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HomeMy WebLinkAboutBack-Up Documents09-LA.02-05/2000 This instrument prepared by, or under the direction of, Alicia Trujillo, Esq., District Six Chief Counsel State of Florida Department of Transportation Parcel No. : 900R(9/11/18)MN 1000 N.W. 111 `h Avenue, Miami, Florida 33172 Item/Segment No. : 429300-4 September 10, 2018 - MN Managing District : 6 LICENSE THIS AGREEMENT, Made the day of , 20 , by and between CITY OF MIAMI, A FLORIDA MUNICIPAL COPRORATION, through its DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT, herein called Licensor, and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, herein called Licensee. In consideration of the benefits accruing unto the Licensor, the parties agree as follows: Licensor hereby grants to Licensee a License to occupy and use, subject to all of the terms and conditions hereof, the following described premises solely for the purposes set forth herein: Parcel 900 Fin No. 429300-4 The west 4 feet of Lots 10 and 11, Block 75N and Lot 10 and 11 Block 88N of the "MAP OF MIAMI DADE CO. FLA", according to the plat thereof, recorded in Plat Book B, Page 41 of the Public Records of Miami -Dade County, Florida, and The west 4 feet of that portion of Northwest fourth (4`h) Street (formerly known as a 81h Street) Right of Way lying between the West Right of Way line of Northwest Second (2"d) Avenue (formerly known as Avenue G) and the East Right of Way line of Northwest Third (3`d) Avenue (formerly known as Avenue H) all as shown on the plat of the "MAP OF MIAMI DADE CO. FLA.", according to the plat thereof, recorded in Plat Book B, Page 41 of the Public Records of Miami -Dade County, Florida, of the property located at: 405 NW 3rd AVE, Miami, FL 33130. Folio Number: 01-0107-050-1090 The premises may be occupied and used by Licensee solely for back of sidewalk harmonization along NW 3rd Avenue from north of NW 3rd Street to south of NW 5th Street of the Licensor's property with the highway improvements which are to be constructed together with incidental purposes related thereto during the period beginning with the date first above written and continuing until completion of the transportation project, but not later than the last day of January 2021. To the extent permitted by Florida law and without waiving its rights of sovereign immunity, Licensee shall indemnify and hold harmless the Licensor, and its respective officers, employees, agents, and instrumentalities from any and all liabilities, losses or damages, which the Licensor, or its respective officers, employees, agents, or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the negligent or intentional acts or omissions of the Licensee, or its respective officers, employees, agents, or instrumentalities arising out of, relating to or resulting from the performance of the Agreement, or Licensee's use of the Property as described herein. The Licensee, as applicable, shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name ofthe Licensor, as and where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. The making, execution and delivery of this agreement by Licensor has been induced by no representations, statements, warranties, or agreements other than those contained herein. This agreement embodies the entire understanding of the parties and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof. Page 1 of 2 IN WITNESS WHEREOF, the Licensor has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, the day and year first above written. ATTEST: Todd B. Hannon City Clerk APPROVED AS TO LEGAL FORM AND CORRECTNESS: M. CITY OF MIAMI — a Florida municipal corporation Emilio T. Gonzalez, Ph.D. City Manager APPROVED AS TO INSURANCE REQUIREMENTS: By: Victoria Mendez Ann -Marie Sharpe, Director City Attorney Risk Management Department ATTEST: a IN Page 2 of 2 Florida Department of Transportation (Licensee):