HomeMy WebLinkAbout24122AGREEMENT INFORMATION
AGREEMENT NUMBER
24122
NAME/TYPE OF AGREEMENT
JUAN F. TARANCON & OMAIRA GRAJALES
DESCRIPTION
PROPERTY ACCESS AGREEMENT/771 NW 41 AVENUE,
MIAMI,FL 33126 / MATTER ID:20-4051/#22
EFFECTIVE DATE
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
10/14/2022
DATE RECEIVED FROM ISSUING
DEPT.
10/20/2022
NOTE
CITY OF MIAMI
DOCUMENT ROUTING FORM
ORIGINATING DEPARTMENT: Office of Capital Improvements
DEPT. CONTACT PERSON: Maya Holton
NAME OF OTHER CONTRACTUAL PARTY/ENTITY:
OCI #21110
PHONE: (305) 416-1284
IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS ?
TOTAL CONTRACT AMOUNT: FUNDING INVOLVED? ElYES ❑ NO
TYPE OF AGREEMENT:
El MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
El GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
❑ YES ❑ NO
El PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
❑•INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
OTHER: (PLEASE SPECIFY) PROPERTY ACCESS AGREEMENT
PURPOSE OF ITEM (BRIEF SUMMARY):
Execute Property Access Agreement 430 SW 31 Avenue Miami, FL 33126 related to the Coral Nook Circle Project 40-B 193601.
COMMISSION APPROVAL DATE: FILE ID: OCI #21110; ENACTMENT NO:
LEGAL MATTER ID: # 20-405L
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN:
ROUTING INFORMATION
Date
PLEASE PRINT AND SIGN
Digitally signed by
APPROVAL BY DEPARTMENTAL DIRECTOR Hector Badia
10:1Date: 11 04'0 '
10:16:11-04'00'
PRINT: Hector L. Badia
SIGNATURE:
SUBMITTED TO RISK MANAGEMENT
signed by
PRINT: yii 1 '-'-; Gomez, Frank
i .Gomez, Frank
Date:.
SIGNAT>f k . 15:0:322022.1 -04'o.os00'
SUBMITTED TO CITY ATTORNEY
10/7/22
PRINT: Victoria Mendez.
SIGNATURE for
APPROVAL BY ASSISTANT CITY MANAGER
to L 13 I T2
PRINT: Nzeribe Ihekwaba, Ph.D., P.E.
SIGNATURE:
RECEIVED BY CITY MANAGER
IO(I'I IV1)
PRINT: Arthur Noreiga
SIGNATURE:
1)
2)
3) .
N/A
a` a ��,1�L mo �r4 i- N7aam,
WE iPL7'in a tiwA, - o liia74 of
,1' ,ta C.IIEM) TAD QommG.l
E ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION
BY THE CITY MANAGER
Alvarez, Alicia
Front
Sent:
To:
Cc:
Subject
Attachments:
Gdod afternoon all copied herein:
Alvarez,. Alicia •
Wedne.sday, Septerriber -14, 2622 1:41 PM
Escobar, Oda; Ramo, Raquel . .
Pocasangre, Sandra -Patricia; Holton, Maya.
Manager Ffe I\lurnber ReqUest for Property Access Agreement Project' 3-193.•601
MX-M4641&20220907_163344pdf
Kindly provide Manager Me Ka. for new Document Routing Form, Ref: Property ArrPcsAgree.nmat (Attached),
Thank you.,
„Rea ,
Office of Capital improvement5
Office: 305 416-1280
Direct Line: 305 4164663
Folio No.: 01-4104-000-0300
PROPERTY ACCESS AGREEMENT
This Access Agreement ("Agreement") . is hereby entered this day of
, 2022, by and between Juan F. Tarancon, whose address is 430 SW' 31
Avenue Miami, FL 33135, and Omaira Graiiales formerly known as Omaira Tarancon, whose
address is 771 NW 41 Avenue, Miami, FL 33126 (collectively, "Property Owner") and the City of
Miami, a municipal corporation of the State of Florida, with offices at 444 SW 2 Avenue. (Attn.:
OCI Dept., 8th FI.), Miami, FL 33130 ("City").
WITNESSETH:
WHEREAS, the Property Owner is the fee simple owner of certain real property located
at 430 SW 31 Avenue, Miami, Florida, (Folio # 01-4104-000-0300) as more particularly identified
in Exhibit A attached hereto and, by reference, made a part hereof ("Property"); and
WHEREAS, the 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 ("Work"); and
WHEREAS, the Work shall occur within the Access Area, which shall include twenty-five
(25) feet in all directions from the "Center of Tree" as depicted in Exhibit A ("Access Area"); and
WHEREAS, the 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, the Property Owner and the City hereby agree
as follows:
1. The Property Owner hereby grants the 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 fourteen (14) calendar days after the date
indicated in the City's Notice to Proceed issued to a contractor and directing him/her 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.
Page 1 of 5
4. The Property Owner retains the right to use the Access Area in any manner not
inconsistent with the rights herein granted to the 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. The City agrees that 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 as 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:
Arthur Noriega, City Manager
3500 Pan American Drive
Miami, Florida 33133
with copies to:
Juvenal Santana, Public Works Director
City of Miami
'M'I SW 2 Avenue, 8th Floor
Miami, Florida 33130
Victoria Mendez, City Attorney
City of Miami
Mil SW 2 Avenue, 9th Floor
Miami, Florida 33130
For Property Owner:
Juan F. Tarancon
430 SW 31 Avenue
Miami, Florida 33135
Omaira Grajales formerly known as Omaira Tarancon
771 NW 41 Avenue
Miami, FL 33126
Page 2 of 5
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 of the
Property Owner. Any breach of this provision shall terminate this Agreement following
fourteen (14) day notice from the Property Owner to the City, as provided in Section 7,
when such breach is not substantially cured in such fourteen (14) 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, the 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 indirectly arising out of, resulting
from, or attributable to the acts, errors, negligence, or omissions of the 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.
Page 3 of 5
15. Public Records. The Property Owner understands that the public shall have access, at all
reasonable times, to all public records pertaining to the City or any of its agencies prepared
in connection with the project contemplated by this Agreement, subject to the provisions
of Chapter 119, Florida Statutes, and any specific exemptions therefrom.
IF THE PROPERTY OWNER HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT AS A PUBLIC CONTRACT, PLEASE CONTACT THE
CITY'S CUSTODIAN OF PUBLIC RECORDS AT TELEPHONE NUMBER 305-416-1800,
EMAIL: PUBLICRECORDS@MIAMIGOV.COM, AND MAILING ADDRESS: PUBLIC
RECORDS C/O OFFICE OF THE CITY ATTORNEY, 9TH FLOOR, MIAMI RIVERSIDE
CENTER, 4141 S.W. 2ND AVENUE, MIAMI, FLORIDA 33130.
This space intentionally left blank Next page is the signature page.
Page 4 of 5
IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the day and
year first above written.
PROPERTY OWNER: The person(s) signing this Agreement below represent they are authorized
to sign this agreement_pr the Property Owner
Signature: G; (1 Print Name: JtA
0
i� 14/ tt j / -c Print Name:
Signature:
pmQf a 6-yaja' (- -
STATE OF FLORIDA, COUNTY OF MIAMI-DADE
The foregoin instrument was acknowtedged before me this 30 day of
2022 by M'7C lf f -� Q
known to me or has produced �/ /A -
as identification and who did not take an oath
Notary Stamp:
e`% ALICIA C. ALVAREZ
MY COMMISSION to f1H22571
lea,,,/ EXPIRES: September IS, 2024
CITY:
By:
Arthur Noriega, City Manager
APPROVED AS TO LEGAL FORM AND
CORRECTNESS
By:
Victoria Mendez, City Attorney
(21-3094 / JTM)
S nature Of Note
P int Name:/4"2i/
Serial Number (if ny):
Commission Expires:.
, who is personally
Acknowledgment
Ea
2zy l
4 » r /Faoa'.
APPROVED AS TO INSURT5N Fly signed by
REQU1�#Zr Gomez, Frank
By:
Frank
Date: 2022.10.05
15:08:38 -04'00'
Ann -Marie Sharpe, Director
Risk Management
Page 5 of 5
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