HomeMy WebLinkAbout24093AGREEMENT INFORMATION
AGREEMENT NUMBER
24093
NAME/TYPE OF AGREEMENT
ELIZABETH POSTIGO
DESCRIPTION
PROPERTY ACCESS AGREEMENT/2328 SW 22 TERRACE
FOR TREE REMOVAL OF EXISTING OAK TREE/MATTER ID:
21-2623/#31
EFFECTIVE DATE
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
9/16/2022
DATE RECEIVED FROM ISSUING
DEPT.
10/6/2022
NOTE
CITY OF:MIAMI Oct
DOCUMENT ROUTING: FORM - •
ORIGINATING DEPARTMENT: Office of Capital Improvements
DEPT. CONTACT PERSON: Alicia. C. Alvarez 305 416-1063
NAME OF OTHER CONTRACTUAL PARTY/ENT1TY:
Matter ID: 21-2623
File No: OCI 210130
IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ICES I NO
TOTAL CONTRACT INVOLVED AMOUNT: $ FUNDING INVOLVED $ El YES
TYPE OF AGREEMENT:
O MANAGEMENT AGREEMENT
El PROFESSIONAL SERVICES AGREEMENT
E]GRANT AGREEMENT.
D'EXPERT.CONSULTANT AGREENTENT
.PROPERTY ACCESS AGREEMENT
OTHER.: (PLEASE SPECIFY)
PURPOSE OF ITEM (BRIEF
SUMMARY)
D PUBLIC 'WORKS. AGREEMENT
El MAINTENANCE AGREEMENT-
O INTER4,0CAL AGREEMENTD LEASE AGREEMENT.
LJPURCHASEORSALEAGREIMENT
El- NO
Execute property access agreement 2328 SW 22 Terrace as part of the Goldstar
Family Memorial Mini Park capital project, /10-B193522
COMMISSION APPROVAL
DATE:
FIELD ID:
ENACTMENTNO.: R-
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL,
PLEASE EXPLAIN:
Badia, Hector
2022.03.08 12:34:48 -0500'
OUTING INFORMATION ', :: —
Date
PLEASE PRINT AND SIGN
APPROVAL BY DEPARTMENTAL DIRECTOR
PRINT: ANGELrARRASQUILLO
SIGNATURE: J4..(:),°5255"'
SUBMITTED To RISK MANAGEMENT
•
PRINT: ANN-MARIE SHARPE
Gomez, ;,`G)taezuTr7d bY
SIGNATURE: Frank °:',F ,?-22,V0',.°
SUBMITTED TO CITY ATTORNEY
9/1/22
PRINThVICTORIA MENDEZ
V-7t----- for .,..r;4;;„;--z-s
SIGNATURE: TMF MID 21-262:.
APPROVAL BY ASSISTANT CITY MANAGER
clt
IL1.12-2-7IQNATURE:
pRINIT: NZERIBE IHEKW A.
/1
RECEIVED BY CITY MANAGER
PRINT: ART NORTE / A
SIGNATURE:
• 1) ONE ORIGINAL TO CITY CLERK,
,2) ONE COPY TO CITY ATTORNEY'S OFFICE,
S) REMAINING ORIGINAL(S) TO ORIGINATING
DEPARTMENT
,
PRINT:.
SIGNATURE:
PRINT:
SIGNATURE• :
PRINT:
SIGNATURE:
PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BYTHE CITY MANAGER
FOLIO NO.: 01-4115-006-1220
PROPERTY ACCESS AGREEMENT
THIS ACCESS AGREEMENT ("AGREEMENT") is hereby entered this _ day of
, 20_, by and between MS. ELIZABETH POSTIGO whose address is 2328 SW 22
Terrace Miami, FL 33145 (hereinafter referred to as the "PROPERTY OWNER") and the CITY OF
MIAMI, a municipal corporation of the State of Florida, with offices at 444 SW 2"d Avenue, (Attn.: CIP
Dept., 8th FI.) Miami, FL 33130 (hereinafter referred to as the "CITY").
WITNESSETH:
WHEREAS, the PROPERTY OWNER is the fee simple owner of certain real property located at
2328 SW 22 Terrace, Miami, Florida 33145, (Folio # 01-4115-006-1220) as more particularly identified in
Exhibit "A" attached hereto and, by reference, made a part hereof (hereinafter referred to as the "Property");
and
WHEREAS, CITY desires to have temporary access and the right to enter the Property for the
purpose of causing a tree removal of an existing oak tree within the Property, grading, re -grading,
landscape, and other necessary work (hereinafter referred to as the "WORK") within the Access Area as
depicted in Exhibit A (hereinafter referred to as the "Access Area"); and
WHEREAS, PROPERTY OWNER has the full legal authority to execute this Agreement as the
owner of the Property and desires to grant the CITY the right to enter the Property for the aforementioned
purpose;
NOW, THEREFORE, for and in consideration of the terms, conditions and mutual covenants
contained herein and other good and valuable consideration received by each party, the sufficiency of which
are hereby acknowledged, PROPERTY OWNER and CITY hereby agree as follows:
1. PROPERTY OWNER hereby grants CITY, its agents, employees, and assigns the right and
privilege to enter the Property to perform the WORK, including the operation of equipment, on,
upon and across the Access Area with similar material; and attain ingress and egress to and upon
the Access Area for the purpose of exercising the rights, privileges and access granted herein. The
CITY does not guarantee, represent, or warrant that the Work will be done, and no such
commitment or representation is made by the execution of this Agreement.
2. The term of this Agreement shall commence on the date first indicated above and shall continue in
full force and effect thereafter for one hundred and twenty (120) calendar days after the date
indicated in the CITY's Notice to Proceed issued to a contractor and directing him to begin the
WORK, unless terminated earlier by either party upon thirty (30) days prior written notice in the
manner provided by Section 7. The CITY shall provide the PROPERTY OWNER with a copy of the
Notice to Proceed when it is issued to the contractor.
3. The CITY shall use its best efforts to provide the PROPERTY OWNER with five (5) days advance
notification of when the WORK will begin.
4. PROPERTY OWNER retains the right to use the Access Area in any manner not inconsistent with
the rights herein granted to CITY provided, however, that, during the term of this Agreement, the
PROPERTY OWNER shall not disturb the elements of the Work without prior written approval from
the CITY.
5. CITY agrees that any and all work performed within the Access Area and in association with the
purposes of this Agreement shall be done in a good, safe, workmanlike manner and in accordance
with applicable federal, state, and local statutes, rules, regulations and ordinances now in force.
6. Within thirty (30) calendar days after termination or expiration of this Agreement and at the CITY's
sole cost and expense, the CITY shall remove all equipment, accessories, and materials owned by
the CITY from the Access Area and restore said Access Areas nearly as practicable to its condition
prior to the commencement of the WORK.
7. Whenever either party desires to give notice to the other, such notice must be in writing, sent by
certified United States Mail, postage prepaid, return receipt requested, or by hand -delivery with a
request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is
intended at the place last specified. The place for giving notice shall remain the same as set forth
herein until changed in writing in the manner provided in this section. For the present, the parties
designate the following:
For City of Miami:
City Manager
3500 Pan American Drive
Miami, Florida 33133
with copies to:
Office of Capital Improvements Director
City of Miami
444 S.W. 2nd Avenue, - 8th Floor
Miami, Florida 33130
City Attorney
City of Miami
444 S.W. 2nd Avenue, - 9th Floors
Miami, Florida 33130
For PROPERTY OWNER:
Elizabeth Postigo,
Property Owner
2328 SW 22 Terrace,
Miami, Florida 33145
8. The CITY agrees that any and all work to be performed shall not unreasonably/substantially
interfere with the ingress or egress to the Property. Any breach of this provision shall terminate
this Agreement following fifteen (15) day notice from PROPERTY OWNER to the CITY, as provided
in Section 7, when such breach is not substantially cured in such thirty (30) day period. Nothing
herein shall be construed to be an admission of liability or fault by either party for any purposes.
9. To the fullest extent permitted by law, PROPERTY OWNER hereby releases, waives, discharges,
and covenants not to sue the City and agrees to indemnify, release, defend, and hold harmless the
CITY, and its affiliates, successors and assigns, and their officers, directors, employees, agents,
representatives, and invitees, from and against any and all losses, liabilities, damages, claims,
demands, actions, judgments, suits, fines, penalties, costs or expenses, including but not limited to
reasonable attorneys' fees, or injuries to any persons or property (collectively "Claims") directly or
2
of PROPERTY OWNER, its agents, assigns, representatives, or invitees. The obligations under
this Section shall survive any expiration or termination of this Agreement.
10. Nothing in this Agreement shall be construed to act as a waiver of sovereign immunity beyond the
limitations provided for in §768.28, Florida Statutes.
11. This Agreement contains the full and final understanding between the parties of its subject matter
and supersedes all prior, or contemporaneous oral or written communications and understandings
between the parties as to its subject matter This Agreement may only be amended in writing by
execution of an amendment signed by authorized persons employing the same formalities as used
in this Agreement.
12. 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 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.
13. Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be
determined by a court of competent jurisdiction to be invalid, illegal, unenforceable, 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.
14. This Agreement is to be governed by and construed under the laws of the State of Florida. Any
claims, actions, or proceedings arising between the PROPERTY OWNER and the CITY under this
Agreement shall be instituted and maintained in Miami -Dade County, Florida.
IN WITNESS WHEREOF, the undersigned parties have executed this Access Agreement on the day and
year first above written.
PROPERTY OWNER: The person(s) signing this Access Agreement below represent they are
authorized to sign this agreement for the Property Owner.
Signature:
Print Name: 12)
Signature: Print Name:
3
STATE OF FLORIDA, COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this
%1 b2�Gj d S 17,9
produced TZ ei -e-P %/cth
as identification and who did not take an oath.
Notary Stamp:
its
effi% ALICIA C. ALVAng,
0109, MY COMMISSION # 1,1112i511
EXPIRES: September i ,
2024
ZZ day of ,2)CC.4114, 2022by
, who is personally known to me or has
Si ' ature of •tary Pu
Taking Acknowledgment
Print Name: i/O e
•
Serial Number (if any): /hi/ o2 257
Commission Expires: Seen'/ ' l$7' "�002S"
4
CITY:
By:
Arthur Norieg
City Manager
nJ
APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE
CORRECTNESS
By: �J� for
Victoria Mendez,
City Attorney
TMF MID 21-2623
REQUIREMENTS:
Digitally signed
by Gomez, Frank
Date: 2022.03.10
By: 06:52:28 -05'00'
5
Gomez,
Frank
Ann -Marie Sharpe, Director
Risk Management
EXHIBIT
^
[INSERT OF AREA LABELED ACCESS AREA]
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Q 12328 SW 22 TER ELIZABETH P
Zoning LandUse. Floodl)
Districts HEP
PROPERTY INFORMATION:
Fotio: 01411500E1220
City Address: 2328 SW 22 TER
County Address: 2328 SW 22 TER
Owner:
Mailing Address:
Beds/Bath/Half:
Floors:
Living Units:
ELIZABETH POSTIGO
2328 SW 22 TER
MIAMI, FL 33145
2/1/0
Actual Area:
1,525 Sq Ft
Living Area:
1,460 Sq Ft
Adjusted Area:
Lot Size:
Year Built:
Legal
Desaiption:
1,355 Sq Ft
8,400
1941
SILVER BLUFF ESTS
SEC A PS 10-59 LOT 10
& W 25FT OF LOT 11
BLK 6 LOT SIZE 75.000
X 112 OR 25093-3312
10 2006 1
VIEW PLAT 10-59
Deed: 25093-3312
Subdivision:
SILVER BLUFF ESTS
SEC A
ASSESSMENT INFORMATION:
aM Va
999.9 Va.
992,280
2020
$331,912
92,327
2019
$331,912
92,371
Market Vet
90
a61,089
60
2423,93