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HomeMy WebLinkAboutExhibitTEMPORARY ACCESS, RELEASE OF ALL CLAIMS, COVENANT NOT TO SUE AND HOLD HARMLESS This Temporary Access, Release of all claims, Covenant Not to Sue, and Hold Harmless Agreement ("Agreement") is hereby entered into by 2871 Oak LLC, with a principal address of 2020 Ponce de Leon Boulevard, Ste. 1005A, Coral Gables, FL 33134 ("User"), and the City of Miami, with a principal address of 444 SW 2nd Avenue, Miami, Florida 33130 ("City"), (User and the City together referred to as the "Parties"). This Agreement hereby acknowledges a limited access by User of the City -owned property, known as City of Miami Fire Station No. 8, located at 2975 Oak Avenue, Miami, FL 33133 and identified as Folio #'s: 01-4121-016-0750, with such portions to be used for temporary access described in Exhibit A ("Access Area"). As lawful consideration for the permission granted by the City of Miami to enter upon the Access Area User has agreed to resurface, pave and stripe the parking apron and stalls, install parking stops, for Fire Station No. 8 for purposes of completing the installation of an FPL transformer on the subject property to facilitate the undergrounding of said utilities (the "Intended Use"), the User hereby releases, waives, discharges, saves and holds harmless, indemnifies, agrees to defend at its sole cost and expense, and covenants not to sue the City , its officials, employees, departments, instrumentalities, an d agents and representatives (hereinafter collectively referred to as the "CITY"), from all liability for any and all loss or damage, and any claims, suits, causes of action, actions, liabilities, or demands therefor on account of injury, wrongful death, to person or damage, loss, destruction or alteration of property or resulting in death, injury, loss, damage, destruction or alteration of persons and/or property or attributable or related to the access granted to User and its contractors, agents or representatives through the acts, errors, negligence, or omissions of User while the User is in, or upon the Access Area. This Agreement shall be legally binding upon the User its assigns, agents, vendees, and successors in interest. The User i s aware that it is releasing certain legal rights that it may otherwise have and is undertaking other specific legal obligations that it otherwise might not have, and it nevertheless enter into this Agreement on behalf of the Us er and others described above. These duties and commitments of the User will survive the period of access stated herein for events that take place during such access during the times that access is allowed hereunder. Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement 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 Agreement shall remain unmodified and in full force and effect. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. The User has read and voluntarily signs this A greement and acknowledges that valued consideration was independently and freely received by virtue of the limited access period granted commencing on the 27th day of May, 2024 and ending on the 30th day of December, 2024, and further agrees that no oral representations, statements or inducements apart from the foregoing written Agreement have been made. Insurance: The undersigned shall be required to maintain, at all times, insurance requirements in accordance to Exhibit "B," and as required by the Department of Risk Management of the City. [SIGNATURE PAGE TO FOLLOW] IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement, as of the day and year first above written. "City" CITY OF MIAMI, a municipal corporation of the State of Florida By: Arthur Noriega V, City Manager Date: ATTEST: Todd B. Hannon, City Clerk APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Victoria Mendez, City Attorney Ann -Marie Sharpe, Director Risk Management "User" 2871 Oak LLC, a Florida limited liability company By: Carlos Imery, Manager Date: Witness Print Name EXHIBIT A Access Area CONCRETE 1 STORY BUILDING FIRE STATION 8 .5' HIGH METAL FENCE ON WALL OAK AVENUE (45' PUBLIC RIGHT-OF-WAY) — WOOD OVERHEAD DECK UTILRY WIRES (POOR CONDmON) 5' HIGH WOOD FENCE ENCLOSED DUMPSTER CORRAL GRAPHIC SCALE 0 12,5 25 50 r ( IN FEET ) 1 inch = 25 ft. "TENNIS COURT" Up 0U _� 7.5'± HIGH a METAL GATE 0.8'WITH HIGH CHAIN LINK FENCE IN CENTER LINE 63.7 FENCE GATE— 1 Syy' MtItK YAKKIKIi 04.8' CURB WITH CHAIN UNK R UNE 2' v011 FY_ CAgrvR 2 VALL PLASTIC BOLLARD Notes: — This exhibit was prepared for Roberto Feoli to reflect the location of the proposed Access Area. No attempt was made by this firm to locate any underground locations. — The proposed Access Area shown hereon is within Miami —Dade County tax Folio: 01-4121-016-0750. — The locations of overhead utility lines are graphically shown to indicate the approximate connection points and do not reflect the actual location, number or type of wires. Underground improvements and/or underground encroachments not shown unless otherwise indicated. — The approximate location of all utilities shown hereon were determined from As —Built plans and/or on —site locations and should be verified before construction. Lands shown hereon were not abstracted for easements and/or rights —of —way of records. — Trees shown are surveyed for their horizontal location and/or size. SAN. MANHOLE-" 0:1 � I Drawn By DWF Cad. No. 151718 Ref Dwg. 1023-002-EX 1 Plotted: 5/13/24 11:24a PROPOSED ACCESS AREA EXHIBIT FORTIN, LEAVY, S KILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th Street / North Miami Beach, Florida 33162 Phone 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvey.com Date 5/13/24 Scale 1" = 25' Job. No. 240261 Dwg. No. 1023-002- EX2 Sheet of 1 EXHIBIT B INSURANCE REQUIREMENTS — (Place User's Entity Name Here) I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Personal and Adv. Injury $ 1,000,000 Products/Completed Operations $ 2,000,000 B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit I. Umbrella Liability Excess Follow Form Combined Single Limit Each Occurrence $1,000,000 General Aggregate Limit $1,000,000 V Pollution Liability Each Claim $1,000,000 Policy Aggregate $1,000,000 City of Miami is listed as an additional insured The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer 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 certificates of insurance are subject to review and verification by Risk Management prior to insurance approval.