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HomeMy WebLinkAboutBack-Up Documents 11-17-16\�q (JJ- ti I152111 l4Ele u1n (J g 1 City of Miami Master Report Enactment Number: R-14-0421 City Hall 3500 Pan American Drive Miamt, FL 33133 www.miamigov.com File Number: 14-00675a Version: 1 File Type: Resolution Reference: Status: Passed Controlling Body: Office of the City Clerk File Name: Miami Bay Trust, LLC Introduced: 10/24/2014 Requester: Cost: Final Action: 10/23/2014 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT FUNDS IN THE AMOUNT OF TWO MILLION, FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00) FROM MIAMI BAY TRUST, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AS APUBLIC BENEFIT, IN CONNECTION WITH A REVOCABLE LICENSE AGREEMENT, PURSUANT TO RESOLUTION NO. 14-0423, ADOPTED OCTOBER 23, 2014, FOR THE TEMPORARY USE AND STORAGE OF EQUIPMENT UPON PALLOT PARK LOCATED AT 3805 NORTHEAST 6 AVENUE, MIAMI, FLORIDA ,SUBJECT TO THE PASSAGE OF ARESOLUTION AT A FUTURE DATE, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE TO PERMIT MIAMI BAY TRUST, LLC TO CONSTRUCT A SEAWALL AT PALLOT PARK LESS ANY WALKWAY OR FILL NEEDED FOR SAID PROJECT AT A COST NOT TO EXCEED SIX HUNDRED THOUSAND DOLLARS ($600,000.00) AND SUBJECT TO THE EXECUTION OF THE ABOVE MENTIONED REVOCABLE LICENSE AGREEMENT. Sponsors: Notes: Indexes: Attachments: History of Legislative File Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result: City Commission 10/23/2014 ADOPTED Pass 1 Office of the Mayor 10/29/2014 Signed by the Mayor Office of the City Clerk 1 Office of the City Clerk 10/29/2014 Signed and Attested by City Clerk 1 Office of the City 3/18/2015 Reviewed and Attorney Approved City of Miami Page 1 Printed on 11/5/2016 lililf,114111 „rot ra g N� City of Miami Legislation Resolution: R-14-0421 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-00675a Final Action Date:10/23/2014 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT FUNDS IN THE AMOUNT OF TWO MILLION, FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00) FROM MIAMI BAY TRUST, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AS A PUBLIC BENEFIT, IN CONNECTION WITH A REVOCABLE LICENSE AGREEMENT, PURSUANT TO RESOLUTION NO. 14-0423, ADOPTED OCTOBER 23, 2014, FOR THE TEMPORARY USE AND STORAGE OF EQUIPMENT UPON PALLOT PARK LOCATED AT 3805 NORTHEAST 6 AVENUE, MIAMI, FLORIDA ,SUBJECT TO THE PASSAGE OF A RESOLUTION AT A FUTURE DATE, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE TO PERMIT MIAMI BAY TRUST, LLC TO CONSTRUCT A SEAWALL AT PALLOT PARK LESS ANY WALKWAY OR FILL NEEDED FOR SAID PROJECT AT A COST NOT TO EXCEED SIX HUNDRED THOUSAND DOLLARS ($600,000.00) AND SUBJECT TO THE EXECUTION OF THE ABOVE MENTIONED REVOCABLE LICENSE AGREEMENT. WHEREAS, pursuant to Resolution No. 14-0423, adopted October 23, 2014, wishes to enter into a revocable license agreement to allow Miami Bay Trust, LLC to use a portion of Pallot Park located at 3805 Northeast 6th Avenue, Miami, Florida, for construction staging and equipment storage; and WHEREAS, Miami Bay Trust, LLC, in connection with their development project abutting Pallot Park, is giving the City of Miami ("City") funds in the amount of two million, five hundred thousand dollars ($2,500,000.00) as a public benefit with a portion of that money being allocated to restoring the seawall at Pallot Park; and WHEREAS, Miami Bay Trust, LLC believes it can construct the seawall, less any backfill or aesthetic improvements, at a cost not to exceed six hundred thousand dollars ($600,000.00); and WHEREAS, such action would require a four -fifth (4/5th) affirmative vote of the City Commission after finding that Miami Bay Trust, LLC is a sole -source for said construction; and WHEREAS, the City is desirous of entering into the revocable license agreement subject to the City's acceptance of funds in the amount of two million, five hundred thousand dollars ($2,500,000.00) and the granting of a sole -source waiver far seawall construction at a future date; NOW, THEREFORE, BE ET RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. City of Miami Page 1 of 2 File Id: 14-00675a (Version: 1) Printed On: 11/5/2016 File Number: 14-00675a Enactment Number' R-I4-0421 Section 2. The City Manager is authorized to accept funds in the amount of two million, five hundred thousand dollars ($2,500,000.00) from Miami Bay Trust, LLC, a Florida Limited Liability Company, as a public benefit, in connection with a revocable license agreement, pursuant to Resolution No. 14-0423, adopted October 23, 2014, for the temporary use and storage of equipment upon Pallot Park located at 3805 Northeast 6 Avenue, Miami, Florida ,subject to the passage of a resolution at a future date, by a four -fifths (4/5ths) affirmative vote, pursuant to Section 18-92 of the Code of the City of Miami, Florida, as amended, after an advertised public hearing, ratifying, approving, and confirming the City Manager's finding of a sole source to permit Miami Bay Trust, LLC to construct a seawall at Pallot Park less any walkway or fill needed for said project at a cost not to exceed six hundred thousand dollars ($600,000.00) and subject to the execution of the above mentioned revocable license agreement Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission City of Miami Page 2 of 2 File Id: 14-00675a (Version: I) Printed On: 11/5/2016 City Commission Meeting Minutes October 23, 2014 ABOVEMENTIONED REVOCABLE LICENSE AGREEMENT. Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes:: Ayes: 4 - Conunissioncr(s) Gort. Sarnoff. Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-14-0421 Chair Gorr: RE. I0. It's yours, Commissioner Sarnoff. Commissioner Sarnoff Thanks, Mr. Chair. The --1 guess the best way to understand this is just to put it pretty much across the board on the table, so as you all know, you probably get met with and people have ideas they want to dolor the park, and then they want to use -- let me go -- rewind. So we get approached by a man who's going to be doing work on the north side of Pallor Park, and we're told that he wants to use 40 feet of the park for staging of some construction. Now, the good part is he's going to clo underground parking, which is a good thing for the City of Miami. But the bad part, of course, is you're going to lose 40 feet of the length of a park, Pallot Park. They come to us and they suggest to us that they're going to then redo the park, okay? Pm pretty comfortable with it solar, 'cause Ilove doing parks. And 1 don't know about you all, but I usually run almost every park idea by Francisco Garcia; just I think he's a good guy, he's got a good eye, he understands planning. And Francisco Garcia was very critical of what was shown to me. So by my way of thinking, what I did was I said, "Well, bring this back to me once Mr. Garcia is satisfied with what the park's going to look like." That was, I think, about a Commission meeting ago. And somebody said to me, "You know, Francisco has so much work and he may not have enough time 10 do this. " And I said, "Well, why don't you give him the opportunity, see where you get to." Sort of fast forward; here we are today. Now, 1 could tell you this: The folks at Pallot Park, based on a promise by the Mayor -- it was a good promise: unfortunately, one he could not fulfill -- wanted to have a seawall put on that park. And if you've ever been to Pallot Park. it's right off of 395. I know I've done two cleanup projects there, and you probably do want to have a seawall. Now, again, kind of — as you were having your conversation, Commissioner Carollo, about, you know, what are the costs, what are the time frames, we've got a couple seawalls in District 2. 1 pretty well know or I think 1 know what the time frames, what the costs are, et cetera. So I checked with CIP (Capital Improvements Program), and they say S2 million. Okay. Commissioner Carollo: How much? Commissioner Sarnoff.. Two million, of which, as you know, ifyou hit it right, you could go to FIND (Florida Inland Navigation District). FIND will give you half of the seawall cost. So 1 have a number- in mind. Today, you know, I'm being shown a document which to me, a little bit critically, Francisco Garcia has still not approved on somebody from the Administration hasn't, but they have an alternate way of getting where they want to get to. So 1 then ask them candidly, "Well, how much money are you going to put in the park?" Took a long time to get that answer. You guys know I don't usually talk like this or do this. And the answer was given to me this afternoon, and it's 2.5 million is what they tell me. And then, of course, I ask, "Well" -- of course, I'm thinking 2 million for the seawall or a million, 'cause you could match that with FIND, leaving you about a million -five for the park. And then Pm told, "Well, no, no, no, Commissioner, 'cause we can do the seawall for $650,000." Okay. I'm having lunch, candidly, Commissioner Carollo, with Mark Spanioli, and 1 said, "Can this seawall be done for S650, 000? " And he says, "Commissioner, without a doubt, it cannot be done for that kind of number; not the seawall we designed and permitted." So the Mayor got it solar that it was designed, it was actually permitted, but we just didn't have the funding source for it. So I'm just putting this all out on the table. In my mind, we have two issues for the park. First issue is, one, somebody wants to use 40 foot of let's say, Commissioner Carollo, 100 foot park; maybe it's a little more than that length. Ciry of Mani i Page 62 Printed an 12/29/201 d City Commission Meeting Minutes October 23, 2014 Commissioner Carollo: h's probably longer. Commissioner Sarnoff Like 300 feet? Conn issioner Carollo: Yeah. Commissioner Sarnoff Okay, 11's probably -- Iris Escarra: Forty-by-300. Commissioner Sarnoff There you go. Commissioner Sarnoff So 40 feet-by-300 feet. So that is separate -- Commissioner Carollo: By the way, 1 visit that park quite a bit, so 1 know exactly where it is. Commissioner Sarnoff- So chime in, help out. 1 don't particularly want to take ownership of this, but 1 want you to know I've been actively involved in this. So that is going to be used for a year, maybe two years as a construction site. So you're going to lose the -- you're going to lose that part of the park, plus 1 suspect a litile bit of the fringe, as well, for an active use of the park. And that to me is a policy decision of the Commission to make that decision, and I know there could be payment for that, but I always think it's very hard to pay for the use -- the loss of a park. The second item that they bring to us is that they will do the park and the improvements as part of the public benefits part of our code that will allow them to do that. So then my next question to them was, "Well, how much do you" -- 'cause I didn't know this, candidly --1 don't know if you all know this off the top of your head -- but -How much do you get of a public benefit versus how .much you have to put in for the park?" So good, great test model, if you will. So they get $5 million worth of public benefit, but they put $2.5 million into a park, which is interesting, because !'ve never had it put to me quite that way before. So for the developer, it's a good deal, because he's going to spend 2.5 million but get a $5 million benefit from our code, if you will: our code. So there are two issues we have here today -- well, maybe not two issues. So let me just say this: We have the use of a park, of which they're willing to spend "X" dollars. We have an enhancement of a park that they're willing to spend "Y" dollars. 1 think the "X" dollars, Commissioner Carollo, is 4,000-something dollar's a month, Commissioner Carollo: Fifty thousand a year, more or less. Commissioner Sarnoff Okay, fair enough; some very close number like that. And the "Y" is they're willing to put now -- and by the way, the first time 1 got this number was today -- $2.5 million into the park. And the 2.5 sounds like a lot of money, except I want to make sure that the secrwall gets done correctly, and 1 think there is a delta between a private person doing a seawall and us doing a seawall, but I don't see that delta being quite a million, four hundred thousand dollars of $2 million. So I had a concern, and I bring that concern to my juridic body here, again, for your suggestions, for your help, for your approval. It would be great to spend $2 million in improvement in a park; that's a lot of money, that's a lot of improvement. If only five, six hundred thousand is used as the seawall, great. But I want to make sure that seawall is at least the competence of what we do in the City of Miami. So I put this on the table; there is where we are with this issue. Chair Gori: Thank you, 1 can always tell you, anything done by the private sector is a lot less than the public sector, and we all know that, because we have to go through certain requirements, certain criterias [sic] that it makes it a lot more expensive. But there's a lot of difference, though, between 600,000 and 2 million; talking a 1.4 difference. Yes, sir. City of Miami Page 63 Primed on 12/29/2014 City Commission Meeting Minutes October 23, 2014 Commissioner Corolla: And Mr. Chairman, and Pm dealing with 11 in a much smaller scale. There is a traffic circle that was approved by the County or the location was approved for a traffic circle, and the Citv's C1P is eslirnating 230, 1 have someone that wants to develop right by them that says -- that has come to me and warts to actually do the traffic circle, and 1 said, "The price is about 230 is what 1 was tall " And he said, "Oh, no, no, we could do it much cheaper than that," So you don't know. You never know how much the City, the government, is paying a premium on some of these jobs, so rnaybe they can't do it cheaper. Now, who would -- I guess it'll be our Building Department that still has to, you know, inspect it and give it the okay, so I think there's some assurance or some security there that they're doing it correctly, because -- you understand what I'm saying? Commissioner Sarnoff: Oh, I completely -- I was going to ask the Chair if he would let Mr. Spanioli -- Chair Gort: Now, the question is who is on staff is going to address those issues, Commissioner Carollo; And Mr. Chairman, I'm sorry, Commissioner -- Chair Gort: Yes, sir. Commissioner Carollo: -- Sarnoff',' we also need to see ifwe could leverage some of those dollars to still get FIND, Commissioner Sarnoff. Yeah. 1 don't think you can but -- Commissioner Carollo: You understanding what I'm saying? For the actual park for improvements. Commissioner Sarnofj': Sure. Chair Gort: You're back on. Daniel J. Alfonso (City Manager): Yes. Well let the engineer address the issue of the strength of the wall, the girth of the wall, the depth of the wall, the sheet pilings, the permitting process, el cetera. Mark Spanioli: Good afternoon, Commissioners. Mark Spanioli, CIP director. The seawall we currently have designed is using concrete precast sheet pile panels along with a new concrete cap. The elevation of the seawall has to be set at 5.0, which is substantially higher than the existing grade there, so that requires some additional grading behind the seawall that wouldn't normally be obvious when you walked up to the base edge. The estimates that we have now are just under 2 million, so 1 use 2 million as a round number, but we feel comfortable that that is an adequate price for the project. Chair Gort: My question is -- Pm sorry. Co,n nissiooner SarGroff I was going to -- How can I make your seawall their seawall? 1n other words, let's say Commissioner Carollo is right. They have this guy that has this new kind of concrete, and this new procedure, and he can do is for S650,000. 1 know you're probably having a little trouble believing that. What assurance do 1 have that 650 buys that $2 million City seawall? Iris Escarra.' Could I make a point of clarification that may help in your analysis? Chair Gort: Excuse me. I'll recognise you at the time, please. My understanding is what they're City gfMrarnr Page 64 Printed on )2/29/2014 City Commission Meeting Minutes October 23. 2014 going to do is they're going to have to pull a permit to do the seawall.. Spanioli: Any seawall construction would require a permit. Chair Gorr: Would have to be a permit. The permit would -- Mr. Spanioli: And the permitting that we have done is not only with the Building Department, but you have the DEP (Department of Environmental Protection) and the Corps of Engineers, et cetera. Chair Gort: So in other words, they would have to comply with the same permits that you have to comply yourself Mr. Spanioli: Absolutely. Chair Gort: Okay. Yes, ma'am, you're recognized. Ms. Escarra: Thank you very much, Commissioner. Iris Escarra, with offices at 333 Avenue of the Americas. Pm here on behalf of the Milton family, who is actually the proponent on this item. When Mr. Mihon quoted during lunch, he was looking for what was the cost. The cost of what he got was a linear fool of the seawall for the approximate length of about 2,000 square feet, which came out to be about 350 per linear - foot It's possible that the quote that they have for 2 million includes the fill and all that, which we did not estimate in that 650,000. So there is a potential difference, and the 2 million is the fill and everything complete. Ours was strictly the seawall quote, which was what he was able to get quickly, so that might count for some of the difference. Commissioner Sarnoff And 1 would have thought -- 'cause the reason 1 wanted to maybe not hear this today -- and I worked through this. 1 don't mind. At some point, somebody should be able to say, "Commissioner, it's a Chevy and theirs is a Chevy,'' or "Ours is a Cadillac" -- I don't mean to degrade anyone -- "and that's a Volkswagen." You know, I'm just trying to use expressions of quality. So I would have thought that we could have gotten on that page today to say, "Don't worry, Commissioner; the seawall that you're debating is the seawall we're going to build" Ms. Escarra: Right. Well, a seawall is -- there's a standard, a specification -- Mr. Spanioli: Righ:. Ms. Escarra: -- and lithe height is a standard height in the code, there's not really a -- the difference comes in the fill part. We did not quote the level offill that may have been needed, and I just wanted to clar fr that. Commissioner Sarnoff' So that all we're talking about right now is backlit!? Ms. Escarra: I believe so, based on what he was describing. Mr. Spanioli: The other item that They may not have priced out is it's required 10 have riprap on the back side of the seawall, on the water side of the seawall, so that would have to be installed, as well. Ifrou're.just taking a linear foot of seawall, you're not taking into consideration the riprap, which is the large boulders that get placed, as well as the upland fill. Ms. Escarra: Butt would anticipate that the biggest expense out of the 2 million is the actual concrete wall, and maybe we could coordinate that the FIND money could be used for the fill and for the riprap, and we would commit -- 'cause as part of the 2.5 million commitment that Mr. City ufIvha m Page 15 Prirrred CM 12/29.'201 a City Commission Meeting Minutes October 23, 2014 :Milton's willing to do, he's willing to do the wall, and maybe we can use the FIND money for the other pieces to conclude. Commissioner Sarnoff But herein lies the problem with the FIND money. 1s that all right, Mr. Chair? Chair Gorr: Yes, sir. Commissioner Sarnoff Herein lies the problem with the FIND money: My understanding -- and somebody correct me if I'm wrong -- FIND money can only go to a governmental entity; goes to the City of Miami. So then we would be primarily responsible for building the wall. The building of the wall then falls to Mr. Spanioli, who is going 10 have a $2 million budget for this wall; could be reduced by, let's say, a million dollars in the event that FIND says, "Well, well pay for half that wall, " which I think they would, but I want to make sure that -- and in that scenario, you know. it just seems like -- you know, it's one thing to quote a linear square fool of a wall followed b,j "Well, we didn't have riprap "; followed by, "We didn't have the backfill"; followed by, "Well, we didn't take into consideration some gradation issues." And it really sounds good to us here, you know, sitting here in this vacuum, 600,000 versus 2 million. And I'm really tying to spread the money as far as I can make it go. Ms, Escarra: Understood. Commissioner Sarnoff A111'm trying to do, 'cause 1-- 'cause in our conversations today -- Ms. Escarra: Right. Cornvnissioner Sarnoff -- in addition, I heard that there was a problem with 6th Avenue, as well. .is. Escarra: Correct. Commissioner Carollo: Welcome to my world. Ms. Escarra: Some of the neighbors expressed that. Commissioner Sarnoff.• Right. And you know -- right, unforeseen or not-!hough!-ofs, or. you know -- I get it. And l just want to spread this as far as possibly it can go. If it ends up we only do what we -- look, 1'rn okay. If for value, as Commissioner Carollo would say, we get the wall along with -- let's say you end up redoing 6th Avenue drainage -- Ms. Escarra: Right. Commissioner Sarnoff -- let's just use it -- something I understand, and you end up repaving, and you exhaust your money. Ms. Escarra: Right. Commissioner Sarnoff Okay, the bones of a park and not, as you would say, the aesthetics of it, but the bones of the park are in place, and in three years. you know, the next Commissioner, with some other monies, can start building some other things. I want to make sure whatever we do -- sort of like the Gusman Theater. 1 want 10 not do the Gusman Theater. And what do 1 mean by that? I don't want to make it pretty inside and forget, oh. that's right; the walls are falling down, the structural is not there, You know, I'd rather build it from the bottom up and not be the Commissioner of pretty. Ms. Escarra: Right. Cuy of Miami t'oge 66 Printer! on 1229'2014 City Cornrnission Meeting Minutes October 23, 2014 Commissioner Sarnoff Which means, you know, I didn't think about the structure, but 1 got it to look aesthetically great, but in three years, it falls apart. That's not -- 1 !Oak anybody up here doesn't want to do that, 1 hope. Chair Gort: Mr. Manager, you're recognized. Mr. Alfonso: Yes, Mr. Chairman. Commissioner's, thank you. Just thinking a little bit out of the box, but I mean, if the developer feels that they can build that wall for that cost, you can always do a four -fifths waiver, award them the contract for that construction, and they're on the hook for delivering that wall, that length, for the right specifications or whatever for that cost. Hee Chair Hardemon: But I think what they want out of it are the benefits that they gel for -- Mr. Alfonso: Right, 1 understand. Vice Chair Hardemon: So they want those public benefits. Mr. Alfonso: They'll -- they can get the benefits. My point is the Connnissioner is concerned about how much of the money, the total 2.5 we can allocate to the park. Chair Gort: Give it to the park. Mr. Alfonso: Well, if they're saying they can build the concrete portion for $600,000, guess what? We can award them on afour-ffths, their 600, they can build it, and if they don't do it for 600 and it cost then 800, well, that becomes their concern, not ours, So that's something that 1 think on a four -fifths could he worked out. Commissioner Carollo: And Mr. Chairman -- Chair Gort: Yes. Commissioner Carollo: -- then we could also apply for the FIND grant. Mr. Alfonso: Yes, because we would be -- Commissioner Carollo: Yes. Mr. Alfonso: -- contracting -- Commissioner Carollo: Exactly, so we could then -- Mr. Alfonso: -- somebody to build., but it's us -- Commissioner Sar Shoff Oh, 1 got you, 1 got you. Mr. Alfonso.' — contracting somebody to build. Commissioner Carollo: Exactly. Commissioner Sarnoff 1 got it. Commissioner Carollo: Exactly. Chair Gort: Okay. City of /'hums Page 67 Primed nn 12:'291014 City Commission Meeting Minutes October 23, 2014 Geoffrey Bash: Mr. Chairman, if you would allow me to nxake a comment that might be beneficial to where you are in this conversation right now? I mean -- Chair Gort: Yeah, Rndyou are? Mr. Bash: My name is Geofrey Bash. I live in the neighborhood of Magnolia Park, 448 Northeast 39th Street. And what I'd like to say is it's my understandingfrorn working closely with FIND and Commissioner Crowley is that the City has a plan. They've been working many years on this, and my understanding that that plan is complete, and it's more of a shoreline restoration project that's multifaceted That's what the community's been asking for, for a decade. It's involves being able to be interactive with the water, and we -- that plan has been a mystery so far. My understanding is the COE (Corps of Engineers) permit is completed, and one other permit, and it's just waiting on the DERM (Department of Enviromnental Resource Management) permit, and FIND has already given a one-year extension, and the City has not yet signed the extension agreement, and FIND is wailing for that. And I'd hate to lose this opportunity, but ifyou could keep in mind, please, a shoreline restoration project, that we have this wonderful watetf ont park and we want to make it like FIND recommends, a floating dock, and we want to be able to take kayaks out to the water. So it's more than just a seawall, so before the Mthon family can say, "We can build this for S300 a square foot," could they see the City's plan that they've been working on, you know, for quite some time? Chair Gort: Thank you for bringing that up. This is the first time -- I don't know if you heard about it before, Commissioner but -- Commissioner Sarnoff I had -- no to that detail, no. I -- the Mayor's been pretty much working on that. Chair Gort: Okay. Commissioner Sarnoff So I'd lave to hear where we are on that. Mr. Spanioli: I don't have the physical plan with me, but 1 can describe it to the best of my ability. Besides for the obvious seawall that we've been discussing, there is a kayak launch at one end of the facility and a meandering -- we call the bay walk or walkway that runs along the edge of the seawall. Chair Gort: That design has been completed? Mr. Spanioli: That design is completed. Chair Gort.: It's ready to go? Mr, Spanioli: The only permit outstanding is DERM,- all the other permits have been issued. Commissioner Carollo: Estimate cost? Mr. Spanioli: This is the 2 million dollar project. Commissioner Corolla. Okay, so this is why -- Commissioner Sarnoff Yeah, it's more than a seawall. Commissioner Carollo: -- this will pay -- Dry of Miami Page 68 Printed an 12;29/201.i City Commission Meeting Minutes October 23, 2014 Mr. Spanioli: Right. Commissioner Carolio: So in other words, you've been working on that and this will fund the project, so -- Commissioner Sarnoff 1 think at this point, we're better suited to just take the money, 'cause I think --1 really think what's going on is we're getting 70, 60 percent of what this project is, 'cause the seawall is a percentage of it, but there's some other things along with it, and I think we're just better suited from -- instead of finger pointing thing, to turn around and say, "Look we built seawalls before, we know who we're going to use, we're going to do this meandering thing." 1 did not know Geoffrey that you had gotten to the levels that you got to with the Mayor, and obviously, there's been some community input in that. I think we should just turn around, take the money, and let us be responsible for it. And I'm not the guy that usually says to do that, 'cause I'm a believer in the private sector and let them do it cheaply, but 1 don't think we're going to get exactly what we think we're going to get. Chair Gort: I think if the community got involved, we have a plan, they've already been designed, it's been approved. We only waiting for DERM to approve it and we're ready to go, and that's a commitment the City had from before. Mr. Spanioli: That's correct. The only thing that's pending is our construction funding. Chair Gort: Okay. Now you got the construction funding. Okay. Now, the rent, I didn't -- Ms. Escarra: I -- rf -- Chair Gort: -- I was not able to go through here. What is the rent they're going to pay, the monthly? Commissioner Corolla: Mr. Chairman, Chair Gort: Yes. Commissioner Carollo: Could we listen from -- Ms. Escarra: Right. IfI may, I apologize. Mr. Milton was here all morning, and he had to leave, unfortunately, for the afternoon. 1 can't necessarily commit that he will pay the money in lieu of doing the work. The problem with the commitment versus doing the work was that initially, when we discussed half the funding for the 2 million dollar project, he was saying, "Okay, if 1 give them a million dollar, but I find out it really only cost 600, 000, there's a 400,000 loss if the private sector does it." Chair Cori: Thank you. Commissioner Sarnoff Okay, you've explained -- Ms, Escarra: So he didn't want -- Commissioner Sarnoff.• -- everything. That statement in and of itself -- Chair Gort: That's it. Commissioner Sarnoff: -- says everything you need to. Ms. Escarra: He was trying to save the City the difference in the 400,000 -- C'rry of Miami Page 69 Primed on 12./29,2014 City Commission Meeting Minutes October 23, 2014 CommissionerSarnofj You know what? I -- lls. Escarra: -- that the City is -- Commissioner Sarnoff -- lost my temper back therewith you. Ms. Escarra: Understood. Commissioner Sarnoff: And you know why I lost rnv temper back there with you? Just because of this: "Because we're going to put 2 million; we're going to put 2.5 million in, Commissioner, but I can't give you that 2.5 million, cause I think its going to be 1.8 million it's only going to cost me. And that S700.000, amongst gentlemen" -- Ms. Escarra No, 1-- l'm sorry. I don't want to be misunderstood. That's not what I'm saying. Commissioner Sarnoff Then here's what he simply should do: "Commissioner, we are -- this is what you told me earlier, and 1 have texts to this effect. Ms. Escarra: Yeah. Commissioner Sarnoff "K are going to give you 2,5" -- "We commit to 2.5 million. Ms. Escarra: Correct. Commissioner Sarnaff Great, We'd be more than glad to take the S2.5 million, I'm prepared to move this and we can go on our own ways; that's what I'm willing to do. Ms. Escarra: If I may explain just one moment? Commissioner Sarnoff.• Sure. Als. Escarra: This morning when we were discussing, the City was saying that they needed half the funding to max -- for it to — to be able to fund the FIND money, FIND only gives you half, and then they match the other half. So they were -- we were discussing, would you give the million so that you can get the other million from the FIND as a match, because they don't fund the whole project: they only -- FIND -- Commissioner Sarrnoff That's a loss. Commissioner Carollo: Right. Chair Gort: Defer. lice Chair Hardemon: They want to save themselves money; that's what this is about. Ms. Escarra: No, no, no, it's not necessary -- they still want to make the 2.5 million in all different park improvements in addition to including the -- Vice Chair Har demon:• Seawall. Ms. Escarra; -- seawall. Vice Chair Hardernon: Right. Coy nTMiami Page 70 Printed on 12/29/2014 City Commission Meeting Minutes October 23, 2014 Ms. Escarra: If they can build the seawall for less money than the 2 million -- Commissioner Carollo: No, no. Ms. Escarra: -- that's being proposed, maybe -- Commissioner Sanf.No. Als. Escarra: But it's saving the City money. Commissioner Sarnoff But it --1 don't know, I been up here for almost -- I'm going past eight years, and 1 know what I'm being told, and I know — and I really respect you, Iris; 1 really do. But sometimes don't touch something that's dirty, 'cause you can never get clean from it. And the -- it's exactly what Hardemon said. You know. they're trying to save money; they are. Ms. Escarra: But they don't want the credit for the million; they only wanted the credit for what -- the cost of whatever the seawall was. They're not trying to play you or anything the system. They want -- they were thinking that they would be saving the City money by being able to do it more efficiently. Vice Chair Haldeman: So you're saying -- Chair Gorr: Wait a minute, wait a minute. What you're saying is the 2.5 is there. Ifyou do it for less, the rest stays with the City? Ms. Escarra: Correct. 1 only get credit -- we --1 go through an evaluation — to be able to qualify for the public benefit, CIP (Capital Improvements Program) has to review our budget and approve that that was the actual expense of -- what the truth is. Chair Gorr: Mr. Manager. you're recognized. Mr. Alfonso: Okay. Mr. Chair, 1 go back to my recommendation. Hand over $2.5 million. We'll contract you to do the seawall. We'll pay you to do the seawall, the $600.000. You build the $600,000 seawall. We'll build the rest, the meandering walk, and whatever it is that we need to do. If we get the money from FIND, we put that into the park, as well. Commissioner Sctrnoff So moved as stated by the Manager. Chair Gott: It's a motion; is there a second? Commissioner Carollo: Second. Chair Cori: It's been moved and second. Any further discussion? Being none -- Ms. Escarra: If 1-- Chair Gort: -- is this -- Ms. Escarra: -- may, I don't have that authorityfrom my client. A apolo --1 can't. 1 didn't speak -- Could we table this? He is getting off a plane in an hour. Vice Chair Hardemon: But I -- May 1 say something for a quick moment? Chair Gori: Yes. C'ily e[Mrami Page 71 Printed an 12.29,2014 City Commission Meeting Minutes October 23, 2014 Vice Chair Hardemon: See, at first, I thought 1 was validating perception. I drought I was looking at, "Well, I'm looking at a company, that wants to save themselves money," right Chair Gant: Right, right. Vice Chair Hardemon: So you very much -- so eloquently did you describe to me how wrong 1 was: so eloquent did you do that. "You are incorrect. Nye are trying to save the City money." Oh, okay. So Mr. Chairman says, "Yes, you're a ying to save the City money, so we can keep the rest of the money to make whatever else improvement that we want to make," right? So that's the -- that was the next part. Ms. Escarra: Correct. Vice Chair Hardemon: Which means that, okay. you helped us save us some money, cause you built the wall, but because it only cost you S600,000 versus 2.5, now we have a 1.5-something million dollar savings that we can use to do other things at the park. Ms. Escarra: Correct. Vice Chair Hardemon: Okay, correct. Now -- and at the end of the day though, from this statement. you still commit S2.5 million. Ms. Escarra: Correct. Vice Chair Hardemon: So here we are. The motion that just was moved, seconded and passed was 10 -- for you to give us $2.5 million; we send out an REP (Request for Proposals) -- oh, Pm sorry -- we four -fifths waiver to give you the contract -- Mr. Alfonso: Right. Vice Chair Hardemon: -- you build it for however much it cost you to build it, and — see, we're going to take the money that we have and do a sea walk [sic] or whatever you want to make with it. So we just described the same thing, but now, you're telling us you don't have the authorization. So -- Ms. Escarra: I'm sorry -- Vice Chair Haldeman: -- either you are or are not going to give S2.5 million to save us money. Ms. Escarra: 114 are going to give 2.5 million in improvements. And I apologize if I misunderstood, but there are other improvements for the difference from the 600, 000 for the parks; that we have to work on a park plan with Parks. There was a proposal for pathway; there ivas other proposals for park improvements. Vice Chair Hardemon: Don't worry about that. All you 1t'orry -- Chair Gort: Fine. Ms. Escarra: That's fine? Okay. Vice Chair Hardemon: -- about is the 2.5. Ms. Escarra: Because there's a portion of it for seawall and there's a portion of it for park improvements that -- City n/Miami Page 72 Printers on 12,29/2014 City Commission Meeting Minutes October 23, 2014 Mr, Alfonso: Right. Ms. Escarra: -- of commitments that they have made. Vice Chair Hardemon: The seawall is a park-- is the seawall considered technically a part of the park -- Mr, Afonso: Yeah. Vice Chair Ilarderrton: -- that the improvement is made on? Chair Gort: Mr. Manager. Mr. Alfonso: Okay. What we're trying to get to here is this: The entire development of the seawall, walkway, backf ll, all that stuff has a cost. The portion where the private developer is saying, "We can do it for less" is actually only the concrete wall. Ms. Escarra: Correct. Mr. Alfonso: So what we're saying is, "You're committing $2.5 million, Give the City the $2.5 million. We will contract with you to build only the concrete wall portion for the 600, 000 that you say you're willing to build it. We will four -friths award you that contract to build that concrete. The City retains the other $1.9 million to do all the other work that is required; the meandering walkway, the backfrll, We're not requiring you to do that. We will take care of that, and you get your credit"; is that what this Commission understands? Commissioner Sarnoff Thai was my -- Chair Gort: Y'es. Commissioner Sarnoff -- motion. Vice Chair I-iar demon: Now, and just as somewhat of an unreadiness in my mind, so they are only building the concrete part of the wall that they describe as S600,000; not what we know that there needs to be some additional resources or additional items or however you describe that -- Mr. Alfonso: Correct. And we're applying for a FIND grant that will be a million dollars. We use that to do the additional things that have to go on; whether it's the backfrll, the walkway, the boat launch -- well, the boat launch is part of the wall, but those kinds of things. Ms. Escarra: If 1 can just clarify for the record. So the balance of whatever is non -seawall, we'll be able to sit down, work with Planning and Parks for the rest of the design of the park; whatever is not used of the 2.5 seawall money, the rest will be for park design that we'll work with them on, Connnissioner Sarnoff Well, I'd like to think it also includes the meandering walkway and I'd like -- Ms. Escarra: Oh, yeah, 'cause we hod one of those in the plan we had, you know, the dog area, park area. Commissioner Sarnoff 1-- look, the first time I learned -- a little embarrassed -- was today that the Mayor had gone so far as to create this plan. I didn't know the plan, so I want to help facilitate that plan. ('iry of Miami Page 73 Printed on 12.'29.2014 City Commission Meeting Minutes October 23, 2014 Chair Gort: Yeah. Commissioner Sarnoff So whatever is left over after that plan will be the park. Ms. Escarra: Right; will be the final design that we'll work -- Chair Gort: That's the motion that's on the floor. Ms. Escarra: Right. Commissioner Carollo: Yeah. Chair Gort: Okay? Ms. Escarra: Understood. Chair Gort: Any further discussion? Ms. Escarra: Sorry I misunderstood earlier; I just want to be clear. Chair Gort: No problem. Any further discussion? Being none, all in favor -- Barnabv Min (Deputy City Attorney): Mr. Chair. Chair Gort: -- state it by saying "aye." The Commission (Collectively): Aye. Mr. Min: Can 1 just -- can 1 clam --? Vice Chair Hardemon: That's no! -- that's a resolution; that is not RE.10. That is a separate resolution you explained. Co, nnissioner Carollo: Yeah. I%rce Chair Hardemon: 'Cause RE.10 deals with the -- Mr. Min: Right. Vice Chair Hardemon: -- leasing of the land. Ms. Escarra: Right. Chair Gort: It's got to be amended. Commissioner Sarnoff :Vow we'll deal with RE.10. Chair Gort: As amended. The second accept as amended? Commissioner Sarnoff Right. Now, I'll make a motion on RE.10. Commissioner Carollo: Hold on. Commissioner Sarnoff I would ask -- COy ofMiami Pala 74 Printed on 12'29/2014 City Commission Meeting Minutes October 23, 2014 Commissioner Carolla: So that was not part of RE.10? Commissioner Sarnoff No, but now I'll incorporate RE.10 with that, 1 think, and Manager can listen carefully. So I would. number one, say that the pail of the public record that's been in -- just before RE.10 is a part of this record, and that RE.10 be approved subject to the fulfillment of the previous resolution. Commissioner Carollo: Second, 1-ice Chair Hardman: Second Chair Gort: Okay, it's moved and second. Further discussion? Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye, Mr. Min: As modified. Ms. Escarra: Thank you very Hutch, and 1 appreciate your patience -- Chair Gori: Thank you. Ms. Escarra: -- and clarifications, Commissioner Carollo: If it conies through, let me tell you something, that's a beautif d park. Commissioner Sarnoff.' Oh, it is. Commissioner Carollo: And by the way, 1 don't know —1 don't think it's people, I think it's just it washes it, all the trash there and stuff like that. 1 mean, 1 visit that park marry times with my daughter-. and 1'!1 be honest with you, I wanted to do a cleanup day at that park. And I didn't so 1 wouldn't overstep my boundaries and go into -- but I'm telling you, it's such a beautiful park. 1 mean, it's just green area right into the bay; it's just beautiful. Chair Gorr: Okay. Commissioner Sarnoff I'll tell you -- Commissioner Carollo: 1i cept for all the dirt and all the trash bags. Commissioner- Sarnoff: And that park -- and Geoffrey will remember this -- used to have a great big fence in front of it. And one of the easiest things we did was take doii'n the fence, and it was like, why would you put a fence up around this beautifd park? And, you know, Geoff ey, just so you know, 1 read what you had to say. 1-- and 1 actually agree with a lot of your thoughts, just so you know. Mr. Bash: Well, they come from 15 years of experience there and -- but what I would like to also add, 1 heard mention of the design will occur between the developer and the City, and 1 would like to ask the community to be involved, as well. Chair Gori: My understanding, a design has already been done, it's been approved; all it's ,nailing for is for DERMs permit. A9r. Bash: I mean -- Ciry gfMAiann Page 75 Printed on 12/29 201 4 City Commission Meeting Minutes October 23, 2014 Chair Gort: They have to input the design that you all worked on is what's going to be implemented is my understanding. A4r. Bash: That's the shoreline restoration portion. Chair Gort: Right. Mr. Bash: The other park improvements, the conzmunity would like -- because we have very different ideas. Commissioner Sarnoff 1'1/ say that's a "yes." Mr. Bash: Okay, thank you. Commissioner Sarnoff The answer is "yes." Mr. Alfonso: Yes. Chair Gort: Thank you. END OF RESOLUTIONS BOARDS AND COMMITTEES BC.1 RESOLUTION 14-00870 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS ELECTED MEMBERS OF THE OVERTOWN ADVISORY BOARD/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mae Christian Elected Reginald Munnings Elected Alison Tomlinson Elected Ultrina Harris Elected Derek Cole Elected 14-00870 OAB CCMemo.pdf 14-00870 OAB Current_Board_Members.pdf 14-00870 DAB Nomination Applications for Elected Members.pdf 14-00870 OAB Certification - Election.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez City of Miami Page 76 Printed on 12729:7014 J' oirrok K - City of Miami Master Report Enactment Number: R-14-0423 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-00675 Version: 2 File Type: Resolution Reference: Controlling Body: Office of the City Clerk File Name: Rev. License Agrmt - Miami Bay Trust, LLC Introduced: 7/7/2014 Requester: Department of Real Estate and Cost: Final Action: 10/23/2014 Asset Management Status: Passed Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("LICENSE"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI BAY TRUST, LLC, A FLORIDA LIMITED LIABILITY COMPANY, FOR THE USE OF APPROXIMATELY 13,000 SQUARE FEET OF CITY OF MIAMI OWNED PROPERTY LOCATED AT 3805 NORTHEAST 6TH AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED 1N EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE STORAGE OF CONSTRUCTION MATERIALS, EQUIPMENT AND STAGING OF A MOBILE CRANE, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE LICENSE, PURSUANT TO RESOLUTION NO. 14-0421, ADOPTED OCTOBER 23, 2014. Sponsors: Notes: Indexes: Attachments: 14-00675 Summary Fonn.pdf,14-00675 Legislation.pdf,14-00675 Exhibit A.pdf,14-00675 Exhibit-Agreement-SUB.pdf, History of Legislative File Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result: Office of the City Attorney City Commission City Commission City Commission Office of the Mayor Office of the City Clerk Office of the City Attorney Action Note: 7/15/2014 Reviewed and Approved 7/24/2014 DEFERRED 9/11/2014 DEFERRED 10/23/2014 ADOPTED WITH MODIFICATIONS 10/29/2014 Signed by the Mayor Office of the City Clerk 10/29/2014 Signed and Attested by City Clerk 3/18/2015 Reviewed and Approved MODIFICATIONS MADE TO RESOLUTION AND EXHIBIT (AGREEMENT) Pass Pass Pass City ofMiami Page 1 Printed on II/5/2016 * iscarr;.rai.� 111p1 o u x City of Miami Legislation Resolution: R-14-0423 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-00675 Final Action Date: 10/23/2014 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("LICENSE"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI BAY TRUST, LLC, A FLORIDA LIMITED LIABILITY COMPANY, FOR THE USE OF APPROXIMATELY 13,000 SQUARE FEET OF CITY OF MIAMI OWNED PROPERTY LOCATED AT 3805 NORTHEAST 6TH AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE STORAGE OF CONSTRUCTION MATERIALS, EQUIPMENT AND STAGING OF A MOBILE CRANE, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE LICENSE, PURSUANT TO RESOLUTION NO. 14-0421, ADOPTED OCTOBER 23, 2014. WHEREAS, the City of Miami ("City") is the owner of the property located at 3805 Northeast 6th Avenue, Miami, Florida ("Property"); and WHEREAS, Miami Bay Trust, LLC, a Florida Limited Liability Company ("User") has requested the temporary use of approximately 13,000 square feet of the City -owned Property, also known as Magnolia Park; and WHEREAS, the User shall pay a monthly use fee to the City in the amount of Four Thousand Two -Hundred Fifty -Two Dollars and Eight Cents ($4,252.08), with the terms and conditions more particularly set forth in the Revocable License Agreement ("Licenser"); and WHEREAS, the User shall be responsible for the relocation of any existing trees within the Property to another location within the City land; and WHEREAS, the User shall be responsible for returning the Property back to the same or better condition with fresh sod at the expiration of the License; and WHEREAS, the User shall remove all materials, fencing, equipment and soil additions placed or stored on the Property at the expiration of the License; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. The City Manager is authorized{1} to execute a License, in substantially the attached form, with the User, for the use of approximately 13,000 square feet of City -owned Property, as more particularly described in Exhibit "A", attached and incorporated, for the storage of construction materials, equipment and staging of a mobile crane, with the terms and conditions more particularly set forth in the License, pursuant to Resolution No. 14-0421, adopted October 23, 2014. City of Miami Page 1 of 2 File Id: 14-00675 (Version: 2) Printed On: 11/5/2016 File Number: 14-00675 Enactment Number: R-14-0423 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission City of Miafni Page 2 of 2 File Id: 14-00675 (Version: 2) Printed On: 11/5/2016 REVOCABLE LICENSE ISSUED BY THE CITY OF MIAMI TO MIAMI BAY TRUST, LLC FOR THE OCCUPANCY OF PROPERTY LOCATED AT 3805 N.E. 6TH AVENUE MIAMI, FLORIDA January 12, 2015 TABLE OF CONTENTS 1. Purpose. 5 2. Occupancy and Use Period. 5 3. Interest Conferred By This License. 5 4. Fees. 6 5. Late Fee. 6 6. Condition of the Property. 7 7. Alterations, Additions or Replacements. 7 S. Violations, Liens and Security Interests. 8 9. City Access to Facility. 8 10. Indemnification and Hold Harmless. 9 11. Hazardous Materials. 10 12. Insurance. 11 13. No Liability. 13 14. Taxes and Fees. 13 15. Cancellation By Request of Either of the Parties Without Cause. 14 16. Termination By City Manager For Cause. 14 17. Notices. 14 18. Advertising. 15 19. Ownership of Improvements. 15 20. Surrender of Area. 16 21. Default by User. 16 22. Severability. 16 23. No Assignment or Transfer. 17 24. Nondiscrimination. 17 25. Affirmative Action. 17 26. Waiver of Jury Trial. 18 27. Non -waiver of Violation. 18 28. Amendments and Modifications. 18 29. Compliance with All Applicable Laws. 19 ii 30. Captions. 19 31. Interpretation. 19 32. Entire License. 19 EXHIBITS Exhibit "A": The Area - Legal Description & Sketch 22 Exhibit "B": Conditions of Use for Occupancy 23 Exhibit "C": List of Equipment/Materials to be stored on Area 24 Exhibit "D": Insurance Requirements 25 iii RIV0( 'ABLE '1.17NSF ,cense ) ih.lnade this %. day 4,t ro1/406„11,4i.k _ r, [4107), ILO'TI)Aj111(IniCipal L:(ipontitif of the Sta!s_ ol 1 Icn iciu 1,-'11...!") and ,\,11a2.11 111) 1itiS1, LI lord' on-tpari). f." Iser-1 i:" 1 P ; Ftt Islvd Stt. Coral REC'Ir. I AI.S WIIEREAS, the C , lovaito )105 ?'1 Smenitc, jjp. intida ("Piopert)."1. dal ‘VITERFAS ; ;cmpuritri; orox,11-.. ..0110 .e: I I .T.t. of oil -I:). 1• • kitti. nt. ,..t t,titt• tte., • - Vs lifiRE.‘fs. antierratt•s •iii ct to take arpto\imatei) i .11) 'Ant for n iinaI 16.1 min ths UT. 11 Scpi 2016,and IILRFA1/41 $1: .t. afilc ;1•0.• ('''ndv.;th.ri:t 7.11. C1;71: 'Al_ :I ),IEREAS t , .111 transfer an ROI property including any leasehold ni1ticl..1 prcIpLrty ot-n,0 re! ',Ilk. C:tt_t thi= ircrit.4; itt,t twig to tlic - al rcr flry unspccifict.t ptirpces. Liist. does t ,t1t cxeluott the tro al top. NVILREAS 17i- I icense permits only %.:erttai et:unto:lied. ,tptci c. l'stvd tied Use. atid does pfiruit dovirorT lurlha: and c"pret,-.d herein anti in cflastderancr. n 1. 1 Cit.", and Lser agree as 1:n1.ov, Purpose. The City is the owner of real property located at 3805 NE 6 Avenue, Miami, Florida ("Property") (a.k.a. Albert Pallot Park), The City has determined that approximately 13,000 square feet of park land within the Properly ("Area"), as more particularly described in Exhibit "A" attached hereto and made a part hereof, is not needed at this time by the City. The User wishes to use the Area for the storage of construction materials, equipment and staging of a mobile crane upon the Area ("Permitted Uses"). The City is willing to assist the User by temporarily authorizing the User to occupy and use the Area for the Permitted Uses, under the conditions hereinafter set forth. Any use of the Area not authorized under the Permitted Uses roust receive the prior written consent of the City Manager, which consent may he withheld or conditioned for any or no reason, including, but not limited to additional financial consideration, 2. Occupancy and Use Period. This License is effective as of r't teu % _ , 20 l ' ("Effective Date") and shall expire on the earlier of: (a) (b) (b) (c) Thirty (30) months from the effective date; or Cancellation or termination by the express written License of the parties hereto; or Cancellation or termination by request of either of the parties hereto, subject to the notice provisions of Paragraph 16, "Cancellation By Request of Either of The Parties Without Cause"; or Cancellation pursuant to Paragraph 17, "Termination by City Manager for Cause"; 3. Interest Conferred By This License. User agrees that this License has been issued by the City to authorize User to occupy the Area solely fir the limited purpose of the Permitted Use and no other purpose. The parties hereby agree that the provisions of this License do not constitute a lease and the rights of User 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 License. No leasehold interest in the Area is conferred upon User under the provisions hereof and [Jscr does not and shall not claim at any time any leasehold estate or ownership interest In the Area by virtue of this License or its use of the Area hereunder, Additionally, User 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 User 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) The Fee, In consideration of this License, commencing on the Effective Date, User agrees to pay a use fee ("Monthly Use Fee") to the City of Four Thousand Two hundred t ifly- Two )Dollars and Eight Cents.. ($4,252.08), plus State Use 'fax, if applicable for each month or any portion thereof that User uses or occupies the Area, which Monthly Use Fee shall he paid in advance and in full on the first day of each month without notice or demand, Payments shall be made payable to the "City of Miami" and shall he mailed to Finance Department, Attn: Treasury/Receipts 444 s,W, 2nd Avenue, 6111 Floor, Miami, Honda 13130 or such other address as may be designated from time to time, 5, Late Fee. In the event City does not receive any installment of the Monthly I1Jse Fee within five (5) days of the date in which it is due, User shall pay to the City a Tate 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 User 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 User's violations with respect to such overdue amount, nor shall it prevent the City from the pursuit of any remedy to which the City tin otherwise be entitled. cL 6 6. Condition of the Arca and Maintenance. User accepts the Arca "As Is", in its present condition and state of repair and without any representation by or on behalf of the City, and figreas that the City shall, raider no circumstance, be liable for any latent, patent of other" defects in the Ar'Gar. User, 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. User shall be responsible for all repairs to the Arca required or caused by User's use of any part thereof, User agrees to make all changes necessary to the Area al User's sole cost and expense in order to comply with all City, County, State and Federal requirements for User's use or occupancy thereof. Additionally, User agrees to maintain the Area at its own cost and expense in accordance and in compliance with the terms and conditions specified in Exhibit "D" attached hereto and made a part hereof, Moreover, User agrees to only store the materials and equipment identified in Exhibit "C" attached hereto and made a part hereof under terms and conditions consistent with this License. 7. Alterations, Additions or Replacements. Except in the event of an emergency and in the case of the conditions and requirements specified in Exhibit "13" User shall not make any repair or alteration required or permitted to be perliarmed by User 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 he commenced until planes and specilkaatiors therefore shall have been submitted to and approved by the City Manager, User ;rrk;now1edges that any approval given by the City Manager pursuant to this Section shall not constitute an opinion or Licensee 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, User may reasonably proceed to pertiin such repair work and shall immediately notify City of such work. 7 8. Violations, Liens and Security Interests. User, at its sole expense and with (Inc 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 connected with, User's improvements, use, occupancy, or operations in the Area which shall be issued by any public authority having or asserting jurisdiction, User shall promptly pay its contractors, subcontractors, and material -men for all work and labor done at User's request. Should any lien, claim, or encumbrance be asserted or filed, User shall bond against or discharge the same regardless of validity, within ten (10) calendar days of User's receipt of notice of the filing of said lien, claim, or encumbrance. In the event Uscr 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 User 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. User 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 User has contracted or otherwise is found liable, in respect to the Area. Nothing contained in this License shall be deemed, construed or interpreted to imply any consent or license 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 Licenses involving the Area shall provide fear the waiver or 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 License, 9. 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 Arca at any time to (a) inspect the Area, (b) to perform any obligations of User hereunder which User has tailed to perform after written notice thereof' to User (c) to assure User's compliance with the terms and cr 8 provisions of this License 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 User 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 User 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 User of any responsibility, obligations or liability assumed under this License. 10. Indemnification and IJ.old harmless. During the Term of this Agreement, the User and International General Contractors, Inc. (including any of User's or International General Contractors, Ine,'s employees, agents, contractors, representatives, licensees, or invitees) shall indemnify, hold harmless, and defend the City from and against any and all claims, suits, actions, damages, or causes of action of whatever nature for any personal injury, loss of life, damage, or destruction to the Property sustained in or on the Property by reason of, or as a result of, User's use or operations thereon. This includes indemnification from and against any orders, judgments, or decrees which may be entered thereon; from and against all costs and attorney's fees (including at the trial and appellate levels and any incurred in enforcing these indemnity obligations); from and against all expenses and liabilities incurred in and about the defense of' any such claims; and the investigation thereof to the extent the negligence or alleged negligence is not caused by the City's active negligence. This includes the costs of defense of the City, including its attorney's fees, if the City must defend any action, claim, or proceeding that is determined to gill within this indemnification provision. This indemnification provision shall only survive the expiration or termination of this Agreement for the applicable statute of limitation period which may arise from any incident which may occur during the Term of this Agreement. 9 l 1. Hazardous Materials The User 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 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 User 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 User's use, or storage of, any Hazardous Materials in or about the Arca in conformity with all applicable Hazardous Materials Laws and prudent industry practices regarding management of such Hazardous Materials. Upon termination or expiration of this License, the User shall, at its sole cost and expense, cause all Hazardous Materials, including their storage devices, placed in or about the Area by the User or at the User'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 User from operating in the Area for the uses described in the Section of this License entitled "Purpose". The User 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 License shall survive the expiration or termination of this License. 10 12. Insurance. Prior to Uscr, its agents, employees, representatives, contractors, sub -contractors, consultants or anyone else directly or indirectly employed by any of them entering upon the Area for the purpose of performing the Permitted Uses as defined herein, the User 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 governmental agencies arising out of or related to the activities undertaken by the User upon the Area 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 Ivlanagement 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 User shall he responsible for assuring that the insurance certificates required under this License remain in hill force and effect for the duration of this License, including any extensions hereof. If insurance certificates are scheduled to expire during the term of this License and any extension hereof, User shall be responsible for submitting new or renewed insurance certificates to the City's Risk 1Vlanagement Administrator at a minimum of ten (10) calendar days in advance of such 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 License 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 License for cause and seek appropriate remedies in conjunction with the violation of the terms and conditions of this License. gL„. Compliance with the foregoing insurance requirements shall not relieve User of its liabilities and obligations under this License. User shall require as well its construction contractors, subcontractors, and vendors for the Project that come onto the Arca to furnish the User and the City, evidence of the following insurance coverage, unless this requirement is waived in writing by the City Manager: The User's failure to require third parties to procure insurance shall in no way release the User 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 License as provided in Section 22 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 User may take all necessary actions to cause such third party to pay such costs and the User shall be responsible for the restoration of any and ail losses incurred by the third party. In no event shall the City be liable for damage caused to the Area 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 User. 13. No Liability. in no event shall the City be liable or responsible for injury, loss or damage to the property, irnprovements, fixtures and/or equipment belonging to or rented by User, 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 Arca, 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. 12 User 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. User further acknowledges that as lawful consideration for being granted the right to utilize and occupy the Area, User, 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 User's use of the Area. 14. Taxes and Fees. User 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 User, including, but not limited to, ad valorem taxes, fire fees, and parking surcharges. In the event User appeals a tax or fee. User 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 to pay one hundred percent of the contested tax together with all interest, costs and expenses, including reasonable attorneys' fees, expected to be incurred. 15. Cancellation By Request of Either of the Parties Without Cause. Either party may cancel this License 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. 16. Termination By City Manager For Cause. 13 If, at the sole and complete discretion of the City, User in any manner- violates the restrictions and conditions of this License, then, and in such event, after ten (10) calendar days written notice given to User by the City Manager within which to cease such violation or correct such deficiencies, and upon failure of User to do so after such written notice within said ten (10) day period, this License shall be automatically canceled without the need for further action by the City. 17. Notices. All notices or other communications which may be given pursuant to this License shall be in writing and shall be deemed properly served if delivered by personal service or by certified mail addressed to City and User 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, 10`h Floor Miami, Fl 33130 WITH A COPY TO City of Miami Department of Public Facilities 444 SW 2nd Avenue, Suite 325 Miami, FL 33130 USER Miami Bay Trust, LLC 3211 Ponce DE Leon Blvd., Ste 301 Coral Gables, FL, 33134 Attn. Joseph Milton WITH A COPY TO Greenberg Traurig 333 Avenue of the Americas, 44th Floor Miami, FL 33131 Attn: Iris Escarra, Esq. 18. Advertising. User 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. User 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. User must further obtain approval from all governmental authorities having jurisdiction, 14 and must comply with all applicable requirements set forth in the City of Miami Code and Zoning Ordinance. Upon the cancellation of this License, User shall, at its sole cost and expense, remove any sign, decoration, advertising matter or other thing permitted 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 user at its sole cost and expense. Should User 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 User. User 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. User 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 License. 19. 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 User, shall, unless otherwise provided by written License, immediately upon their completion become the property of the City and shall remain and be surrendered with the Area. 20. Surrender of Area. In event of cancellation pursuant to Paragraph 16, "Cancellation By Request of Either of The Parties Without Cause," or Paragraph 17, "Termination By City Manager For Cause," at the expiration of the Notice Period, User 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, User shall promptly remove all its personal property, trade fixtures and equipment and User shall repair any damage to the Area caused thereby. Should User fail to repair any damage caused to the Area within ten (10) days after 15 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 User. User 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 User, at User's sole cost and expense, to restore the Area to a condition acceptable to the City. In the event User 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 User's sole cost and expense. 21. Default by User. In the event User is in default of the terms of this License the City shall have all remedies available to it at law or in equity. In the event that User fails to peacefully surrender the Area at the expiration of the Notice Period provided in Paragraph 16, "Cancellation By Request of Either of The Parties Without Cause," or as provided in Paragraph 17, "Termination By City Manager For Cause," after delivery of a notice of cancellation of the License by the City ("City Notice"), 22. Severability. Should any provisions, paragraphs, sentences, words or phrases contained in this License 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 terms and conditions of this License shall remain unmodified and in full force and effect. It is the express intent of the parties that this License constitutes a revocable license and not a lease. To further this intent, the parties agree as follows: (i) if any provision of this License, 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 16 License, 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 License shall not be affected thereby and shall continue to operate and remain in full force and effect. 23. No Assignment or Transfer. The License may not assign or transfer this License or any portion of any privilege of occupancy and/or use granted by this License. 24. Nondiscrimination. User shall not discriminate 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. 25. Affirmative Action. User 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, User shall submit a Statement of Assurance indicating that their operation is in compliance with all relevant Civil Rights laws and regulations. 26. 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 License, or arising out of, under or in connection with this License or any amendment or modification of this License, or any other License executed by and between the parties in connection with this License, or any course of conduct, 17 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 User entering into the subject transaction, 27. 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 terms or conditions of this License 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. 28. Amendments and Modifications. No amendments or modifications to this License 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 License, as needed, with terms and conditions more particularly set forth in the License, subject to City Attorney approval. I8 ict„ 29. Compliance with All Applicable Laws. The User accepts this License and hereby acknowledges that User's strict compliance with all applicable federal, state and local laws, ordinances and regulations is a condition of this License, and the User shall comply therewith as the same presently exist and as they may be amended hereafter. This License 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 34. Captions. Title and paragraph headings are for convenient reference and are not a part of this License. 3l . Interpretation. This License 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 this License 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 terms 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 License. 32. Entire License. This instrument and its attachments constitute the sole and only License of the parties hereto and correctly sets forth the rights, duties and obligations of each to the other as of its date. Any prior Licenses, promises, negotiations or representations not expressly set forth in this License are of no force or effect. 19 IN WITNESS WHEREOF, the parties hereto have executed this License of the day and year first above written. CITY OF T IIAMI, A FLORIDA MUNICIPAL CORPORATION ATTEST: - BY TO )D 13. HANNON CITY CLERK APPROVEDS- 6 EGAL FORM AND COI�RECTNS: f i VICTOR[A ` )L.Z CITY RNEY UC6- DANIEL J. CITY MAN APPROVED REIUIRE 20 . , O INS 1a.,'(10E _NTS: ANN-MA RISK M ES AGE RPE, DIRECTOR ENT WITNESSES: Print Name Bv. ignatur Print Name WITNESSES: 31144f- (106IAJU Print Name By: ‘7"-C:///' ignature 21 USER MIAMI BAY TRUST, LLC, a Florida Limited Liability Company. CORPORATE SEAL Joseph Milton, President International General Contractors Inc. 3211 Ponce De Leon Blvd Ste 341 Coral Gables, FL 33134 By: EXHIBIT "A" "AREA" LEGAL DESCRIPTION & SKETCH "Property": Folio Nunnber(s): 01-3219-011-0071 / 01-3219-000-0250 Street Address: 3805 NE 6 Avenue f.Yl1�f317' "1i" CONDITIONS OF USE FOR OCCUPANCY l . lJser agrees to use the Area for the storage of construction materials, equipment and staging ofa mobile crErnc. 2. User shall pay a monthly Ilse Fee ofFlur Thousand Two I hundred Piny Two 1)r,I1ars and Eight Cents ($4,252,08). 3. User shall be responsible tier the relocation of any existing trees within the Area to another location with the City Land. 4. User shall be responsible for returning the Arca hack. to the same or butter condition with fresh sod at the expiration of this License, 5. User shall remove all materials, fencing, equipment and soil additions placed and/or stored on the Property at the expiration of this License. t�. User shall fulfill all requirements set forth in Resolution # R-1 4-0421, adopted at the October 23, 2014 City Commission meeting, including, but not limited to: a. l'rc viding for park improvement to Magnolia Park in the minimum amount of Two Million, Five I kindred Thousand Dollars ($2,500,000) as part of fix: Public Benefit Program pursuant to Miami71 3.14.4(b)(I)(b) for eligible properties in the ,l 6 Transect Zone in the City of Miami. h, Being, granted and entering into an agreement, pursuant to a 4/5ths vote of the City Commission upon a determination that said agreement should be awarded on a sole -source basis, for Six Hundred Thousand 1)c}Mars ($600,000) to build a seawall at the Property, not including any hacklilling or aesthetic enhancements. 23 EXHIBIT "C" LIST OF EQUIPMENT/ MATERIALS TO BE STORED ON PROPERTY Construction Materials and Equipment Mobile Crane Other uses as maybe need for the temporary location during construction which shall be consistent with the Purpose of this License. 24 EXHIBIT "D" INSURANCE REQUIREMENTS 1. Commercial General Liability Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $ 1,000,000 General Aggregate Limit $ 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 l 1/85 or equivalent version Premises & Operations Liability Contingent and Contractual Liability Explosion, Collapse and Underground Hazard Primary insurance Clause Endorsement II. Business Automobile Liability Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto, Owned Autos, Scheduled Autos Including 1 tired, 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 25 $ 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 hodily 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 B. Endorsements Required City of Miami included as an additional insured VII. Installation Floater (If Applicable) 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 VII. Contractor's Pollution (if applicable) $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. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company gust be rated no Tess 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 26 certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. 27 CORPORATE RESOLUTION AND UPDATED CORPORATE STATUS OF USER CORPORATE RESOLUTION WIIEREAS, Miami Bay Trust, I,LC ("IJser"), a Limited Liability Company qualified to do business in Florida, desires to enter into an Access License (the "License") with the City of Miami solely for the limited purposes of performing the Scope of Work, as described in the License to which this Corporate Resolution is attached; and WI IEREAS, the Board of Directors of User at a duly held corporate meeting has considered the matter in accordance with the Articles and By -Laws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that as the authorized signatory of the User, is hereby authorized and instructed to enter into the License, in the name and on behalf of this corporation, with the City of Miami upon the terms and conditions contained in the proposed License to which this Corporate Resolution is attached, and to provide all necessary insurance, to undertake all necessary duties and obligations under the License. DATED this day of 20 . Corporate Secretary Chairperson of the Board of Di Print Name: \�s�' , Print Name: (Corporate Seal) 28 Ge rs City of Miami Master Report Enactment Number: R-15-0091 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-00162 Version: 1 File Type: Resolution Status: Passed Reference: Controlling Body: Office of the City Clerk File Name: FIND Grant- Pallot Park SeawallBaywalk/KayakLaunch Introduced: 2/3/2015 Requester: Office of Grants Cost: Final Action: 3/12/2015 Administration Title: ARESOLUTION OF THE MIAMI CITY COMMISSION, WITHATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $150,000.00 FOR THE CONSTRUCTION OF A SEAWALL, BAYWALK, AND KAYAK LAUNCH AT PALLOT PARK ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $150,000.00, AVAILABLE UNDER CAPITAL IMPROVEMENT AND TRANSPORTATION ("CITP") PROJECT B-40542, AWARD 1422; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS, AND EXTENSIONS, AND THE ACCEPTANCE OF GRANT FUNDS IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2015-2016. Sponsors: Notes: Indexes: Attachments: 15-00162 Summary Form.pdf,15-00162 Back -Up from Law Dept.pdf,15-00162 Legislation.pdf,15-00162 Exhibit.pdf, History of Legislative File Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result: Office of the City 2/27/2015 Attorney City Commission 3/12/2015 Office of the Mayor 3/20/2015 Office of the City Clerk 3/20/2015 Reviewed and Approved ADOPTED Signed by the Mayor Signed and Attested by City Clerk Office of the City Clerk Pass City of Miami Page 1 Printed on 11/5/2016 City of Miami Legislation Resolution: R-15-0091 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-00162 Final Action Date:3/12/2015 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $150,000.00 FOR THE CONSTRUCTION OF A SEAWALL, BAYWALK, AND KAYAK LAUNCH AT PALLOT PARK ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $150,000.00, AVAILABLE UNDER CAPITAL IMPROVEMENT AND TRANSPORTATION ("CITP") PROJECT B-40542, AWARD 1422; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS, AND EXTENSIONS, AND THE ACCEPTANCE OF GRANT FUNDS IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2015-2016. WHEREAS, the City of Miami ("City") wishes to build a seawall, baywalk, and kayak launch at Pallot Park; and WHEREAS, the total cost of the construction phase of the Project is estimated not to exceed $300,000.00; and WHEREAS, the City wishes to apply for grant funding from the Florida Inland Navigation District ("FIND") in the amount not to exceed $150,000.00, or fifty percent (50%) of the total Project cost; and WHEREAS, grant funding is potentially available from FIND for this City project pursuant to FIND Rule 66B-2 F.A.C.; and WHEREAS, the City is allocating the matching funds of $150,000.00, or fifty percent (50%) of the total Project cost, currently available under Capital Improvement and Transportation Program ("CITP") Project B-40542, Award 1422, and other available funding sources, and the City will appropriate funding by separate Resolution in the event of the award of the grant for Fiscal Year 2015-2016; and NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. City of Miami Page 1 of 2 File Id: 15-00162 (l'ersion: I) Printed On: 11/5/2016 File Number: 15-00162 Enactment Number: R-15-0091 Section 2. The City Manager is authorized {1} to submit an application for grant funding to FIND Waterways Assistance Program, in an amount not to exceed $150,000.00 for the Project, and to execute any and all necessary documents, in a form acceptable to the City Attorney, in connection with the submission of said grant application, the execution of grant or deed agreements, amendments, modifications, and extensions, and acceptance of grant funds in the event of award of the grant in order to implement this Resolution. Section 3. The City further certifies to FIND the following matters: (1) The City accepts the terms and conditions set forth in FWD Rule 66B-2 F.A.C., which outlines the Waterways Assistance Program, and which will be a part of the Project Agreement for any assistance under this proposal; (2) The City is in complete accord with the proposal, and agrees to carry out the Project in the manner described in the proposal and any plan and specifications attached thereto, unless prior approval for any change has been received from FIND; (3) The City has the ability and intention to finance its share of the cost of the Project, and that the Project will be operated and maintained at the expense of the City for public use; (4) The City will not unlawfully discriminate against any person on basis of race, color, or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of Title VI of the Civil rights Act of 1964, P.L. 88-352 (1964), and design and construct all facilities to comply fully with statutes relating to accessibility by handicapped persons, as well as other federal, state, and local laws, rules, and requirements; (5) The City agrees to maintain adequate financial records for the proposed Project to substantiate claims for reimbursements; and (6) The City will make available to FIND, if requested, a post -audit of expenses incurred on the Project prior to, or in conjunction with, a request for the final (10%) of the funding agreed to by FIND. Section 4. The allocation of required matching funds, in an amount not to exceed $150,000.00, is authorized from funds currently available under CITP Project B-40542; and Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File Id: 15-00162 (Version: 1) Printed On: 11/5/2016 ATTACHMENT E-6 RESOLUTION FOR ASSISTANCE 2015 UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM WHEREAS, THE City of Miami is interested in carrying out the (Name ofAgency) following described project for the enjoyment of the citizenry of Miami and the State of Florida: Project Title: Construction of seawall, bavwalk, and kayak launch at Paliot Park Total Estimated Cost: $300,000 Brief Description of Project: The City of Miami is seeking funding in the amount of S150,000 for the construction of seawall, baywalk, and kayak launch at Paliot Park AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the that the project described above be authorized, AND, be it further resolved that said City of Miami (Name of Agency) City of Miami (Name of Agency) make application to the Florida Inland Navigation District in the amount of 50 % of the actual cost of the project in behalf of said AND, be it further resolved by the that it certifies to the following: City of Miami (Name_of_Agefic)) City of Miami '(Nagle of `Agency) ... 1. That it will accept the terms and conditions set forth in FIND Rule 66B-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal, 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. 1) 3, That it has the ability and intention to finance its share of the cost of the project Forin No, 90-21 (Effective date 12-17-90, Rev. 10-14-92) and that the project will be operated and maintained at the expense of said City of Miami for public use. (Nanie of Agency) 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by persons with disabilities as well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post -audit of expenses incurred an the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the Miami City Commission -held-on this _12th- --day-of_ March_2015_.- -- at a legal meeting Attest Signature Title Title (2) Porn No. 90-21 (Effective date 12-17-90, Rev, 10-14-92) F.1.N.D. Florida Inland Navigation District - Waterways Assistance Programs Page 1 of 1 Home Florida Inland Navigation District Mission PROJECT NAME History A Special State Taxing District for the continued management °r maintenance of the Atlantic Intracoastal Waterway Administration Financials Miami -Dade County - Pubic Waterfront Boardwalks Publications Contact Us Waterways Assistance Programs PROJECT NUMBER PROJECT SPONSOR GRANT AMOUNT TOTAL COST Pallot Park Seawall, Baywalk & Kayak DA M] ]5 176 - Phase 11 aty of Miami $150,000,00 $300,000,00 There are currently no photos for this project. Please check back later. 4 Back to Waterway Assistance Programs for Miami -Dade County 1314 Plarcrrlgki Road Jupiter, Florida 33177-9198 Phone: 561.627.33386 Fax: 561.624.6480 .c 2016 The Honda ]nlaed Nav3clatiorl Drstrrct. All Rights Reserved. 1 Privacy Policy I Terms of Use Isate Map 13ttp://www.aicw.org/wapprojects.jhtml?method=view&wapprojects.id=1137 10/3/2016 Report Export Page 1 of 1 Project Name: 40-B30802 ti 0 kto Esri, HERE , DeLorme, INCREMENT P. NGA. USGS 40-B3O8O2 - Pallot Park Shoreline Improvements Design and permitting of shoreline stabilization and kayak launch at Pallot Park. Project will include coordination with environmental permitting agencies to permit , prepare and submit DERM (Class 1), FDEP (ERP), and USACE . Prepare responses to regul 3805 NE 6th Ave Project District 2 Project Type Parks Phase 3-Design Status Active This web application is a digital/electronic representation of the City of Miami's Capital Improvements Program (CIP). The Application also provides information and data layers such as Commission Districts, neighborhood boundaries, and environmental information that are to be used as reference only. Information displayed in this Application may not reflect the latest changes or modifications to existing CIP projects at the time it is viewed. Please contact the Capital Improvements and Transportation Department at 305-4 i 6-1280 if you have any questions regarding this Application of specific projects. http : //maps.miamigov. comlcip/Report. html?3 81932 10/3/2016 Report Export Page 1 of 1 Project Name: 40-B40542 Esri, HERE, DeLorme, INCREMENT P. NGA, USGS 40-B40542 - Pallot Park Seawall Extend and complete seawall Pallot Park - 3805 NE 6th Avenue Project District 2 Project Type Parks Phase 5-Constructio Status Active This web application is a digital/electronic representation of the City of Miami's Capital Improvements Program (CIP). The Application also provides information and data layers such as Commission Districts, neighborhood boundaries, and environmental information that are to be used as reference only. Information displayed in this Application may not reflect the latest changes or modifications to existing CIF projects at the time it is viewed. Please contact the Capital Improvements and Transportation Department at 305-416-1280 if you have any questions regarding this Application of specific projects. http: //maps.miamigov. comlcip/Report.html?3 818 81 10/3/2016 11 /5/2016 Miami, FL Code of Ordinances Sec. 18-85. - Competitive sealed bidding. (a) Conditions for use. Competitive sealed bidding shall be used for the award of all contracts for goods, equipment and services over $25,000.00, except as otherwise provided for in this article, where it is both practicable and advantageous for the city to specify all detailed plans, specifications, standards, terms and conditions so that adequate competition will result and award may be made to the lowest responsive and responsible bidder principally on the basis of price; provided, however, when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in section 18-73, is within 15 percent of the price submitted by the non -local bidder, then that non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local bidder and a non - local bidder, contract award shall be made to the local bidder. Notwithstanding the foregoing, the city manager may waive competitive sealed bidding methods by making a written finding which shall contain reasons supporting the conclusion that competitive sealed bidding is not practicable or is not advantageous to the city, which finding must be ratified and the award approved by an affirmative vote of four -fifths of the city commission or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation after a properly advertised public hearing. When competitive sealed bidding methods are waived, other procurement methods shall be followed except for the cone of silence provisions, which shall not be applicable. This section shall not apply to transfers to the United States or any department or agency thereof, to the state or to any political subdivision or agency thereof. (b) Invitation forbids. An invitation for bids shall be issued and shall include, but not be limited to: (1) Instructions and information to bidders concerning the bid submission requirements, including the time and date set for receipt of bids, the address of the office to which bids are to be delivered, the maximum time for bid acceptance by the city, the right of the city manager to reject all offers or bids, and any other special information; (2) The purchase description, qualification factors, delivery or performance schedule, and such inspection and acceptance requirements as may not be included in the purchase description; (3) The contract terms and conditions, including warranty and bonding or other security requirements, as applicable; (4) The date, time and place at which any prebid conference may be held and whether attendance at such conference is a condition for bidding; and (5) The place where any documents incorporated by reference may be obtained. (c) https:/lwww.municode.com/Iibrary/fl/miami/codestcode of ordinances?nodeld=PTIITHCO_CH18F1_ARTIIICIM IPROR_S18-85COSEBI 1/3 11/5/2016 Miami, FL Code of Ordinances Bidders lists. Bidders lists may be compiled to provide the city with the names of businesses which may be interested in competing for various types of city contracts. Unless otherwise provided, inclusion or exclusion of the name of a business does not indicate whether that business is responsible in respect to a particular procurement or otherwise capable of successfully performing a particular city contract. (d) Public notice. Notice inviting bids shall be published at least once in a newspaper of general circulation in the city a reasonable time prior to bid opening; but in any event at least 15 calendar days shall intervene between the last date of publication and the final date for submitting bids. Such notice shall state the general description of the goods or services to be purchased, the place where a copy of the invitation for bids may be obtained, and the time and place for opening of bids. In addition, the chief procurement officer may solicit bids from all responsible prospective suppliers listed on a current bidders list by sending such bidders copies of the notice to acquaint them with the proposed purchase. (e) Prebid conferences. Prebid conferences may be conducted to explain the requirements of the proposed procurement and shall be announced to all prospective bidders known to have received an invitation for bids. Conferences should be held long enough after the invitations for bids have been issued to allow prospective bidders to become familiar with the proposed procurement, but sufficiently before bid submission to allow consideration of the conference results in preparing their bids. Nothing stated at a prebid conference shall change the invitation for bids unless a change is made by written addendum, which shall be supplied to all those prospective bidders known to have received an invitation for bids. All prebid conferences shall be recorded, and, if a transcript is made, such transcript shall be a public record. (f) Bid opening. All bids shall be submitted sealed to the city clerk and shall be opened publicly by the city clerk or designee in the presence of one or more witnesses at the time and place stated in the public notice and in the invitation for bids. The amount of each bid and such other relevant information as may be deemed desirable, together with the name of each bidder, shall be recorded; the record and each bid shall be open to public inspection. (g) Bid acceptance and evaluation. Bids shall be evaluated based on the requirements set forth in the invitation for bids, which may include criteria to determine acceptability such as inspection, quality, workmanship, delivery and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award, such as discounts, transportation costs, and total or life cycle costs shall be measured objectively. No criteria may be used in bid evaluation which were not set forth in the invitation for bids. The results of the evaluation and tabulation of bid prices shall be transmitted by the chief procurement officer to the city manager. (h) Award. The procurement shall be awarded with reasonable promptness by written notice to the lowest responsive and responsible bidder, whose bid meets the requirements and criteria set forth in the invitation for bids except as otherwise provided in this section. For any procurement, including contracts, a bid to be awarded which exceeds $25,000.00 shall be awarded by the city manager only upon certification of the results of the evaluation and the bid tabulation by the chief procurement https://www,municode.com/library/fllmiamiicodes/code_of ordinances?nodeld=PTIITHCO_CH18FI_ARTIIICIM IPROR_S18-85COSEBI 2/3 11/5/2016 Miami, FL Code of Ordinances officer as being in compliance with competitive sealed bidding methods, except as otherwise provided in this article. Copies of the city manager's award shall be delivered to the chief procurement officer and all affected department directors. All bid awards in excess of $50,000.00 must be approved by the city commission upon recommendation by the city manager. The decision of the city commission shall be final. Threshold amounts referenced herein shall include the values associated with potential options of renewal. Awards made by the city manager or by the city commission shall include authority for all subsequent options of renewal, if any. The aforementioned options of renewal shall be exercisable at the option of the city manager if, after review of past performance under the contract, the city manager determines, in his/her sole discretion, that exercise of the option of renewal is in the best interest of the city. The city commission or the city manager shall have the authority to reject any or all bids or portions of bids, or to negotiate with the lowest bidder for better pricing. In the event only one bid is received, the city may award to the sole bidder, negotiate for better pricing or may re -bid, whichever is in the best interest of the city. The city manager shall submit to the city commission on a monthly basis a list of procurements or contracts awarded by the city manager. (Ord. No. 12271, § 2, 8-22-02; Ord. No. 13170, § 2, 5-13-10; Ord. No. 1327S, § 2, 7-14-11) https:llwww.municode.com/librarylfi/miami/codes/code_of ordinances?nodeld=PTIITHCO_CH18FI_ARTIIICIM IPROR S18-85COSEBI 3/3 11/5/2016 Statutes & Constitution :View Statutes : online Sunshine Select Year: 2016 • Go The 2016 Florida Statutes Title XVIII PUBLIC LANDS AND PROPERTY Chapter 255 PUBLIC PROPERTY AND PUBLICLY OWNED BUILDINGS View Entire Chapter 255.20 Local bids and contracts for public construction works; specification of state -produced lumber. (1) A county, municipality, special district as defined in chapter 189, or other political subdivision of the state seeking to construct or improve a public building, structure, or other public construction works must competitively award to an appropriately licensed contractor each project that is estimated in accordance with generally accepted cost -accounting principles to cost more than $300,000. For electrical work, the local government must competitively award to an appropriately licensed contractor each project that is estimated in accordance with generally accepted cost -accounting principles to cost more than $75,000. As used in this section, the term "competitively award" means to award contracts based on the submission of sealed bids, proposals submitted in response to a request for proposal, proposals submitted in response to a request for qualifications, or proposals submitted for competitive negotiation. This subsection expressly allows contracts for construction management services, design/build contracts, continuation contracts based on unit prices, and any other contract arrangement with a private sector contractor permitted by any applicable municipal or county ordinance, by district resolution, or by state law. For purposes of this section, cost includes the cost of all labor, except inmate tabor, and the cost of equipment and materials to be used in the construction of the project. Subject to the provisions of subsection (3), the county, municipality, special district, or other political subdivision may establish, by municipal or county ordinance or special district resolution, procedures for conducting the bidding process. (a) Notwithstanding any other law, a governmental entity seeking to construct or improve bridges, roads, streets, highways, or railroads, and services incidental thereto, at a cost in excess of $250,000 may require that persons interested in performing work under contract first be certified or qualified to perform such work. A contractor may be considered ineligible to bid if the contractor is behind by 10 percent or more on completing an approved progress schedule for the governmental entity at the time of advertising the work. A prequalified contractor considered eligible by the Department of Transportation to bid to perform the type of work described under the contract is presumed to be qualified to perform the work described. The governmental entity may provide an appeal process to overcome that presumption with de novo review based on the record below to the circuit court. (b) For contractors who are not prequalified by the Department of Transportation, the governmental entity shalt publish prequalification criteria and procedures prior to advertisement or notice of solicitation. Such publications must include notice of a public hearing for comment on such criteria and procedures prior to adoption. The procedures must provide for an appeal process within the authority for making objections to the prequalification process with de novo review based on the record below to the circuit court within 30 days. (c) The provisions of this subsection do not apply: 1. If the project is undertaken to replace, reconstruct, or repair an existing public building, structure, or other public construction works damaged or destroyed by a sudden unexpected turn of events such as an act of God, riot, fire, flood, accident, or other urgent circumstances, and such damage or destruction creates: a. An immediate danger to the public health or safety; b. Other loss to public or private property which requires emergency government action; or c. An interruption of an essential governmental service. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-02991025515ections/0255.20.html 114 11/5/2016 Statutes & Constitution Mew Statutes : Online Sunshine 2. If, after notice by publication in accordance with the applicable ordinance or resolution, the governmental entity does not receive any responsive bids or proposals. 3. To construction, remodeling, repair, or improvement to a public electric or gas utility system if such work on the public utility system is performed by personnel of the system. 4. To construction, remodeling, repair, or improvement by a utility commission whose major contracts are to construct and operate a public electric utility system. 5. If the project is undertaken as repair or maintenance of an existing public facility. For the purposes of this paragraph, the term "repair" means a corrective action to restore an existing public facility to a safe and functional condition and the term "maintenance" means a preventive or corrective action to maintain an existing public facility in an operational state or to preserve the facility from failure or decline. Repair or maintenance includes activities that are necessarily incidental to repairing or maintaining the facility. Repair or maintenance does not include the construction of any new building, structure, or other public construction works or any substantial addition, extension, or upgrade to an existing public facility. Such additions, extensions, or upgrades shalt be considered substantial if the estimated cost of the additions, extensions, or upgrades included as part of the repair or maintenance project exceeds the threshold amount in subsection (1) and exceeds 20 percent of the estimated total cost of the repair or maintenance project using generally accepted cost -accounting principles that fully account for all costs associated with performing and completing the work, including employee compensation and benefits, equipment cost and maintenance, insurance costs, and materials. An addition, extension, or upgrade shall not be considered substantial if it is undertaken pursuant to the conditions specified in subparagraph 1. Repair and maintenance projects and any related additions, extensions, or upgrades may not be divided into multiple projects for the purpose of evading the requirements of this subparagraph. 6. If the project is undertaken exclusively as part of a public educational program. 7. If the funding source of the project will be diminished or lost because the time required to competitively award the project after the funds become available exceeds the time within which the funding source must be spent. 8. If the local government competitively awarded a project to a private sector contractor and the contractor abandoned the project before completion or the local government terminated the contract. 9. If the governing board of the local government complies with all of the requirements of this subparagraph, conducts a public meeting under s. 286.011 after public notice, and finds by majority vote of the governing board that it is in the public's best interest to perform the project using its own services, employees, and equipment. The public notice must be published at least 21 days before the date of the public meeting at which the governing board takes final action. The notice must identify the project, the components and scope of the work, and the estimated cost of the project using generally accepted cost -accounting principles that fully account for all costs associated with performing and completing the work, including employee compensation and benefits, equipment cost and maintenance, insurance costs, and materials. The notice must specify that the purpose for the public meeting is to consider whether it is in the public's best interest to perform the project using the local government's own services, employees, and equipment. Upon publication of the public notice and for 21 days thereafter, the local government shall make available for public inspection, during normal business hours and at a location specified in the public notice, a detailed itemization of each component of the estimated cost of the project and documentation explaining the methodology used to arrive at the estimated cost. At the public meeting, any qualified contractor or vendor who could have been awarded the project had the project been competitively bid shall be provided with a reasonable opportunity to present evidence to the governing board regarding the project and the accuracy of the local government's estimated cost of the project. In deciding whether it is in the public's best interest for the local government to perform a project using its own services, employees, and equipment, the governing board must consider the estimated cost of the project and the accuracy of the estimated cost in light of any other information that may be presented at the public meeting and whether the project requires an increase in the number of government employees or an increase in capital expenditures for public facilities, equipment, or other capital assets. The local government may further consider the impact on local economic development, the impact on small and http.//www.leg.state.Fl.us/Statutes/iiindex.cfm?App_mode=Display_Statute&Search_String=&URL=o20a0299/0255/Sections/0255.2o.html 2/4 11/5/2016 Statutes & Constitution :View Statutes : Online Sunshine minority business owners, the impact on state and local tax revenues, whether the private sector contractors provide health insurance and other benefits equivalent to those provided by the local government, and any other factor relevant to what is in the public's best interest. 10. If the governing board of the local government determines upon consideration of specific substantive criteria that it is in the best interest of the local government to award the project to an appropriately licensed private sector contractor pursuant to administrative procedures established by and expressly set forth in a charter, ordinance, or resolution of the local government adopted before July 1, 1994. The criteria and procedures must be set out in the charter, ordinance, or resolution and must be applied uniformly by the local government to avoid awarding a project in an arbitrary or capricious manner. This exception applies only if all of the following occur: a. The governing board of the local government, after public notice, conducts a public meeting under s. 286.011 and finds by a two-thirds vote of the governing board that it is in the public's best interest to award the project according to the criteria and procedures established by charter, ordinance, or resolution. The public notice must be published at least 14 days before the date of the public meeting at which the governing board takes final action. The notice must identify the project, the estimated cost of the project, and specify that the purpose for the public meeting is to consider whether it is in the public's best interest to award the project using the criteria and procedures permitted by the preexisting charter, ordinance, or resolution. b. The project is to be awarded by arty method other than a competitive selection process, and the governing board finds evidence that: (I) There is one appropriately licensed contractor who is uniquely qualified to undertake the project because that contractor is currently under contract to perform work that is affiliated with the project; or (II) The time to competitively award the project will jeopardize the funding for the project, materially increase the cost of the project, or create an undue hardship on the public health, safety, or welfare. c. The project is to be awarded by any method other than a competitive selection process, and the published notice clearly specifies the ordinance or resolution by which the private sector contractor will be selected and the criteria to be considered. d. The project is to be awarded by a method other than a competitive selection process, and the architect or engineer of record has provided a written recommendation that the project be awarded to the private sector contractor without competitive selection, and the consideration by, and the justification of, the government body are documented, in writing, in the project file and are presented to the governing board prior to the approval required in this paragraph. 11. To projects subject to chapter 336. (d) If the project: 1. Is to be awarded based on price, the contract must be awarded to the lowest qualified and responsive bidder in accordance with the applicable county or municipal ordinance or district resolution and in accordance with the applicable contract documents. The county, municipality, or special district may reserve the right to reject all bids and to rebid the project, or elect not to proceed with the project. This subsection is not intended to restrict the rights of any local government to reject the low bid of a nonqualified or nonresponsive bidder and to award the contract to any other qualified and responsive bidder in accordance with the standards and procedures of any applicable county or municipal ordinance or any resolution of a special district. 2. Uses a request for proposal or a request for qualifications, the request must be publicly advertised and the contract must be awarded in accordance with the applicable local ordinances. 3, Is subject to competitive negotiations, the contract must be awarded in accordance with s. 287.055. (e) if a construction project greater than $300,000, or $75,000 for electrical work, is started after October 1, 1999, is to be performed by a local government using its own employees in a county or municipality that issues registered contractor licenses, and the project would require a contractor licensed under chapter 489 if performed by a private sector contractor, the Local government must use a person appropriately registered or certified under chapter 489 to supervise the work. http://www.leg.stateAus/Statutes/index.cfm?App 3/4 11/5/2016 Statutes & Constitution :View Statutes : Online Sunshine (f) If a construction project greater than $300,000, or $75,000 for electrical work, is started after October 1, 1999, is to be performed by a local government using its own employees in a county that does not issue registered contractor licenses, and the project would require a contractor licensed under chapter 489 if performed by a private sector contractor, the local government must use a person appropriately registered or certified under chapter 489 or a person appropriately licensed under chapter 471 to supervise the work. (g) Projects performed by a local government using its own services and employees must be inspected in the same manner required for work performed by private sector contractors. (h) A construction project provided for in this subsection may not be divided into more than one project for the purpose of evading this subsection. (i) This subsection does not preempt the requirements of any small-business or disadvantaged -business enterprise program or any local -preference ordinance. (j) A county, municipality, special district as defined in s. 189.012, or any other political subdivision of the state that owns or operates a public -use airport as defined in s. 332.004 is exempt from this section when performing repairs or maintenance on the airport's buildings, structures, or public construction works using the local government's own services, employees, and equipment. (k) A local government that owns or operates a port identified in s. 403.021(9)(b) is exempt from this section when performing repairs or maintenance on the port's buildings, structures, or public construction works using the local government's own services, employees, and equipment. (l) A local government that owns or operates a public transit system as defined in s. 343.52, a public transportation system as defined in s. 343.62, or a mass transit system described in s. 349.04(1)(b) is exempt from this section when performing repairs or maintenance on the buildings, structures, or public construction works of the public transit system, public transportation system, or mass transit system using the local government's own services, employees, and equipment. (m) Any contractor may be considered ineligible to bid by the governmental entity if the contractor has been found guilty by a court of any violation of federal labor or employment tax laws regarding subjects such as safety, tax withholding, workers' compensation, reemployment assistance or unemployment tax, social security and Medicare tax, wage or hour, or prevailing rate laws within the past 5 years. (2) The threshold amount of $300,000 for construction or $75,000 for electrical work, as specified in subsection (1), must be adjusted by the percentage change in the Engineering News-Record's Building Cost Index from January 1, 2009, to January 1 of the year in which the project is scheduled to begin. (3)(a) All county officials, boards of county commissioners, school boards, city councils, city commissioners, and all other public officers of state boards or commissions that are charged with the letting of contracts for public work, for the construction of public bridges, buildings, and other structures must specify in the contract lumber, timber, and other forest products produced and manufactured in this state, if wood is a component of the public work, and if such products are available and their price, fitness, and quality are equal. (b) This subsection does not apply: 1. To plywood specified for monolithic concrete forms. 2. If the structural or service requirements for timber for a particular job cannot be supplied by native species. 3. If the construction is financed in whole or in part from federal funds with the requirement that there be no restrictions as to species or place of manufacture. 4. To transportation projects for which federal aid funds are available. (4) Any qualified contractor or vendor who could have been awarded the project had the project been competitively bid has standing to challenge a local government's actions to determine if the local government has complied with this section. The prevailing party in such action is entitled to recover its reasonable attorney's fees. History.—s. 1, ch. 61-495; s. 1, ch. 94-175; s. 4, ch. 95-310; s. 5, ch. 95-341; s. 1, ch. 99-181; s. 62, ch. 2002-20; s. 9, ch. 2003-286; s. 1, ch. 2009-210; s. 54, ch. 2012-30; s. 4, ch. 2013-193; s. 81, ch. 2014-22. Copyright 0 1995-2016 The Florida Legislature • Privacy Statement • Contact Us httpalwww, leg. statef .. us/Statutes/i ndex. cfm?App_m ode= D i spl ay_Statute&Sear ch_Str i ng= &U R L= 0200-0299/0255/Sections/0255.20. htm I 4/4 MIAMI 21 ARTICLE 3. GENERAL TO ZONES AS ADOPTED - MAY 2015 g. (b) Exception. Where more than 50% of the total gross area of the low -sloped roof is covered with vegetation associated with an extensive or intensive green roof as defined by the US EPA, the remainder of the roof shall have a reflectance value of a minimum of 0.30 and the rooftop deck exception in section 3.13.2.a.1 applies. (c) Exception. Ballasted roofs with a minimum of 15 Ibs/sq. ft. or ballast over the entire roof surface may have a reflectance value of a minimum of 0.30. For the purposes of this section, "ballast" shall mean river rock aggregate or larger, pavers or other means of weighing down a roofing membrane over a substrate to resist wind uplift. 2. Requirements for Steep Sloped Roofs Roofing materials used in roofs with slopes of a rise greater than two (2) units in a horizontal length (2:12 pitch) ("steep -sloped") shall meet the following requirements: (a) Steep sloped roofs shall have an initial Solar Reflectance of 0.15 or greater. 3. Requirements for Roofs with Multiple Slopes Roofs with multiple slopes shall be subject to those requirements applicable to the slope which covers the largest area of the building footprint. Non -roof Requirements 1. Provide any combination of the following strategies for fifty percent (50%) of the site Hard- scape: (a) Shade from solar panels or roofing materials with a Solar Reflectance of at least 0.30. (b) Shade from trees within five (5) years of occupancy. (c) Paving materials with a Solar Reflectance of at least 0.30. (d) Pervious Pavement System. OR 2. Place a minimum of fifty -percent (50%) of parking spaces under cover (defined as under- ground, under deck, under roof, or under building). Any roof used to shade or cover parking must have a Solar Reflectance of at least 0.30. 3.14 PUBLIC BENEFITS PROGRAM The intent of the Public Benefits Program established in this section is to allow bonus Building Height and FLR in T6 Zones and bonus Building Height in Di Zones in exchange for the developer's con- tribution to specified programs that provide benefits to the public. 3.14.1 The bonus Height and FLR shall be permitted if the proposed Development contributes toward the specified public benefits, above that which is otherwise required by this Code, in the amount and in 111.28 MIAMI 21 AS ADOPTED - MAY 2015 g. ARTICLE 3. GENERAL TO ZONES (b) Exception. Where mare than 50% of the total gross area of the low -sloped roof is covered with vegetation associated with an extensive or intensive green roof as defined by the US EPA, the remainder of the roof shall have a reflectance value of a minimum of 0.30 and the rooftop deck exception in section 3.13.2.a.1 applies. (c) Exception. Ballasted roofs with a minimum of 15 lbsfsq. ft, or ballast over the entire roof surface may have a reflectance value of a minimum of 0.30. For the purposes of this section, "ballast" shall mean river rock aggregate or larger, pavers or other means of weighing down a roofing membrane over a substrate to resist wind uplift. 2. Requirements for Steep Sloped Roofs Roofing materials used in roofs with slopes of a rise greater than two (2) units in a horizontal length (2:12 pitch) ("steep -sloped") shall meet the following requirements: (a) Steep sloped roofs shall have an initial Solar Reflectance of 0.15 or greater. 3. Requirements for Roofs with Multiple Slopes Roofs with multiple slopes shall be subject to those requirements applicable to the slope which covers the largest area of the building footprint. Non -roof Requirements 1. Provide any combination of the following strategies for fifty percent (50%) of the site Hard- scape: (a) Shade from solar panels or roofing materials with a Solar Reflectance of at least 0.30. (b) Shade from trees within five (5) years of occupancy. (c) Paving materials with a Solar Reflectance of at least 0.30. (d) Pervious Pavement System. OR 2. Place a minimum of fifty -percent (50%) of parking spaces under cover (defined as under- ground, under deck, under roof, or under building). Any roof used to shade or cover parking must have a Solar Reflectance of at least 0.30. 3.14 PUBLIC BENEFITS PROGRAM The intent of the Public Benefits Program established in this section is to allow bonus Building Height and FLR in T6 Zones and bonus Building Height in D1 Zones in exchange for the developer's con- tribution to specified programs that provide benefits to the public. 3.14.1 The bonus Height and FLR shall be permitted if the proposed Development contributes toward the specified public benefits, above that which is otherwise required by this Code, in the amount and in [[[.28 MIAMI 21 AS ADOPTED - MAY 2015 the manner as set forth herein. ARTICLE 3. GENERAL TO ZONES The bonus shall not be available to properties in a T6 Zone if the property abuts a T3 Zone or in a T6-8 Zone if the property abuts a CS Zone. 1. T6-8: eight Story maximum, bonus to twelve (12) Stories, FLR 5; bonus of twenty-five percent (25%) 2. T6-12: twelve (12) Story maximum, bonus to twenty (20) Stories, FLR 8, bonus of thirty per- cent (30%) 3. T6-24a: twenty-four (24) Story maximum, bonus to forty-eight (48) Stories, FLR 7, bonus of thirty percent (30%) 4. T6-24b: twenty-four (24) Story maximum, bonus to forty-eight (48) Stories, FLR 16, bonus of forty percent (40%) 5. T6-36a: thirty-six (36) Story maximum, bonus to sixty (60) Stories, FLR 12, bonus of forty percent (40%) 6. T6-36b: thirty-six (36) Story maximum, bonus up to sixty (60) Stories, FLR 22, bonus of forty percent (40%) 7. T6-48a: forty eight (48) Story maximum, bonus up to eighty (80) Stories, FLR 11, bonus of fifty percent (50%) 8. T6-48b: forty eight (48) Story maximum, bonus up to eighty (80) Stories, FLR 18, bonus of fifty percent (50%) 9. T6-60a: sixty (60) Story maximum, bonus up to unlimited Stories, FLR 11, bonus of fifty percent (50%) 10. T6-60b: sixty (60) Story maximum, bonus up to unlimited Stories, FLR 18, bonus of fifty percent (50%) 11. T6-80: eighty (80) Story maximum, bonus to unlimited Stories, FLR 24: bonus of fifty percent (50%). Transect Zone Heights are fully described in Article 5. In addition, certain other bonuses may be provided as follows: 11. An additional Story in a T5 zone that Abuts a D1 zone, for an equivalent square footage of Affordable/ Workforce Housing as described in Section 3.14.4. This shall not be applicable to properties Abutting T3 zones. 12. In T6 zones, additional Height and FLR for LEED certified Silver, Gold or Platinum Buildings as described in Section 3.14.4. 13. An additional Story in any zone for development of a Brownfield as described in Section 3.14.4. 14. In T6 zones additional Height and FLR for development that donates a Civic Space Type or Civil Support Use area to the City of Miami as described in Section 3.14.4. 3.14.2 Upon providing a binding commitment for the specified public benefits as provided in Section 3.14.3 below, the proposed development project shall be allowed to build within the restrictions of the spe- cific Transect Zone, up to the bonus Height and FLR as established in this Section. The only square 111.29 MIAMI 21 AS ADOPTED - MAY 2015 ARTICLE 3. GENERAL TO ZONES footage allowed above the maximum Height is that achieved through the bonus program. 3.14.3 The proposed bonus Height and FLR shall be permitted in exchange for contribution to the City for the following public benefits: affordable/workforce housing, Public Parks and Open Space, Green Buildings, Brownfields, and Civic Space or Civil Support space. The City shall establish a Miami 21 Public Benefits Trust Fund for the cash contributions for Affordable/ Workforce Housing, Public Parks and Open Space, and Green Building certification shortfall penalty made under this section. The City Commission, upon the manager's recommendation, shall annually decide the allocation of funds from the Trust Fund collected under this section. All cash contributions thus allocated by the Commission to support affordable/ workforce housing shall be deposited in the Affordable Housing Trust Fund for expenditures pursuant to the guidelines adopted by the City Commission. All cash contributions thus allocated by the Commission to support Parks and Open Space shall be deposited in the Parks and Open Space Trust Fund, set forth in Chapter 62 of the City Code, to be expended in accordance with the guidelines outlined therein. a. Definitions 1. Affordable/ Workforce Housing shall mean: housing available to families which meet the qualifications as established by the City Community Development Department. 2. Public Parks and Open Space shall mean: Open Space meeting the standards of Article 4, Table 7 of this Code. 3. Green Building shall mean a Building certified by the United States Green Building Council (USGBC) as Silver, Gold or Platinum rated. 4. Brownfield shall mean: a site within the City that is subject to a Brownfield Site Rehabilita- tion Agreement (BSRA) executed between the property owner and the City Department of Economic Development. 3.14.4 For the purposes of the public benefits program, the following criteria shall apply: a. Affordable/ Workforce Housing. The development project in a T6 zone may provide any of the following or combination thereof: 1. Affordable/workforce housing on site of the development. For each square foot of afford- able/workforce housing (including pertaining shared space such as parking and circulation) provided on site, the development shall be allowed two square feet of additional area up to the bonus Height and FLR as described in Section 3.14.1. 2. Affordable/Workforce housing off -site. For each square foot of affordable /workforce housing (including pertaining shared space such as parking and circulation) provided off site, in a location within the City approved by the City Manager, the development shall be allowed an equivalent square footage of additional area up to the bonus Height and FLR as described in Section 3.14.1. No additional allowance is given for the purchase of the site. 3. Trust Fund contributions. For a cash contribution to the Miami 21 Public Benefit Trust Fund, the development shall be allowed additional Floor Area up to the bonus Height and FLR de- scribed in Section 3.14.1. The cash contribution shall be determined based on a percentage 111.30 MIAMI 21 AS ADOPTED - MAY 2015 ARTICLE 3, GENERAL TO ZONES of the market value of the per square foot price being charged for units at projects within the market area where the proposed project seeking the bonus is located. The calculation assumes a land value per saleable or rentable square foot within market area to equate to between 10 (ten) to 15 (fifteen) percent of market area's weighted average sales price per square foot. The cash contributions shall be adjusted on an annual basis to reflect market conditions effective October 1st of every year. Public Parks, Open Space, or Park Improvements. The development project in a T6 zone may provide any of the following or combination thereof: 1. Public Park, or Open Space, provided through purchase and in an area of need identified by the City Parks and Open Space Master Plan and the City's Parks Department. In addition park improvements provided through donation for Public Parks with amenity levels that are Moderate or that Need Improvement as defined by the Parks Department Facilities' Asses- ment Report. For each square foot of dedicated public Park or Open Space provided, the development shall be allowed two times the development Floor Area of provided land up to the bonus Height and FLR as described in Section 3.14.1. The Open Space may be a Park, Green or Square, as more fully described in Article 4, Table 7 of this Code. ii. Park improvements shall be valuated and for said value the development project shall be allowed additional FloorArea up to the bonus Height and FLR described in Section 3.14.1 and shall for all applicable purposes be treated as a Trust Fund contribution pursuant to Section 3.14.4.b.(3). iii. Park improvements for Public Parks in areas below 50% median income threshold shall be allowed two times the valuation credit. iv Donations must meet all City requirements for design, equipment specifications, construc- tion, warranties, etc. Park improvements are subject to review and approval by the City Manager or designee in accordance with Miami 21. 2. Public Open Space provided on -site in a location and of a design to be approved by the Planning Director. For each square foot of dedicated public Park or Open Space provided, the development shall be allowed an equivalent amount of development Floor Area up to the bonus Height and FLR as described in Section 3.14.1. The project shall maintain the Frontage requirements of the Transect Zone. The Open Space may be a Courtyard, Plaza, or Thoroughfare or Pedestrian Passage through the site connecting two (2) Thoroughfares, such as a segment of the Baywalk or FEC Greenway. See Article 4, Table 7. 3. Trust Fund contribution. For a cash contribution to the Miami 21 Public Benefits Trust Fund, the development project shall be allowed additional Floor Area up to the bonus Height and FLR described in Section 3.14.1. The cash contribution shall be determined based an a percentage of the market value of the per square foot price being charged for units at proj- ects within the market area where the proposed project seeking the bonus is located. The calculation assumes a land value per saleable or rentable square foot within market area to equate to between 10 (ten) to 15 (fifteen) percent of market area's weighted average sales price per square foot. The cash contributions shall be adjusted on an annual basis to reflect 111.31 MIAMI 21 ARTICLE 3. GENERAL TO ZONES AS ADOPTED - MAY 2015 market conditions effective October 1st of every year. c. Historic Preservation. Bonus Floor Area to the maximum bonus Height and FLR as described in Section 3.14.1 shall be allowed for additional square footage qualified under the city Transfer of Development Rights program established in Chapter 23, City Code. d. Green Building. In a T6 zone, additional Height and FLR shall be allowed for Buildings certified by the U.S. Green Building Council as follows: 1. Silver: For Buildings under 50,000 sf, 2.0% of the floor lot ratio (FLR) 2. Gold: 4.0% of the Floor Lot Ratio (FLR) 3. Platinum: 13.0% of the Floor Lot Ratio (FLR) Note: Standards equivalent to the USGBC, as adopted by the City, may alternatively apply. If at the time the first Certificate of Occupancy is issued for the Building that received a public benefits bonus for a Green Building, the anticipated LEED certification has not been achieved, then the owner shall post a performance bond in a form acceptable to the City of Miami. The performance bond shall be determined based on the value of land per square foot of Building in the area of the City in which the proposed project is located, which may be adjusted from time to time based on market conditions. The methodology for determining the value of land per square foot of Building shall be maintained in the Planning Department. The City will draw down on the bond funds if LEED certification has not been achieved and accepted by the City within one year of the City issuance of the Certificate of Occupancy for the Building. Funds that become available to the City from the forfeiture of the performance bond shall be placed in the Miami 21 Public Benefits Trust Fund established by this Code. e. Brownfields. One additional Story of Height shall be permitted for redevelopment on a Brownfield Site as defined herein. f. Civic space and Civil Support space. For a development project in a T6 zone that donates a Civic space or Civil Support space on site to the City of Miami, an additional two square feet of area for each square foot of donated space, up to the bonus Height and FLR, shall be allowed. 3,14.5 No Building permit shall be issued for bonus Height and FLR until the Zoning Administrator has certi- fied compliance with the provisions of this section, upon referral and assurance of compliance from applicable departments. Certification shall be made only after a certified check has been deposited and cleared to the Miami 21 Public Benefits Trust Fund or, for non cash contributions, a binding com- mitment has been approved by the City Manager. The cash contribution shall be nonrefundable. 3.15 AFFORDABLE HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS The intent of the Affordable Housing special benefit program established in this section is to facilitate the development of high quality Affordable Housing in the City by providing development incentives, including, but not limited to, modifications of architectural/design standards and parking reductions. 3.15.1 As a pre -requisite to qualify as an Affordable Housing Development eligible for any of the special III .32 REVOCABLE LICENSE ISSUED BY THE CITY OF NIIANII TO MIAMI BAY TRUST, LLC FOR THE OCCUPANCY OF PROPERTY LOCATED AT 3805 N.E. 6Tzr AVENUE NIIAiMI, FLORIDA January 12, 2015 TABLE OF CONTENTS 1. Purpose. 5 2. Occupancy and Use Period. 5 3. Interest Conferred By This License. 5 4. Fees. 6 5. Late Fee. 6 6. Condition of the Property. 7 7. Alterations, Additions or Replacements. 7 8. Violations, Liens and Security Interests. 8 9. City Access to Facility. 8 10. Indemnification and Hold Harmless. 9 11. Hazardous Materials. 10 12. Insurance. 11 13. No Liability. 13 14. Taxes and Fees. 13 15. Cancellation By Request of Either of the Parties Without Cause. 14 16. Termination By City Manager For Cause. 14 17. Notices. 14 18. Advertising. 15 19. Ownership of Improvements. 15 20. Surrender of Area. 16 21. Default by User. 16 22. Severability. 16 23. No Assignment or Transfer. 17 24. Nondiscrimination. 17 25. Affirmative Action. 17 26. Waiver of Jury Trial. 18 27. Non -waiver of Violation. 18 28. Amendments and Modifications. 18 29. Compliance with All Applicable Laws. 19 ii 30. Captions. 19 31. Interpretation. 19 32. Entire License. 19 EXHIBITS Exhibit "A": The Area - Legal Description & Sketch 22 Exhibit "B": Conditions of Use for Occupancy 23 Exhibit "C": List of Equipment/Materials to be stored on Area 24 Exhibit "D": Insurance Requirements 25 iii REVOCABLE LICENSE This. Revocable License ("License") is made this day of 2014 by and between the CITY OF MIAMI, FLORIDA, a municipal corporation of the State of Florida ("City") and Miami Bay Trust, LLC, a Florida Limited Liability Company ("User") whose principal address is 3211 Ponce De Leon Blvd., Ste 301, Coral Gables, FL, 33134. RECITALS WHEREAS, the City is the owner of the property located at 3805 NE 6 Avenue, Miami, Florida ("Property"); and WHEREAS, User is requesting permission to temporarily use approximately 13,000 square feet of land for the storage of construction materials and equipment, staging of a mobile crane and such other uses as may be needed; and WI EREAS, User anticipates the Project to take approximately twelve (12) months with a possible extension for an additional six (6) months until August 2016; and WHEREAS, this License is revocable -at -will by the City and without the consent of the User; and WHEREAS, this License does not transfer an interest in real property including any leasehold interest in real property owned by the City; and WIIEREAS, this License does not confer a right to use any real property for any general or unspecified purposes; and WHEREAS, this License does not convey or transfer any right to exclude the City from any real property; and WHEREAS, this License 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 Licenses subsequently contained, City and User agree as follows: 1. Purpose. 4 The City is the owner of real property located at 3805 NE 6 Avenue, Miami, Florida ("Property") (aka. Albert Pallot Park). The City has determined that approximately 13,000 square feet of park land within the Property ("Area"), as more particularly described in Exhibit "A" attached hereto and made a part hereof, is not needed at this time by the City. The User wishes to use the Area for the storage of construction materials, equipment and staging of a mobile crane upon the Area ("Permitted Uses"). The City is willing to assist the User by temporarily authorizing the User to occupy and use the Area for the Permitted Uses, under the conditions hereinafter set forth. 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 License is effective as of , 2014 ("Effective Date") and shall expire on the earlier of: (a) Thirty (30) months from the effective date; or (b) Cancellation or termination by the express written License of the parties hereto; or (b) Cancellation or termination by request of either of the parties hereto, subject to the notice provisions of Paragraph 16, "Cancellation By Request of Either of The Parties Without Cause"; or (c) Cancellation pursuant to Paragraph 17, "Termination by City Manager for Cause"; 3. Interest Conferred By This License. User agrees that this License has been issued by the City to authorize User 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 License do not constitute a lease and the rights of User hereunder are not those of a tenant but are a mere personal privilege to do certain acts ofa temporary character and to otherwise use the Area subject to the terms 5 of this License. No leasehold interest in the Area is conferred upon User under the provisions hereof and User does not and shall not claim at any time any leasehold estate or ownership interest in the Area by virtue of this License or its use of the Area hereunder. Additionally, User 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 User 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 License, commencing on the Effective Date, User agrees to pay a use fee ("Monthly Use Fee") to th,e City of Four Thousand Two Hundred Fifty - Two Dollars and Eight Cents. ($4,252,08), plus State Use Tax, if applicable for each month or any portion thereof that User 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, Payments shall be made payable to the "City of Miami" and shall be mailed to Finance Department, Attn: Treasury/Receipts 444 S.W. 2" d Avenue, 6th Floor, Miami, Florida 33130 or such other address as may be designated from time to time. 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, User 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 User 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 User'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 6. Condition of the Area and Maintenance. User 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. User, 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. User shall be responsible for all repairs to the Area required or caused by User's use of any part thereof. User agrees to make all changes necessary to the Area at User's sole cost and expense in order to comply with all City, County, State and Federal requirements for User's use or occupancy thereof. Additionally, User 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, User agrees to only store the materials and equipment identified in Exhibit "C" attached hereto and made a part hereof under terms and conditions consistent with this License. 7. Alterations, Additions or Replacements. Except in the event of an emergency and in the case of the conditions and requirements specified in Exhibit "B" User shall not make any repair or alteration required or permitted to be performed by User 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. User acknowledges that any approval given by the City Manager pursuant to this Section shall not constitute an opinion or License 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, User may reasonably proceed to perform such repair work and shall immediately notify City of such work. 7 8. Violations, Liens and Security Interests. User, 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 connected with, User's improvements, use, occupancy, or operations in the Area which shall be issued by any public authority having or asserting jurisdiction. User shall promptly pay its contractors, subcontractors, and material -men for all work and labor done at User's request. Should any lien, claim, or encumbrance be asserted or filed, User shall bond against or discharge the same regardless of validity, within ten (10) calendar days of User's receipt of notice of the filing of said lien, claim, or encumbrance. In the event User 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 User 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. User 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 User has contracted or otherwise is found liable, in respect to the Area. Nothing contained in this License shall be deemed, construed or interpreted to imply any consent or License 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 Licenses 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 License, 9. 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 User hereunder which User has failed to perform after written notice thereof to User (c) to assure User's compliance with the terms and provisions of this License 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 User 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 User 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 User of any responsibility, obligations or liability assumed under this License. 10. Indemnification and Hold Harmless. During the Tenn of this Agreement, the User and International General Contractors, Inc. (including any of User's or International General Contractors, Inc.'s employees, agents, contractors, representatives, licensees, or invitees) shall indemnify, hold harmless, and defend the City from and against any and all claims, suits, actions, damages, or causes of action of whatever nature for any personal injury, loss of life, damage, or destruction to the Property sustained in or on the Property by reason of, or as a result of, User's use or operations thereon. This includes indemnification from and against any orders, judgments, or decrees which may be entered thereon; from and against all costs and attorney's fees (including at the trial and appellate levels and any incurred in enforcing these indemnity obligations); from and against all expenses and liabilities incurred in and about the defense of any such claims; and the investigation thereof to the extent the negligence or alleged negligence is not caused by the City's active negligence. This includes the costs of defense of the City, including its attorney's fees, if the City must defend any action, claim, or proceeding that is determined do fall within this indemnification provision. This indemnification provision shall only survive the expiration or termination of this Agreement for the applicable statute of limitation period which may arise from any incident which may occur during the Term of this Agreement. 9 11. Hazardous Materials The User 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 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 "I-Iazardous Substances", "Hazardous Wastes", "Hazardous Materials" or "Toxic Substances, under any such laws, ordinances or regulations (collectively "Hazardous Materials"). The User 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 User'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 License, the User shall, at its sole cost and expense, cause all Hazardous Materials, including their storage devices, placed in or about the Area by the User or at the User'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 User from operating in the Area for the uses described in the Section of this License entitled "Purpose". The User 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 License shall survive the expiration or termination of this License. 10 12. Insurance. Prior to User, its agents, employees, representatives, contractors, sub -contractors, consultants or anyone else directly or indirectly employed by any of them entering upon the Area for the purpose of performing the Permitted Uses as defined herein, the User 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 governmental agencies arising out of or related to the activities undertaken by the User upon the Area 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 User shall be responsible for assuring that the insurance certificates required under this License remain in full force and effect for the duration of this License, including any extensions hereof. If insurance certificates are scheduled to expire during the term of this License and any extension hereof, User 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 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 License 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 License for cause and seek appropriate remedies in conjunction with the violation of the terms and conditions of this License. 11 Compliance with the foregoing insurance requirements shall not relieve User of its liabilities and obligations under this License. User shall require as well its construction contractors, subcontractors, and vendors for the Project that come onto the Area to furnish the User and the City, evidence of the following insurance coverage, unless this requirement is waived in writing by the City Manager: The User's failure to require third parties to procure insurance shall in no way release the User 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 License as provided in Section 22 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 User may take all necessary actions to cause such third party to pay such costs and the User shall be responsible for the restoration of any and all losses incurred by the third pasty, In no event shall the City be liable for damage caused to the Area 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 User, 13. 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 User, 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, Ieakage, obstruction or other defects of the pipes, sprinlders, 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, 12 User 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 etnployees, agents, or officials. User further acknowledges that as lawful consideration for being granted the right to utilize and occupy the Area, User, 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 User's use of the Area. 14. Taxes and Fees. User 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 User, including, but not limited to, ad valorem taxes, fire fees, and parking surcharges. In the event User appeals a tax or fee, User 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 to pay one hundred percent of the contested tax together with all interest, costs and expenses, including reasonable attorneys' fees, expected to be incurred. 15. Cancellation By Request of Either of the Parties Without Cause. Either party may cancel this License 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. 16. Termination By City Manager For Cause. 1.3 If, at the sole and complete discretion of the City, User in any manner violates the restrictions and conditions of this License, then, and in such event, after ten (10) calendar days written notice given to User by the City Manager within which to cease such violation or correct such deficiencies, and upon failure of User to do so after such written notice within said ten (10) clay period, this License shall be automatically canceled without the need for further action by the City. 17. Notices. All notices or other communications which may be given pursuant to this License shall be in writing and shall he deemed properly served if delivered by personal service or by certified snail addressed to City and User 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, whiehever is earlier: CITY OF MIAMI City of Miami Office of the City Manager 444 SW 2 Avenue, 10'1' Floor Miami, FI 33130 WITH A COPY TO City of lvliami Department of Public Facilities 444 SW 2nd Avenue, Suite 325 Miami, FL 33130 USER Miami Bay Trust, LLC 3211 Ponce DE Leon Blvd., Ste 301 Coral Gables, FL, 33134 Attn. Joseph Milton WITH A COPY TO Greenberg Traurig 333 Avenue of the Americas, 44t1i Floor Miami, FL 33131 Attn: Iris Escarra, Esq. 18. Advertising. User 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 inay be withheld for any or no reason, at his sole discretion. User 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. User must further obtain approval from all governmental authorities having jurisdiction, 14 OP- and must comply with all applicable requirements set forth in the City of Miami Code and Zoning Ordinance. Upon the cancellation of this License, User shall, at its sole cost and expense, remove any sign, decoration, advertising matter or other thing permitted 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 User at its sole cost and expense. Should User 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 User. User 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. User 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 License. 19. 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 User, shall, unless otherwise provided by written License, immediately upon their completion become the property of the City and shall remain and be surrendered with the Area. 20. Surrender of Area. In event of cancellation pursuant to Paragraph 16, "Cancellation By Request of Either of The Parties Without Cause," or Paragraph 17, "Termination By City Manager For Cause," at the expiration of the Notice Period, User 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, User shall promptly remove all its personal property, trade fixtures and equipment and User shall repair any damage to the Area caused thereby. Should User fail to repair any damage caused to the Area within ten (10) days after 15 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 User. User 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 User, at User's sole cost and expense, to restore the Area to a condition acceptable to the City. In the event User 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 User's sole cost and expense. 21. Default by User. In the event User is in default of the terms of this License the City shall have all remedies available to it at law or in equity. In the event that User fails to peacefully surrender the Area at the expiration of the Notice Period provided in Paragraph 16, "Cancellation By Request of Either of The Parties Without Cause," or as provided in Paragraph 17, "Termination By City Manager For Cause," after delivery of a notice of cancellation of the License by the City ("City Notice"). 22. Severability. Should any provisions, paragraphs, sentences, words or phrases contained in this License 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 terms and conditions of this License shall remain unmodified and in full force and effect. It is the express intent of the parties that this License constitutes a revocable license and not a lease. To further this intent, the parties agree as follows: (i) if any provision of this License, 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 16 License, 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 License shall not be affected thereby and shall continue to operate and remain in full force and effect. 23. No Assignment or Transfer. The License may not assign or transfer this License or any portion of any privilege of occupancy and/or use granted by this License. 24. Nondiscrimination. User shall not discriminate 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. 25. Affirmative Action. User 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, User shall submit a Statement of Assurance indicating that their operation is in compliance with all relevant Civil Rights laws and regulations. 26. 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 License, or arising out of, under or in connection with this License or any amendment or modification of this License, or any other License executed by and between the parties in connection with this License, or any course of conduct, 17 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 User entering into the subject transaction. 27. 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 terms or conditions of this License shall not constitute a waiver of any such terms or conditions at any future time and shaII not prevent the City from insisting on the strict keeping and performance of such terms or conditions at any later titre. No waiver of any right hereunder shall be effective unless in writing and signed by the City. 28. Amendments and Modifications. No amendments or modifications to this License 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 License, as needed, with terms and conditions more particularly set forth in the License, subject to City Attorney approval, 18 29. Compliance with All Applicable Laws. The User accepts this License and hereby acknowledges that User's strict compliance with all applicable federal, state and local laws, ordinances and regulations is a condition of this License, and the User shall comply therewith as the same presently exist and as they may be amended hereafter. This License 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 30. Captions. Title and paragraph headings are for convenient reference and are not a part of this License. 31. Interpretation. This License 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 this License 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. terms 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 License. 32. Entire License. This instrument and its attachments constitute the sole and only License of the parties hereto and correctly sets forth the rights, duties and obligations of each to the other as of its date. Any prior Licenses, promises, negotiations or representations not expressly set forth in this License are of no force or effect. c 19 TN WITNESS WHEREOF, the parties hereto have executed this License of the day and year first above written. AI TEST: TODD B. HANNON CITY CLERK 0 LEGAL FORM AND SS: VICTORIA fiE ,O'I~Z f;oj`_ CITY AT'IY I'F CITY OF MIAMJ, A FLORIDA MUNICIPAL CORPORATION BY: DA.NIEL J. ALFONSO CITY MANAGER APPROVED AS RE IRE 20 ANN- . • S ' •E, DIRECTOR RISK AGE NT WITNESSES: By: Signature Print Name By: //.6 WITNESSES: Print Name 21 USER MIAMI BAY TRUST, LLC, a Florida Limited Liability Company. CORPORATE SEAL Joseph Milton, President International General Contractors Inc. 3211 Ponce De Leon Blvd Ste 301 Coral Gables, FL 33134 EXHIBIT "A" "A" LEGAL DESCRIPTION & SKETCH "Property": Folio Number(s): 01-3219-011-0071 / 01-3219-000-0250 Street Address: 3805 NE 6 Avenue 22 EXHIBIT "B" CONDITIONS OF USE FOR OCCUPANCY 1. User agrees to use the Area for the storage of construction materials, equipment and staging of a mobile crane. 2, User shall pay a monthly Use Fee of Fur Thousand Two l lundred Fifty Two Dollars and Eight Cents ($4,252.08), 3. User shall be responsible for the relocation early existing trees within the Area to another location with the City Land. 4. User shall be responsible for returning the Area back to the same or better condition with fresh socl a the expiration of this License, 5. User shall remove all materials, fencing, equipment and soil additions placed and/or stored on the Property at the expiration of this License. 6. User shall fulfill ail requirements set forth in Resolution / R-14-042], adopted at the October 23, 2014 City Commission meeting, including, but not limited to: a. Providing for park improvements to Magnolia Park in the minimum amount of Two Million, Five Hundred Thousand Dollars ($2,500,000) as port of the Public Benefit Program pursuant to Miami2l § 3.14.4(h)(l)(b) for eligible properties in the T6 Transect Zone in the City of Miami. b. Being granted and entering into an agreement, pursuant to a 4/5ths vote of the City Connissiott upon a determination that said agreement should be awarded on a sole -source basis, for Six Hundred "Thousand Dollars ($600,000) to build a seawall at the Property, not ineluding any backflling or aesthetic enhancements. 23 EXHIBIT "C" LIST OF EQUIPMENT/ MATERIALS TO BE STORED ON PROPERTY Construction Materials and Equipment Mobile Crane Other uses as maybe need for the temporary location during construction which shall be consistent with the Purpose of this License. 24 EXHIBIT "D" INSURANCE REQUIREMENTS I. Commercial General Liability Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $ 1,000,000 General Aggregate Limit $ 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 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 25 $ 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. UmbreIIa Policy (Excess Follow Form) A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $ 3,000,000 Aggregate $ 3,000,000 B. Endorsements Required City of Miami included as an additional insured WI. Installation Floater (If Applicable) Causes of Loss: All Risk -Specific Coverage Project Location Valuation: Replacement Cost Deductible: $5,000 All other Perils 5% maximum on Wind A. LimitlValue at Location or Site $ '113A B. Coverage Extensions: As provided by carrier VII. Contractor's Pollution (if applicable) $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. 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 26 certificates of insurance are subject: to review and verification by Risk Management prior to insurance approval, 27 CORPORATE RESOLUTION AND UPDATED CORPORATE STATUS OF USER CORPORATE RESOLUTION WHEREAS, Miami Bay Trust, LLC ("User"), a Limited Liability Company qualified to do business in Florida, desires to enter into an Access License (the "License") with the City of Miami solely for the limited purposes of performing the Scope of Work, as described in the License to which this Corporate Resolution is attached; and WHEREAS, the Board of Directors of User at a duly held corporate meeting has considered the matter in accordance with the Articles and By -Laws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that as the authorized signatory of the User, is hereby authorized and instructed to enter into the License, in the name and on behalf of this corporation, with the City of Miami upon the terms and conditions contained in the proposed License to which this Corporate Resolution is attached, and to provide all necessary insurance, to undertake all necessary duties and obligations under the License. DATED this day of Chairperson the -Board of Pkfctors Print Name: / k' Corporate Secretary Print Narne: (Corporate Seal) 28 Client#: 121376 INTERGEN ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM(PDIYYYY) 01/26/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER{S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), PRODUCER USl Insurance Services, LLCICL P.O. Box 141916 Coral Gables, FL 33114-1916 305 669-6000 CONTACT NAME: WT o, Ext): 305 669.6000 IAIc, No): E.MAIL ADDRESS; INSURERIS) AFFORDING COVERAGE NAIL # INSURER A: Mt. Hawley insurance Company 37974 INSURED International General Contractors Inc 3211 Ponce De Leon Blvd Ste 301 Coral Gables, FL 33134-7274 INSURER B: Progressive American Insurance 24252 INSURER C: Chartis Casualty Group 40258 INSURER D : INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRT TYPE OF INSURANCE ADDL NSR SUER WVD POLICY NUMBER POLICY EFF IMMlDD/YYYY) POLJCY EXP (MMdDO/TYYYZ LIMITS A GENERAL X X LIABILITY COMMERCIAL GENERAL JCLAIMS -MADE BI/PO Ded:2,500 LIABILITY X OCCUR MGL0179011 31/20/2015 01/20/2016 H OCCURRENCE EACCMt$ES $1,000,000 (Ee PREMoceurrDence) $ 50,000 MED EXP {Any one person) $1,0Q0 PERSONAL &ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE 1 POLICY [ ^ LIMIT APPLIES 2817 I PER: LOC PRODUCTS - COMP/OP AGO $1,000,000 $ B AUTOMOBILE X LIABILITYCOMBINED x X SCHEDULED NON -OWNED AUTOS 088541749 04/26/2014 04/26/2015 SINGLE LIMIT (Ee acddenl) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Par accident) $ $ A X UMBRELLA LIAB EXCESS LIAR X OCCUR CLAIMS -MADE N fA MXL0371447 D1/20/2015 01/20/2016 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 DED I RETENTIONS $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X ECUTIVE ANYIPROdlM PROPRIETOR/PARTNER/EXECUTIVE (Mandatory In NH) if yes, desalt:0 under DESCRIPTION OF OPERATIONS below Y1 N rt C WC0999616 b112112015 01/21/2016 X WORY LIMITS OTH- ER E,L EACH ACCIDENT $1,000,000 E.L. DISEASE- EA EMPLOYEE $1,000,000 EL DISEASE- POLICY LIMIT $1,000,000 r'n Po 7 L7 DESCRIPTION OF OPERATIONS) LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, IT more space a required) [ r.�O C,e . i,�l City of Miami and Miami Bay Trust LLC are listed as Additional Insured with respects to General Liability, �:. i i` Auto Liability and Excess Liability. Coverage is primary and non contributory. Location:3805 NE 6th Aventf T., .., Miami, FL - 13,000 SqFt of Fenced land used for storage of Construction materials, Equipment & Staging ot..`I, ;' ) Mobile Equipment.'' --- A CERTIFICATE HOLDER City of Miami Office of the City Manager 444 SW 2nd Avenue, loth Floor Miami, FL 33130 CANCELLATION 4,J N) At � SHOULD ANY OF THE ABOVE DESCRIBED POLICIE$'BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE O 19B8.2010 ACORD CORPORATION, All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S14231753/M11606154 AAGEV This page has been left blank intentionally: