96-22107 RESO
RESOLUTION NO. 96-22107
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA RATIFYING
THE HOLD HARMLESS AGREEMENT EXECUTED IN
CONJUNCTION WITH THE REQUIRED AFFIDAVIT TO
OBTAIN A CLASS I COASTAL CONSTRUCTION PERMIT
FROM METROPOLITAN DADE COUNTY FOR THE
REPLACEMENT OF THE LA GORCE ISLAND BRIDGE.
WHEREAS, the La Gorce Island Bridge is in the process of being replaced on an emergency
basis by the Florida Department of Transportation due to its structurally deficient condition; and
WHEREAS, the bridge replacement work requires a Class I Coastal Construction Permit
from Metropolitan Dade County and, as a prerequisite to obtaining said permit, an affidavit of
ownership and hold harmless agreement was required to be executed by the City of Miami Beach
as the holder of an interest in the area were the work is to be performed pursuant to a Dedication
recorded in Plat Book 34, Page 83 of the Public Records of Dade County, Florida; and
WHEREAS, due to the emergency nature of the bridge replacement work, said permit was
required to be obtained on an expedited basis during the summer recess of the City Commission,
during which time City Manager Jose Garcia-Pedrosa possessed authority to enter into contracts on
behalf of the City of Miami Beach subject to ratification by the City Commission.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the hold harmless
agreement executed in conjunction with the affidavit required to obtain a Class I Coastal
Construction Permit from Metropolitan Dade County for the replacement of the LaGorce Island
Bridge is hereby ratified.
PASSED and ADOPTED THIS
day of
ATTEST:
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CITY CLERK
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CITY HALL 1700 CONVENTION CENTER DRh/E MIAMI BEACH FLORIDA 33139
CITY OF MIAMI BEACH-
COMMISSION MEMORANDUM NO. ~
TO:
Mayor Seymour Gelber and
Memben of the City Commission
DATE: September 11, 1996
FROM:
Jose Garcia-Pedrosa
City Manager
SUBJECT:
A RESOLUTIO F THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, RATIFYING THE HOLD
HARMLESS AGREEMENT EXECUTED IN CONJUNCTION WITH THE
REQUIRED DOCUMENTS TO OBTAIN A CLASS I COASTAL
CONSTRUCTION PERMIT FROM METROPOLITAN DADE COUNTY
FOR THE REPLACEMENT OF LA GORCE ISLAND BRIDGE.
ADMINISTRATION RECOMMENDATION:
To approve the Resolution ratifying the attached Hold Harmless Agreement executed in conjunction
with the required documents, to obtain a Class I Coastal Construction permit from Metropolitan
Dade County, for the construction of the new La Gorce Island bridge by the Florida Department of
Transportation (F.D.O.T.).
BACKGROUND:
The F.D.O.T. will be replacing La Gorce Island Bridge because of its structurally deficient condition.
All construction over water within the Bay area requires a Class I Coastal construction permit issued
by Metro-Dade County, and as part of the permitting process, Dade County requires a Hold
Harmless Agreement to be provided by the record owner of the property where the work is to be
performed.
The area in La Gorce Canal where the proposed bridge will be constructed, is a dedicated right-of-
way to the City of Miami Beach on the La Gorce Island Plat as recorded in Book 34, Page 83 of the
Dade County records, Florida.
The attached Affidavit and Hold Harmless Agreement, reviewed and approved by the City Attorney,
was executed during the Commission recess following the urgent request by the F.D.O.T. to finalize
the required permits so that the emergency bridge replacement work could proceed.
AGENDA ITEM ~ 1 W
DATE~
CONCLUSION:
The Mayor and City Commission should approve the Resolution ratifying the attached Affidavit and
Hold Harmless Agreement executed in conjunction with the required documents, to obtain a Class
I Coastal Construction permit from Metropolitan Dade County, for the construction of the new La
Gorce Island bridge by the F.D.O.T.
Attachment
JGP~~// A V NGK
'"
AFFIDAVIT
AND HOLD HAR.iYfLESS
AGREENfENT
PERSONALL Y APPEARED BEFORE l\1E, Jose Garcia-Pedrosa, City Manager of the City of
Nfiami Beach, the undersigned authority, and hereby affirms as follows:
1. That the City of Nfiami Beach holds an interest in those areas designated and more fully
described as follows:
"Bridge", "Area A", "Area B", and "Area C" as set forth in the
Dedications and Reservations on the La Gorce Island Plat as
,
recorded in Plat Book 34, Page 83 of the Public Records of Dade
County, Florida.
Which said interest is based upon that dedication contained in the above Plat dated June 30, 1936.
2. TItat the above-referenced areas are the subject matte~ of Application No. CC 95-009 for a
Class I permit under and pursuant to Section 24-58 of the Code of Metropolitan Dade County to
construct or engage in the following activity:
Florida D.G.T. - La Gorce Canal Bridge Replacement
3. That your affiant hereby affirms the City ofNfiami Beach's interest in the above noted areas
necessary for the work noted in Paragraph 2 above and, subject to the limitation set forth in 9768.28,
Florida Statutes, the City of Miami Beach hereby agrees to defend same and hold Metropolitan Dade
County harmless, for any and all liability, claims and damages of any nature occurring, incurred or
arising as a result of the City of Miami Beach not having the above stated interest in the aforestated
areas; provided the grant of this indemnity shall be subject to ratification by the City Commission
at its first meeting in September 1996.
Jose Garcia-Pedrosa
City Manager
City ofNfiami Beach
STATE OF FLORIDA )
) SS
COUNTY OF DADE )
The
Jdl;
ha.3 produced
foregoing instrument was acknowledged before me this OJ;;" day of
, 1996, by J~ ~rc!..-a - ~ who is personally known to me.Gf-
as ~Jl;utiiicatieR.
~d?j,
NOT UBLIC, STATE OF FLORIDA
,~::;.~:::.:;:;.~ RUTH RUlli
[:;~.. A; ';f:~ IlY COMMISSION' CC 273198
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I ~'b ,,~.: E<?IRES: A;tll ZS. 1997
l.::-i;U;$'- Bonded "",.III Hal3ty PIIIi/lc ~
MY COMNIISSION EXPIRES:
PRINT NAME:
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