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HomeMy WebLinkAboutExhibitLICENSE FOR LAND USE 1010 NW 72" STREET •'4- IAMII, FLORIDA 1. CERTAIN BASIC LICENSE PROVISIONS AND GRANT OF LICENSE. (a) The 1i711ouwing are certain basic license provision, tvhictt, in part, comprise this license Agreement ("License") and may be referred to in subsequent provisions of this License. 1.1 Owner: 1010 NW I.LC t 2 User: City ofi4liatni. a municipal eorporation of State of Florida. 1.3 User's L)B;\ N;A. 1 4 :Area: 1.5 1"sc: 1.6 Term 1.7 Fees: l_S Exhibits: The parcel of land with a lialio mu her of 30-3111-035-4610, eonsisling of approximately 206,530 Sq. Ft. For the staging of debris that has been removed 'ed from the City of Nli:utti as a result of IIlmicane Irma and related equipment. • ylonth-Ica-nton.th. commencing on ft? '2 ("Cotnniencomeitt Date") S23,S00 00 per month plus sale~ or use taxes if applicable. Exhibit ;A.: Area (h) {i![ net" ,grantor to 1 per .1 license use and occupy the Area "as is'. a:N &sitiii ed on Exhibit .A allached and incorporated for the purpose identified In Section 1.5, 'according to the provisions and conditions slated ill'sections 1-24;including any attached 1 xhlhii:,1 tfx der'. !dares for \Idice<: 1010 NW L,L.0 -3 31) Nil' 3 i; h Ave Vliaini, FI. 331-4'7 Attention: David Avail David;[i Isaaeind.cona t'scr's tddress fir Nuriccs. City of Miami Attention_ City Manager 3500 Pan American Drive Miami_ FL 33133 with a copy to: City of Miami Attention: CityAttcinaey 444 .`ill 2°" Avenue. Suite `J45 Miami. FL 33131) and City of Miami Attention: Director of Real Estate and Asset Management 4444 SW 7"a Av°enue, 3i° Flour liami. FI. 33130 2. AREA, User accepts the Area "as -is". Owner has no obligation, and has made no promise, to alter, remodel, repair or improve any portion of the Area. 3. USE. Limited Use of the Area is a material condition of this I.,icense. Theretbre, the Area shall he used only for the )purpose identified at Section 1.5, allied and incidental purposes, and for no other purposes. Any other tise of the Area shall constitute a material breach of this License resulting in its immediate revocation. 4. TERM, The Term shall be as identified at Section LG. If the Commencement Date is other than the first day of the month, the first tnexnth shall he a fractional month and Lees shall be prorated accordingly; each subsequent month of the License shall begin on the first day of the month. if Owner rise any reason.cannut deliver the Area for Use on the C'onitneucernent Date, this License shall not be void or voidable, udr shall Owner be liable to User fur any lass of damage resulting born delav-ed delivery_ S. FEES AND COSTS. The Fees and Costs shall be as identified in Section 1.7 b. LICENSES rt ND PERMITS_ User shall obtain all necessary licenses and permits from eery and all appropriate municipal, state and federal governmental agencies relating to the use of the Area, including any such hccnscs and permits required for User's Property in connection with the Use identified in Section 1.5. Should any licenses or permits be permanently revoked. during the Term of this License. Owner may. at its option. revoke this License after provitlutg User winter' notice of its intent to do so, as well as thirty (.,t)) days to cure such revocation, as see forth in Section 1 15. provided, hetivever, that Owner shall not revoke this License (a) if User has made a timely appeal of a governmental agency's or court's decision to revoke or (b) in the absence of a final determination by the appropriate court or authority huvitle i ui sdiution. 7. OWNER'S SERVICES. N/A 8. ALTERATIONS, REPAIRS AND .IAI\TENANCE. User shall not make or permit any alterations, additions or improvements to the Area or ,ut', part. or attach any tidditional fixtures or equipment, without first obtaining? Owner's consent to writing_ 13y taking possession of the Area, Ttser accepts the Area as being in good condition, and User shall keep the Area and every hart in similar condition and repair. All repairs made by or on behalf of User shall be male and performed Insuch manner as Owner designates, by contractors or mechanics approved by Owner, and according all applicable laws and regulations of gotcrnmentat authorities havist jurisdiction. 9. LIENS. Any mechanic's or ether lien filed against all or any portion of the Ar a, fur work claimed to have been done or materials claimed to have been furbished to User shard be discharged by l.a2r ', irhm l5 days of filers. I1' User fails to discharge or appeal said liens within said tirne period, Owner will have the. rinlu to discharge said lien(s) and be reimbursed by User for amp expense it incurs in taking such action. 10. USER'S IN'SURANCE. User is self -insured in aceiordanee and subject to the limitations and provisions of Section 768.28 or the Florida Statute, Additionally. User shall furnish. Owner with evidence of insurance from any tutu ail contrle nn of the User that enter the property listing the Owner. as additional insured in the amounts listed in Exhibit Ti attached hereto. I1. LIMITATION OF LIABILITY. -[he following provision shall limit the parties' liabilities: (a) Except to the extent caused by Owner's negligence, gross Or otherwise, Owner shall not be hallo or in any wity responsible to User firr any loss, injury, or damage suffered by ("st r relatinO to (I) property of User from theft or damage, and (2) damage insured or required to he insured by U,ser- (ht User- shall not he liable to Owner for any direct loss, injury or damage insured by Owner, ro the extent of any recovery by Owner under such insurance. 12. COMPLIANCE WITH LEGAL REQUIREMENTS. User shall promptly comply to ad times and at its expense with all laws, statutes, ordinances surd govrernmental rules, regulations or .1quiretnerits now in force or which may be in force. 13. INDEMNIFICATION. (per expressly acknowledges and accepts its responsibility under applicable law (only to the extent allowed by f la- Stat_ § 708.228) for property loss, property damage, incident to injury to persons or property, arising out of, or resulting from the neg,ligenee of the User in connection with the use ut the Area._ This is a statement of User's responsibility, but is not to be construed or interpreted as hold harmless, duty to defend, covenant trait to sue, release, or indemnification by the ('ser to any third patty. The User reserves its sovereign immunity, and its privileges, defenses and claims rcl ttitt ts' ill sovereign immunity, 14. ENTRY BY OWNER. Owner and its designees may enter the Area at all hours, and at Owner's sole risk. to (at) inspect the same, (h) exhibit the same to prospective purchasers, lenders or users, (c) determine whether user is complying with all of its obligations, (cl) supply itny servwes, and (c) make repairs required. or Ic, make repairs, alterations or improvements to any other portion of the Area: provided, however. that all such work shall be done as promptly as reasonably" possible, 15. ABNORMAL LOADING. NA t6. ADVERTISING. Throughout the ferns, any aclv'ertiscntenl, message.. presentation, notice antl.`or display which User requires for Use must have f:)wtter's prior written approval. (:Owner reserves the right to revoke approval on the basis of content, style" color and scec or the sign, notice or display. 17. ASSIGN\TENT. User shall not assign this License, nor .hall User permit anv part of the Area to be used by others, unless Owner shall. in writing, consent. User intends for third parties, in privity of contract with User. to use the Area vvitliin the scope set forth in Section 1.5. Owner's execution of this license is its consent thereto. Such consent. once obtained, shall not be a waiver of this covenant ilr its future apptmation. 18. TER1i1\.-%T1O\. this License nay be terminated at anv time by either part, upon 15-days' v4rinen notice and without cause. 19. SURRENDER OF AREA Upon expiration, revocation. or early termination of this License, hoer shall restore the Arca Ld1 the condtnon existing prior to the Commencement Date. normal wear and tear excepted. 11 1.'sct fails to timely remove all of User's Property from the Area the s.une may be deemed abandoned: or, at Owner' °piton, may be renholed by Owner and stored for it reasonable time. at user's expense. 20. PARTIES` RELATIO`SEHIP. the relationship between the parties is that of "licensor -licensee" only. This License does not create any other relationship. including without limit:rtlon. -principal-agent,. "Owner t user, . " p&irt ersliip " air "pant venitare. 21. SECURITY DEPOSIT. Intentionally omitted. 22. LIMITATION OF LIABILITY. Intentionally" omitted. 23. RADON GAS. Radon is a naturally occurring radioactive gas that. wh.eu it has accumulated in a property in still-wit:Nit qualities, may present health risk to persons who are exposed to it over time. levels ..if radon that exceed federal and state guidelines have been li€ulid in properties in Florida. Additional intornntion regarding radon and radon testing. may he obtained from your county health department. 24. HAZARDOUS MATERIALS. Hie User shall, at its sole cost and expense, at all times and in all respects comply vvlth all federal_ slate and local laws, statutes, ordinances and regulations" rules, rulings; policies. orders, administrative actions and administrative orders ("Hazardous yl.itcrials La,a,s"). including, without limitation. any lla/ardous [Material Laws relating to industrial hygiene, environmental protection or the use, storage, disposal or transportation of ow, llaintiiablc explosive,, toxic substances or other hazardous. contaminated or polluting materials, substances or 'tastes, InetuJllig without limitation. any "Ill/ar'di.ins Substances". "Hazardous Wastes-, . -Hazardous Materials'" or ` basic tiuh,taricc'. under any such laws. ordinances or regulations (collectively "IIa/ardotts Materials"). The 1 scr shall, at its sole cost and expense, procure, maintain in effect" and comply with all coinditiioris of an': and all peruits. license, and other governmental and. regulatory approvals relating to the presence of Ida/arcto5us 'Materials within, o t, under or about the Arca required for the 1:ser's use, or storage of. ally Ha/ardor's `vlateriails 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 Agreement, the User shall, at its :sole cost and expense, cause all Elaz_ardous Materials, including their storage devices, placed in or about the Area by the User or at the User's direction. to he removed from the Areas and transported for use. storage or disposal in accordance and compliance withal] applicable Hazardous Materials laws The Owner acknowledges that it is not the intent of this Article to prohibit the User from operating in the Areas liir the uses described in the Section 1.5 of this license. The laser 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. T1he requirements of this Section of the Agreement shall survive the expiration or termination of this I.icense. Prior to and after perforating the uses atoneable pursuant to Section 1.5 nt this License the User shall perform environmental testing as describe in the scope of work attached hereto as Exhibit C. (xIGNAl'( RE.S APPEAR O1 THE I'OLLORT G PAGE) 4 AFFIR,IMINU fill: ABOV1-, the part es have executed this License as of this 1:1-ir' thn,.. or ,-1(2i!,tv" . 1DISSES : Printed Name, OwtsFR: 1010 MN' LLC, a Florida limited hubility cOMpally ATTEST: Todd B. [Lannon City Clerk APPROVED AS TO INSURANCE REQUIREMENTS: By: \ XI111- \?liffie Sharpefl ghreetor Risk tfanagement e ailment CITY OF 'MIA NIL a municipal emporation of the Stale a Florid, By- Cits Manager flaniel ithliim,t.;/,, APPROVED AS TO LEGAL FORM & CORRK TNESS: cItua M- mkt. ir), Anon:ley EXHIBIT A AREA See attached Property Search Application - Miami -Dade County Page 1 of 1 OFFICE OF THE PROPERTY APPRAISER Summary Report Property Information Folio: 30-3111-035-4610 1010 NW 72 ST Miami, FL 33150-3644 Property Address: Owner 1010 NW LLC Mailing Address 7330 NW 36 AVE MIAMI, FL 33147 USA PA Primary Zone 7100 INDUSTRIAL - LIGHT MFG Primary Land Use 2865 PARKING LOT/MOBILE HOME PARK : PARKING LOT O F NO Beds 18aths d Half Floors 0 Living Units 0 Actual Area 0 Sq.Ft Laving Area 0 Sq.Ft Adjusted Area 0Se.Ft Lot Size 2.06,530 Sq.Ft Year Built 0 Assessment Information Year 2017; 2016 2015 Land Value $1,858,nal $1,429,686 $1,191,405 Building Value ${1, $0 $0 XF Value 532 655 . '.790 $28,818 Market Value $1.891,425: $1,462.466 $1,220,223 Assessed Value S1,399,1561 $1,460 466 $1,080,229 Benefits Information Benefit Type 2017 2016 2015 Non -Homestead Assessment Cap Reduction $492,269 $139,994 Note: Not all benefits are applicable to all Taxable Values i.e. County, .School Board. City, Regional). Short Legal Description STEPHENS MANOR PB 14-18 ALL OF BLK 32 & PORT OF PROPOSED SPUR TRACK LYING WITHIN & BETWEEN BLKS 32 & 37 & W!RNViL OF NW 10 Generated On : 1014/2017 Taxable Value information 2017 County 20161 2015 Exemption Value $0' 50 SO Taxable Value $1.399,156i $1,462,466 $1,080,229 School Board Exemption Value $0 $0 $0 Taxable Value City $1.891,425 51,462,466 31.220,223 Exemption Value $0 $0 $0 Taxable Value 50 $0 a $0 Regional S0 Exemption Value SO $0 Taxable Value $1,399,1561 $1,462,466 $1,080,229 Sales Information Previous Saie 06123/2015 Price OR Book -Page Qualification Description $2,050.000 29670-1509 . Utility companies The Office of the Property Appraiser is continually editing and updating the lax roll. This website may not reflect the most current information an record. The Property Ap and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at httpl1wvw,miamidade.govfinfoddisclaimer.asp Version: Tosser http:flwww.miamidade.govpropertysearch/ 10-4/2017 EXHIBIT B Contractor Insurance Requirements The l'ser shall loutish to Owner, Certilicate(s) of Insurance which indicate that irtsurarkee coverage has been obtained by contractors working on the Area yyitich meets the requirements as outlines] helutv: Commercial General Liability (Primary & `on Contrlbutn I knits or 1 ihility I3,)di1•, Injury and Property ))outsee Liability Lich Occurrence S I ,t)O0,000 teensrai Ae regatc Limit S2,000,O00 Products Completed Operations SI 000,000 Personal and Advertising Injury S l.000_000 Endorsements Required 1010 NW I..LC included as an Alklrtitgnal Insured Contingent and Contractual Liability Primary Insurance Clause Premises and Operations Liability Business .!Automobile Liability A. Limits of Liability liodi]v Injury ,:i d Property Damage Lakin %. Combined ntbined single Limit Including Owned.. Lured_ Bummed or 'Son-t )'.s n tl Any One Accident S 1,000..000 E:ndr+rscrnents Required 1010 NW LLC included as can -Additional Insured Pollution Liability Endorsement ! 11` Applicable ttoS orker's Compensation Limas of Viability Statutory -State of Florida waiver of Subrogation A. Limits of I.iahility '3500,000 for bodily injury caused by an accident, each accident. $500,000 for bodily injury- cauticsl by disease. etch employee $500,00t1 for bodily injury caused by disease, policy limit Umbrella Liability' (Excess Folios+ Form) A Limits of Liability L:aeh t r L.:currencc )..foot S 1 00O.000 A"''rre.ate Linnet 31.000.O0(1 Pollution Liability (If .-Applicable) A. Limits oil iahilin Each Occurrence S 1.000.000 Aggregate Limit S1,O00,000 The above policies shalt provide Owner with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the Stale of Florida with the fallowing qualifications. shall issue all insurance policies required above: The company must be rated no Tess than "A-" as to management, and no less than "Class i'" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates ot'insurance are subject to review and verification by Owner prior to insurance approval. The insurance coverage required ;hall include those classifications, as listed in standard liability insurance manuals: which most nearly reflect Me operations of the contractor. All insurance policies required above shall he issued by companies authorized to do business under tilt laws of the Skate of Florida. with the l-olluwinf; qualifications: Certificate; will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder-. Compliance vt nh the toregoingrequiretaaents shall not relieve. the bidder of his liability and obligation under this section or tinder any other section of this r\areenunt. --if insurance certificates are scheduled to expire durinz the contractual period, the l "ser shall he responsible for snbmittine nevv or renewed insurance certificates to the. Owner at a minimum ot'ten CIO) calendar days in advance of'such expiration- 7 [AMBIT C Scope of Work for emergency project: Hurricane Irma Emergency Debris Staging Environmental Testing The User has set up multiple disaster debris management sites (DDMS) citywide for the temporary storage of debris created by the hurricane prior to final disposal. The Federal Emergency Management Agency (FEMA) requires that all DDMS be authorized by FDEP in order to be eligible for FEMA reimbursement. FDEP has established guidance for establishment, operation, and closure of DOMS which include environmental testing both to establish pre-existing conditions and as a condition for closure of the sites. The User's Department of Solid Waste is responsible for designating the locations of the DDMS. The scope of vcrk for this emergency project consists of collecting soil and groundwater samples for both pre-existing condition and closure and creating a report to be submitted to the applicable regulatory agencies. The project will also include the installation of at least one monitoring well per site. At the Owner's option. the User may sample from existing monitoring wells if they comply with FDEP's guidance for disaster debris management sites. Parameters sampled will include: BTEX, PAR, TR.PF1 by FLPRO_ and total RCR:-1 metals, in accordance with the FDEP guidance. All samples shall be collected. analyzed, handled. transported. and run in accordance with current FDEP SOPs. All samples are to be analyzed by a laboratory certified by NELAP for the respective parameters and media. Up to four (4) soil. samples and one (1.) ,groundwater sample are required to he collected for each round of sampling at each site. User is responsible for performing all utility locates and for all necessary coordination necessary. The User is responsible for complying with all applicable regulations, including health and safety regulations, in the prosecution of this work.