Loading...
Untitled (2) Attachment A — LOCALLY FUNDED AGREEMENT THIS LOCALLY FUNDED AGREEMENT (hereinafter `Agreement') is made and entered into this day of , 20 , between the CITY .OF MIAMI BEACH, a municipal corporation of the State of Florida, hereinafter referred to as the `CITY', and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION a component agency of the State of Florida, hereinafter referred -to as the `DEPARTMENT'. RECITALS WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road (S.R.) AIA/Collins Avenue corridor within the corporate limits of the CITY; and :WHEREAS, the CITY has. requested the DEPARTMENT to install or cause to be installed thirty seven (3 7) decorative light poles, landscape and irrigation along SR. AlA /Collins Avenue from 5 Street to 16 Street; and WHEREAS, the DEPARTMENT has agreed to install- or. cause to be installed the thirty seven (37) decorative light poles, landscape and irrigation along S.R. AlA /Collins Avenue from 51n Street to '16 Street, subject to the terms and conditions detailed in this Agreement; and WHEREAS, the CITY 'shall fund` the increased costs, under financial project number 250236- 3- 52 -02, associated with the installation of the thirty seven (3 7) decorative light poles, landscape and•irrigation along S.R. AlA /Collins Avenue, from 5 Street to 16 Street, hereinafter collectively called the `PROJECT', and as detailed in the attached Exhibit "A ", "Scope of Services",,, . which is herein incorporated by reference; and. WHEREAS, the parties are authorized to enter into this Agreement pursuant to Sections 334.044(7) and 339.12 (2006), Florida Statutes, and authorize its officers to do so. Page 1 of 13 Uy' Locally Funded Agreement between the City of Miami Beach' and the Florida Department of Transportation, Financial Project Numbers 250236- 3 -52 -02 . {� V NOW, THEREFORE, in consideration of the premises, the mutual covenants and other valuable considerations contained, herein, the, receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Recitals The Recitals to this Agreement are true and correct and are incorporated herein by reference and made a part hereof. 2. General Requirements (a) A true and correct copy of the Resolution of the CITY Commission approving this Agreement is attached hereto as Exhibit "C ", `CITY OF MIAMI BEACH RESOLUTION', and is incorporated herein by reference. (b) The CITY shall: i. utilize the U.S. Department of Homeland Security'y E- Verify system to. verify the employment eligibility of all new employees hired by the CITY during the term of the Agreement; and ii. expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Agreement term. (c) The DEPARTMENT will administer and construct the PROJECT in accordance with the signed, and sealed PROJECT plans and. as detailed in the attached Exhibit "A ", Page 2 of 13 Locally Funded Agreement between the City of Miami Beach and the Florida Department of Transportation, Financial Project Number 250236- 3 -52 -02 `Scope of Services'. The DEPARTMENT will complete the PROJECT utilizing the funds provided by the CITY. (d) The CITY will provide funding to the DEPARTMENT, in the aggregate amount of FOUR HUNDRED THOUSAND FOUR HUNDRED EIGHTY SIX DOLLARS ($400,486.00), for the PROJECT, subject further to the provisions in Section 3 of this Agreement and as outlined in the attachment Exhibit "B ", "Financial Summary ", which is herein incorporated by reference. (e) The DEPARTMENT Contractor will not commence work on the PROJECT until CITY funding for the PROJECT is on deposit with the DEPARTMENT. (f) Upon the receipt, authorization and encumbrance of funding received from the CITY as a result of this Agreement, the DEPARTMENT Contractor will commence work on the. PROJECT. 3: Financial Provisions. (a) The CITY agrees that it will, no later than thirty .(30) calendar days after the DEPARTMENT's execution of this Agreement, furnish the DEPARTMENT an advance deposit -in the amount of FOUR HUNDRED THOUSAND FOUR HUNDRED EIGHTY -SIX DOLLARS ($400,486.00) for full payment of the estimated PROJECT cost for Locally Funded project number 25023673- 52 -02. The - advance deposit shall be the total estimated PROJECT cost plus allowances. The DEPARTMENT may utilize this deposit for payment of the costs of the PROJECT. (b) If the accepted bid amount plus allowances is in excess of the advance deposit amount, the CITY will provide an additional deposit within fourteen (14) calendar days of notification from the DEPARTMENT or prior to posting of the accepted bid, Page 3 of 13 Locally Funded Agreement between the City of Miami Beach and the Florida Department of Transportation, Financial Project Number 250236- 3 -52 -02 whichever is earlier, so that the total deposit is equal to the bid amount plus allowances. The DEPARTMENT will notify the CITY as soon as it becomes apparent the accepted bid amount, plus allowances, is in excess of the advance deposit amount. However, failure of the DEPARTMENT to so notify the CITY shall not relieve the CITY from its obligation to pay for its full participation on final accounting as provided herein below. If the CITY cannot provide the additional deposit within fourteen (14) days, a letter must be submitted to and approved by the DEPARTMENT's project manager indicating when the deposit will be made. The CITY understands the request and approval of the additional time could delay the PROJECT, and additional costs may be incurred due to a delay of the PROJECT. (c) If accepted bid amount plus allowances is less than the advance deposit amount, the DEPARTMENT will refund the amount that the advance deposit exceeds the bid amount plus allowances if such refund is requested by the CITY in writing. (d) Should PROJECT modifications or changes to bid items occur that increase the CITY's share of total PROJECT costs, the CITY will be notified by. the DEPARTMENT accordingly. The CITY agrees to provide, without delay, in advance of additional work being performed, adequate funds to ensure that cash on deposit with the DEPARTMENT is sufficient to fully fund its share of the PROJECT. The DEPARTMENT shall notify the CITY as soon as it becomes apparent the actual costs will overrun the award amount. However, failure of the DEPARTMENT to so notify the CITY shall not relieve the CITY from its obligation to pay for its full participation during the PROJECT and on final accounting as provided herein below. Funds due from the CITY during the PROJECT not paid within forty (40) calendar days from the Page 4 of 13 Locally Funded Agreement between the City of Miami Beach and the Florida Department of Transportation, Financial Project Number 250236- 3 -52 -02 date 'of the invoice are subject to an interest charge at a rate established pursuant to Section 55.03, Florida Statutes (F.S.). (e) The DEPARTMENT intends to have its finial and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred and sixty (360) days of final payment to. the Contractor. The DEPARTMENT considers the PROJECT complete when final-payment has been made to the Contractor, not when the construction work is complete. All PROJECT cost records and accounts shall be subject to audit by a representative of the CITY for a period of three (3) years after final close out of the PROJECT. The CITY will be notified of the final cost. Both parties agree that in the event final accounting of total PROJECT costs pursuant to the, terms of this agreement is less than the total deposit to date, a refund of the excess will be made by the DEPARTMENT to the CITY. If the final accounting is not performed within .three hundred and sixty (360) days, the CITY is not relieved from its obligation to pay. (f) In the event the final accounting of total PROJECT costs is greater than the total deposits to date, the CITY will pay the additional amount within forty (40) calendar days from the date of the invoice from the DEPARTMENT. The CITY agrees to pay interest at a rate as established pursuant to Section 55.03, F.S., on any invoice not paid . within forty (40) calendar days until the invoice is paid. (g) The payment of funds under this Locally Funded Agreement will be made directly to the DEPARTMENT for deposit and as provided in the attached Memorandum of Page 5 of 13 Locally Funded Agreement between the City of Miami Beach and the Florida Department of Transportation, Financial Project Number 250236- 3 -52 -02 Agreement (MOA) between the CITY, Department and the State of Florida, Department of Financial Services, Division of Treasury. (h) Nothing in this Agreement . shall be construed to violate the provisions of Section 339.135(6)(a), Florida Statutes, which provides as follows: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement . from the Comptroller of the Department that such funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods - exceeding one year, but, any, contract so made shall be executory only for the value of. the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year." 4. Effective Date of this Agreement This Agreement shall become effective upon execution by the CITY and the DEPARTMENT and as of the date set forth on page one (1) hereof. Page 6 of 13 Locally Funded Agreement between the City of Miami Beach and the Florida Department of Transportation, Financial Project Number 250236- 3 -52 -02 5. Provisions Separable The. provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable*in whole or in part. 6. Amendment of Agreement This Agreement may only be amended by mutual agreement 'of the DEPARTMENT and the CITY, expressed in writing and executed and delivered by each. 7: Notices All notices, requests, demands and other. communications required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given, made and received when delivered (personally,, by courier service such as Federal Express; or by other messenger) against receipt or upon actual receipt of registered or certified mail, postage prepaid, return receipt requested, addressed as set forth below: (a) If to the CITY: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attention: Fred Beckmann, Public Works Director (b) If to the DEPARTMENT: Florida Department of Transportation 1000 NW 111 Avenue, Room 6202B Miami, Florida 33172, Attention:` Michelle.Loren Meaux, JPA Coordinator Any party may alter the address to which communications or copies are to be sent by giving notice of such change of address in conformity with the provisions of this paragraph for. the - giving of notice. Page 7 of 13 Locally Funded Agreement between the City of Miami Beach and the Florida Department of Transportation, Financial Project Number 250236- 3 -52 -02 8. Entire Agreement This Agreement, including its attached Exhibits, contain 'the sole and entire Agreement between the parties with respect to such subject matter and supersede any and all other prior written or oral agreements between them with respect to such subject matter. 9... Binding Effect. . This Agreement shall be, binding upon the parties and their respective representatives, successors and assigns. 10. '.Waiver Waiver by either party of any breach, of any provision of this Agreement shall not be considered as or constitute a continuing waiver or a waiver of any other breach of the same or any other provision of this Agreement. I1. Captions The captions contained in this Agreement are inserted only as a matter of convenience or reference and in no way define, limit, extend or describe the scope of this Agreement or the intent of any of its provisions. 12. Absence "of Third Party Beneficiaries Nothing in this Agreement, express, or implied, is intended to (a) confer upon any entity or person other than the parties and their permitted successors and assigns any rights or remedies under or by reason of this Agreement as a third party beneficiary or otherwise except as specifically provided in this Agreement; or (b) authorize anyone not a party to this Agreement to maintain an action pursuant to or based upon this Agreement.` Page 8 of 13 Locally Funded Agreement between the City of Miami Beach and the Florida Department of Transportation, Financial Project Number 250236- 3 -52 -02 13. Other Documents The parties shall take all such actions and execute all such documents which . may be reasonably necessary to carry out the purposes of this Agreement, whether or not specifically provided for in this Agreement; provided that the parties further acknowledge that certain additional actions by the CITY may require approval by the CITY Commission, and, to the extent. such approval is required by applicable law, obtaining such approval shall be a condition to the obligations of the CITY under this Section. 14. Governing Law This Agreement and the interpretation of its terms shall be governed by the laws of the State of Florida, without: application of conflicts of law principles. Venue for any judicial, administrative or other action to enforce or construe any term of this Agreement or arising from or relating to this Agreement shall lie exclusively in Miami -Dade County, Florida. Page 9 of 13 Locally Funded Agreement between the City of Miami Beach and the Florida Department of Transportation, Financial Project Number 250236- 3 -52 -02 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the day and year first above written, the CITY OF MIAMI BEACH, signing by and through its City Manager, and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, signing by and through its District Secretary, each duly authorized to execute same. CITY OF MIAMI BEACH: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION: BY: BY: CITY MAYOR/MANAGER DISTRICT SECRETARY ATTEST: ATTEST: (SEAL) CITY CLERK .(SEAL) EXECUTIVE SECRETARY LEGAL REVIEW: CITY AT ORNEY DISTRICT CHIEF COUNSEL APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION `1 ti�w City Attorne Date Page 10 of 13 Locally Funded Agreement between the City of Miami Beach and the Florida Department of Transportation, Financial Project Number 250236- 3 -52 -02 EXHIBIT `A' SCOPE OF SERVICES The PROJECT work consists of the installation of thirty seven (37) decorative light poles, landscape and irrigation along S.R. AIA /Collins Avenue from 5 th Street to 16 Street in the CITY. The PROJECT is further defined in Attachment "A1 ", PROJECT plans (incorporated herein by reference). The CITY has requested that the decorative lighting poles be of certain style and the DEPARTMENT will install them with the current safety project along S.R. AIA/Collins Avenue from 5 th Street to Lincoln Road. PROJECT LIMITS: S.R. AIA/Collins Avenue from 5 th Street to 16 Street DEPARTMENT Financial Project Numbers: 250236- 3 -52 -02 COUNTY: Miami -Dade DEPARTMENT Project Manager: Heidi Solaun- Dominguez, P.E.; 305- 470 -5282 CITY Project Manager: Jose Gonzalez, Transportation Manager; 305 -673 -7080 Ext. 6768 t Page 11 of 13 Locally Funded Agreement between the City of Miami Beach and the Florida Department of Transportation, Financial Project Number 250236- 3 -52 -02 EXHIBIT `B' FINANCIAL SUMMARY The DEPARTMENT's Work Program allocates the .following funding, programmed under Financial Project Number 250236- 3- 52 -02, for PROJECT completion: Fiscal Year: Amount: Fund Type: 2012/2013 $400,486.00 Local Funds (LF) CITY OF MIAMI BEACH FINANCIAL RESPONSIBILITY: $400,486.00 Page 12 of 13 Locally Funded Agreement between the City of Miami Beach and the Florida Department of Transportation, Financial Project Number 250236- 3 -52 -02 EXHIBIT `C' CI`T'Y OF MIAMI BEACH RESOLUTION 'To be attached hereto and incorporated herein once ratified by the CITY Commission. Page 13 of 13 Locally Funded Agreement between the City of Miami Beach and the Florida Department of Transportation, Financial Project Number 250236- 3 -52 -02 Attachment B` — MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this , day of , 20_ by and between the State of Florida, Department of Transportation,' hereinafter referred to. as "FDOT" and the State of Florida, Department of Financial Services, Division of Treasury, hereinafter referred to as 'TREASURY" and. the City . of Miami .Beach hereinafter referred to as the "PARTICIPANT'. . WITNESSETH WHEREAS, FDOT is currently constructing the following project: Main Financial Project No.: 250236- 3 -52 -02 County: Miami -Dade hereinafter referred to as the "PROJECT ". WHEREAS, FDOT and the PARTICIPANT entered into a Locally Funded Agreement (LFA) dated 20_, wherein FDOT ragreed to perform certain work on behalf of the PARTICIPANT in conjunction with the PROJECT. WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interest.of FDOT and the PARTICIPANT.to establish an interest bearing escrow account to provide funds for the work performed on the PROJECT on behalf of the PARTICIPANT by FDOT. NOW THEREFORE, in consideration of the. premises and the covenants contained herein, the parties agree to the following: 1. An initial deposit in the amount of Four Hundred Thousand Four Hundred Eighty Six Dollars ($400,486.00) will be made by the PARTICIPANT into an interest bearing escrow account established. by FDOT for the purposes of the PROJECT. Said escrow account will be opened with the TREASURY on behalf of FDOT upon receipt of this Memorandum of Agreement. Such account will be an asset of FDOT. - 2.. Other deposits will be made only by the PARTICIPANT as necessary to cover the cost increases or the cost of additional work prior to the execution of any Supplemental Agreements or Amendments. 3. Payment will be made as follows (check appropriate payment method): Wire transfer ACH deposit Check STATE OF FLORIDA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DEPARTMENT OF FINANCIAL SERVICES, COMPTROLLER DIVISION OF TREASURY PARTICIPANT SIGNATURE PARTICIPANT NAME:& TITLE PARTICIPANT ADDRESS FEDERAL EMPLOYER I.D. NUMBER APPROVED AS TO FORM & LANGUAGE FOR EXECUTION v 4 AUOM � Date Attachrtent C FLORIDA DEPARTMENT OF TRANSPORTATION LANDSCAPE AND IRRIGATION MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE CITY OF MIAMI BEACH This AGREEMENT, entered into on , 20 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, "hereinafter called the DEPARTMENT, and the CITY OF MIAMI BEACH, a municipal corporation of the State of Florida, hereinafter called the: CITY, and collectively referred`to as the PARTIES. RECITALS: A. The DEPARTMENT has jurisdiction over State Road (S.R.) A1A /Collins Avenue from 5 Street (MP 3.676) to 16 Street(MP 4.660), which is located within the limits of the CITY; and B. The DEPARTMENT, pursuant to Contract # T -6294, has drafted design plans for improvements on S.R.AlA /Collins Avenue from 5th Street to 16 Street, the limits of which are described in the attached Exhibit `A' (the PROJECT LIMITS), which by reference shall become a part of this AGREEMENT; and C. The DEPARTMENT will install landscape and irrigation systems in accordance with the design plans for Contract.# T -6294 (the "Project"); and D. The PARTIES to this AGREEMENT mutually recognize the need for. entering into an agreement designating and setting forth the responsibilities of each party with regards to the maintenance of the landscaping and irrigation systems installed pursuant to the Project; and E. The CITY,. by Resolution No. dated attached hereto as Exhibit `B'; which by reference shall become a part of this AGREEMENT, desires to enter into this AGREEMENT and authorizes its officers to do so. NOW, THEREFORE, for and in consideration of the mutual benefits contained herein and other good and valuable Maintenance Memorandum of Acreemet between Florida Department of Transportation and City of Miami Beach Page I of I 1 consideration, the.parties covenant and agree as follows: 1. RECITALS The recitals in this AGREEMENT are true and correct, and are incorporated herein by reference and made a part hereof. 2. DEPARTMENT RESPONSIBILITIES The PARTIES agree that by executing this AGREEMENT all maintenance responsibilities pertaining to the landscape within the PROJECT LIMITS are assigned to the CITY in perpetuity upon the DEPARTMENT'S release of - its contractor from further warranty work and responsibility, as set forth in Section 580 -5 of the Department's Standard Specification for Road and Bridge Construction. Additionally, the PARTIES agree that all maintenance responsibilities pertaining to the irrigation shall be assigned to the CITY in perpetuity upon the DEPARTMENT's issuance of the .Notice of Final Acceptance of the Project to its contractor. 3. CITY'S MAINTENANCE RESPONSIBILITIES The CITY shall maintain the landscape and irrigation in accordance with all applicable DEPARTMENT guidelines, standards, and procedures, which shall include but shall not be Limited 'to the - Maintenance, Rating Program Handbook, as may be amended from -time to time. Additionally, the CITY shall maintain the landscape and irrigation in accordance with the International Society of Arboriculture standards, guidelines, and procedures, as may be amended from time to time, and in accordance with the standards set forth in the Project Plans, and in the Project Specifications and Special Provisions. The CITY'S maintenance obligations shall include but not be limited to a. Mowing, cutting and/or trimming and edging the grass and turf. b. Pruning all plant materials, which include trees, shrubs and ground covers, and parts thereof. c. Removing and properly disposing of dead, diseased or otherwise deteriorated plants in their entirety, and Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 2 of 11 replacing those that fall below the standards set forth in.the Project Plans and in the Project Specifications, incorporated herein by reference, and all applicable :Department guidelines, standards. and procedures, as may be amended from time, to time All replacement materials shall be -in accordance with the Project Plans and the Project Specifications and.Special Provisions. d.. Mulching all plant beds and tree rings. ' e. Removing and disposing of all undesirable vegetation including but not limited to.weeding of plant_ beds and removal of invasive exotic plant materials. f. Watering and fertilizing all plants as needed to maintain the plant materials in a healthy and vigorous growing condition. g. Performing routine and regular inspection of the irrigation system(s)- to assure- that the systems are fully functional; identifying damage and /or malfunctions to the system(s); repairing and /or replacing broken or mussing irrigation equipment; and adjusting spray heads to eliminate overspray of water onto paved areas. h. Paying all for water use and all costs associated therewith. i. Removing and disposing of litter from roadside and median strips in accordance with all applicable government .rules, regulations, policies, procedures, guidelines, and manuals, as amended from time to time. j. Removing and disposing of all trimmings, roots, branches, litter, and any other debris resulting from the activities described by 2.A through 2.I. k. Maintaining a service log of all.maintenance operations that sets forth, the date of the maintenance activity, the location that was maintained, and the work-that was performed.. 1. Submitting Lane Closure Requests to the DEPARTMENT when maintenance activities will require the closure of a traffic lane in the DEPARTMENT's right -of -way: Lane Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach of 11 Page 3 closure requests shall be submitted through the District Six Lane Closure Information. System, to the Department's•area Permit Manager and in accordance with the District Six Lane Closure Policy, as may be amended from time to time. The DEPARTMENT may,' at its sole discretion, • perform periodic inspection of the landscape and irrigation to ensure that the CITY is performing its duties pursuant to this AGREEMENT. The DEPARTMENT shall share .with. the CITY its inspection findings, and may use those findings as the basis of its decisions regarding maintenance deficiencies, as set forth in Section 4 of this AGREEMENT. The CITY is responsible for obtaining copies of all applicable rules, regulations, policies, procedures, guidelines, and 'manuals, and the Project Specification and Special Provisions, as may be amended from time to:time. 4. MAINTENANCE DEFICIENCIES If, at any time it shall come to the attention of the DEPARTMENT that the CITY's responsibilities as established herein are not being properly accomplished pursuant to the terms this AGREEMENT, the DEPARTMENT may, at its option, issue a written notice, in care of the `CITY MANAGER, to notify the CITY of the maintenance deficiencies. From the date of receipt of the notice, the CITY shall have a period of thirty (30) calendar days, within which to correct the cited deficiency or deficiencies. Receipt is determined in accordance with Section 5 of this AGREEMENT. If said deficiencies are not corrected within this time• period, the DEPARTMENT may, at its option, proceed as follows: a. Maintain the landscape and irrigation, or a part thereof and invoice CITY for expenses incurred; or b. Terminate this AGREEMENT,in accordance with Section 7, ~ remove any or all landscape and irrigation located within the PROJECT LIMITS, and charge the CITY the reasonable cost of such removal.. 5. NOTICES All notices, requests, demands, •consents, approvals, and Maintenance Memorandum of A- reement between Florida Department of Transportation and City of Miami Beach Page 4 of 11 other communication which are required to be served or given hereunder, shall be in writing and shall be sent by certified, U.S.. mail, return . requested, postage prepaid, addressed to the party to receive such notices as follows To. the DEPARTMENT: Florida Department of Transportation 1000 Northwest 111 Avenue, Room 6205 Miami, Florida 33172 -5800 Attn:'District Maintenance Engineer To the CITY: City of`Miami Beach 1700 Convention Center Drive Miami, Florida 33139 Attention: City Manager Notices.shall-be deemed to have been received by the end of five'(5) business .days from the proper sending thereof unless proof of prior actual receipt is provided. b. REMOVAL, RELOCATION OR ADJUSTMENT OF THE LANDSCAPE AND IRRIGATION SYSTEMS a. The PARTIES agree that the landscape and irrigation addressed by this AGREEMENT may be removed, relocated or adjusted at any time in the future, at 'the DEPARTMENT's sole discretion. In the event that the DEPARTMENT relocates or adjusts the landscape and irrigation, the CITY'.S maintenance responsibilities will survive. the relocation or adjustment, as long as the materials remain within the.PROJECT LIMITS 7. TERMINATION This AGREEMENT is subject to termination under any one of the following conditions: a.- By the DEPARTMENT, if the..CITY fails to perform its duties under Section 3 of this AGREEMENT, following the thirty (30) days' written notice, as specified in Section 4 of this AGREEMENT.: b. In accordance with' Section 287.058(1)'(c), Florida Statutes, the DEPARTMENT shall reserve the right to unilaterally cancel this, AGREEMENT if the CITY refuses to allow public access to any or all documents, papers, Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 5 of 11, letters, or other materials made or received by the CITY pertinent to this AGREEMENT which are subject to provisions of Chapter 119, of the. Statutes. c. If mutually agreed to by both parties, upon thirty (30) days advance notice. An agreement to terminate shall be valid only if made in writing and executed with the same formalities as this AGREEMENT. 8. TERMS a. The effective .date of this AGREEMENT shall commence upon execution by the Parties. This AGREEMENT shall continue in perpetuity or "until termination as set forth in Section 7. b. For purposes of performing its duties under this AGREEMENT, the CITY shall insert the following clause into any contracts entered into by the CITY, with vendors or contractors: Vendors/Contractors i. Shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the vendor /contractor during the term ofthe AGREEMENT; and ii. Shall expressly require subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S: Department of Homeland Security's E- Verify system to verify the employment, of all new employees hired by the subcontractors during the AGREEMENT term. c. This writing embodies the entire agreement and understanding between the parties hereto and there are no agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby d. This AGREEMENT shall not be transferred or assigned, in whole or in part, without the prior written consent of the DEPARTMENT. Maintenance Memorandum of Agreement between Florida Department of Transportation and City, of Miami Beach Page 6 of I 1 e. This AGREEMENT shall be governed by and constructed in accordance with the laws of the State of Florida. Any provisions of this AGREEMENT found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions of the AGREEMENT. f. Venue for any and all actions arising out of or in connection to the interpretation; validity, performance or breach of this AGREEMENT shall lie exclusively in a state court of proper jurisdiction in Leon County, Florida. g. A modification or waiver of any of the provisions of this AGREEMENT shall be effective only if made in writing and executed with the same formality as this. agreement. h. The section headings contained in this AGREEMENT are for reference purposes only and shall not affect the meaning or interpretation hereof. i. No term or provision of this AGREEMENT shall be interpreted for or against either Party because the Party, or its legal representative drafted the provision. j. The DEPARTMENT is a state agency, self - insured and subject to the provisions of Section 768.28, Florida Statutes, as may be amended from time to time. Nothing in this AGREEMENT shall be deemed or otherwise interpreted as waiving the DEPARTMENT'S sovereign immunity protections, or as increasing the limits of liability as, set forth in Section 768.28, Florida Statutes. 9. INDEMNIFICATION Subject to Section 768.28, Florida Statutes, as may be amended from time to time, the CITY shall promptly indemnify, defend, save and hold harmless the DEPARTMENT, its officers, agents, representatives and employees from any and all losses, expenses, fines, fees, taxes, assessments, penalties, costs, damages, judgments, claims demands, liabilities, attorneys fees, (including regulatory Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 7 of 11 and appellate fees), and suits of any nature or kind whatsoever caused by, arising out of, or related to the CITY's exercise or attempted exercise of its responsibilities as set out in this AGREEMENT, including but not limited to, -any act, action, neglect or omission by the CITY, its officers, agents, employees or representatives in any way pertaining to this agreement, whether direct or indirect, except that neither the CITY nor any of its officers, agents, employees or representatives will be liable under this provision for damages arising out of injury or damages directly caused or resulting from the sole negligence of the - DEPARTMENT. The CITY's obligation to indemnify, defend and pay for the defense of the DEPARTMENT, or at the DEPARTMENT's option, to participate and associate with the DEPARTMENT in the defense and trial of any claim and any related settlement negotiations, shall be triggered immediately upon the CITY's receipt of the DEPARTMENT's notice of claim for indemnification. The notice of claim for indemnification shall be deemed received if the DEPARTMENT sends the notice in accordance with the, formal notice mailing requirements set forth in Section 5 of this AGREEMENT. The DEPARTMENT's failure to notify the CITY of a claim shall not release the CITY of the above duty to defend and indemnify the DEPARTMENT. The CITY shall pay all costs and fees related. to this obligation and its enforcement by the, DEPARTMENT. The. indemnification provisions of this section shall survive termination or expiration of this AGREEMENT, but only with respect to those claims that arose from acts or circumstances which occurred prior to termination or expiration of this AGREEMENT. The CITY's evaluation of liability or its inability to evaluate liability shall not excuse the CITY.'s duty to defend and indemnify the DEPARTMENT under the provisions of this section. only an adjudication or .judgment, after the highest appeal is exhausted,- specifically finding the DEPARTMENT was solely negligent shall excuse performance of this provision by the CITY. Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 8 of 11 IN WITNESS WHEREOF, the parties hereto have caused these presents to executed the day and year first above written. CITY OF MIAMI BEACH: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION: BY: BY: CITY Mayor District Director of Transportation Operations ATTEST: (SEAL) ATTEST: CITY Clerk Executive Secretary LEGAL REVIEW: BY: BY: CITY Attorney District Chief Counsel Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 9 of 11 EXHIBIT 'A PROJECT LIMITS Below, are the limits of the landscape and irrigation to be maintained under this AGREEMENT. State Road Number: AlA /Collins Avenue Agreement Limits: From 5 th Street (M.P. 3.676) to 16 Street (M.P. 4.660) County:. Miami -Dade Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 10 of 11 EXHIBIT B' CITY OF MIAMI BEACH RESOLUTION To be herein incorporated once ratified by the CITY Board of Commissioners. I Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 11 of 11 i r Attach gent D Florida Department of Transportation RICK SCOTT 1000 NW 1:1 l Avenue AN.A:t'H PRASAD, P.E. GOVERNOR Miami, Florida 33172 -5800 sF.CRE7.aRY May 21, 2012 Fred Beckman, P.E. Public Works Department 1700 Convention Center Drive Miami, Beach, Florida 33139 . x , ITEM/SEGNMNT NO.: 2502363 MANAGING DISTRICT: SIX F.A.P. NO.: N/A STATE ROAD NO.: SR- AlA (Collins Avenue) COUNTY: Miami -Dade PARCEL NO(s).: 801 Dear Mr. Beckman: The Florida Department of Transportation, District VI, is proposing a project on SR AlA -/ Collins r _ Avenue from 5 .Street to . Lincoln Road. This segment consists mainly of commercial and r residential uses and the purpose of the project is to adjust existing sidewalks and ramps to comply with ADA standards as well as to p erform milling and resurfacing of the roadway. The Department has the need to obtain a donation from City of Miami Beach; pursuant to Section 337.29, of the Florida Statues and the Florida Department of Transportation Right of Way. Procedures for acquiring rights of way from other governmental agencies. Parcel 801: Easement is being requested for the modification to adhere to current ADA.standards and in order to maintain the sidewalks in the future. The parcel contains 601 square feet, more or less. kvv,­,v.dot.state.tl_us y Page) This project has been fast tracked and will require the City of Miami Beach to transfer Parcels 801 to the Department no latter than June 6, 2012. Therefore, we have attached the following documents for your review and to begin the process to allow this item through appropriate meetings for approvals: 1. Legal Description and Parcel Sketches showing location and size of parcels 2. Proposed Perpetual Easements and Resolution Instruments prepared by the Department 3. Right of Way Acquisition Brochure and Donation Form 4. Project Fact Sheet Slides 5. Power Point Slide Sheets Describing Parcel 6. Pertinent Contract Plan Sheet We look forward to working together for the fulfillment of our Public Service mission. If you have any questions, and/or need additional information please contact me at 305- 470 -5157. Sincerely Steven C. Imas ' Right of Way Agent i Enclosures 3 Cc: Javier Bustamante, Jose Gonzalez, Alejandro Casals, Diego Rivadeneira, Richard Lineberger a z 5 j i A f www.dot.state.fl.us �' 07 -PE.13 This instrument prepared by, or under the direction of, Alicia Trujillo, Esq. District Six Chief Counsel State of Florida Department of Transportation 1000 N.W. 11 l Avenue Parcel No. .801.1 Miami, Florida 33172 Item/Segment No.: 2502363 May 21, 2012 - NE Managing District: 6 PERPETUAL EASEMENT THIS EASEMENT Made the day of , 20 , by THE CITY OF MIAMI BEACH, a municipality of the State of Florida, grantor, to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, its successors and assigns, grantee. WIT'NESSETH: That the grantor for and in consideration of the sum of One Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the grantee, its successors and assigns, a perpetual easement for the purpose of constructing and maintaining a sidewalk in compliance with the ADA clearance requirement of 4.00 feet within the Right of Way in, over, under, upon and through the following described land in Miami -Dade County, Florida, viz: PARCEL 801 FIN No. 2502363 A parcel of land being a portion of Lots 12, 13 and 14, Block 15 of OCEAN BEACH, FLA. ADDITION NO. 2, according to the Plat thereof, as recorded in Plat Book 2, Page 56 of the Public ,Records of Miami -Dade County, Florida, and being more particularly described as follows: From the POINT OF BEGINNING at the Northwest Comer of said Lot 14; thence run S 79 °10'36" E, along the North Line of said Lot. 14, for a distance of 5,36 feet; thence run S 11 0 35'34" W for a distance of 26.64 feet; thence run S 83 °25'43" E for a distance of 1.56 feet; thence run S 06 °22'45" W for a distance of 9.00 feet; thence run N 82'57'12" W for a distance of 1.56 feet; thence run S 11 °00'22" W for a distance of 19.13 feet; thence run N 79 °57'21" W for a distance of 0.70 feet; thence run S 10 °35'32" W for a distance of 38.02 feet; thence run S 72 °52'08" E for a distance of 0.54 feet; thence run S 10 °48'36" W for a distance of 18.48 feet; thence run N 79°23'21" W for a distance of 5.58 feet, to the point of intersection with the East Right of Way line of State Road A -1 -A (Collins Avenue) as shown on the Florida Department ofTransportation Maintenance Map, Section 87060-2581 (said Right of Way line also being the West Lines of said Lots 12, 13 and 14; thence run N 10 °47'35" E, along said Right of Way line, a distance of s 111.32 feet to the POINT OF BEGINNING. s Containing 601 square feet, more or less. S. Bruce — Consultech. 5 -16 -2012 AS SHOWN ON EXHIBIT "A" ATTACHED HERETO AND TO BE MADE A PART HEREOF TO HAVE AND TO HOLD the same unto said grantee, its successors and assigns forever, together with immunity unto the said grantee, its successors and assigns from all claims for damage, if any, arising from or growing.. out of such construction and/or maintenance to the lands, if any, owned by the grantor, lying adjacent or contiguous to the lands hereinabove described and the grantor will defend the title to said lands against all persons claiming by, through or under said grantor. 1 of 6 IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its Mayor, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. ATTEST: The City of Miami Beach Its City Clerk By: Its Mayor Address STATE OF FLORIDA COUNTY OF MIAMI -DADE The foregoing instrument was acknowledged before me this day of 20 , by , Mayor, who is personally known to me or who has produced as identification. (Signature of person taking acknowledgment) (Type, print or stamp name under signature) Title or rank and serial number, if any: APPROVED AS TO FORM & LANGUAGE - & FOR ECUTION it tome CY Date 2 of 6 EXHIBIT -A LEGAL QESCRIPTIOU - PARCEL 601 A pprC*1 Of land baling d p flan Of L04% 12. 1 3 'pnd 14, 810C% is Of OCE41N BE,CN, FLA. ADDI TI(ua NO. 2. a?raoMing to th& F10t tttiee•e,tf, on encordad Ye Piet Duch 2, POW 36 of trio Publto kwardas of %41"I• -Vaal Caprify f,orrao and baInO rare parfTcularly aeadeTbf)d ' oe fol l arar 'Frfyra tho POMT OF REGInul'lia at thel Harthowif Coenar of Bolo Lot 14.1 thWM run S 19 10'26" @. vlonsl the North Llnv: of gold Lot 14. for a diatonce of S.35 feett thence run S 11.35 it for a OT59C 11 of 26 -.64 feet l; thence run S 43 9 29 1 43 1 E for a dlsfance of 1.56 fe*tt _ "1hrnaft run S x'22 U for a (JI- atpnalf of 2.00 feed th"Co, run N 82WI1•i2' W for a 414tor02 of 1.56 feats them= run S 11 " 7r f a dlatonos of 19.11 feed ttuusa+e run N 19 °57 W for a dldtortch of a.TG fidtlti tt %xv run S 10 8 for a distance Of 36".02 festy fhomzs run S 72 E for a dlsfabo�- of O.rr4 f **tc ttwva run 5 10 1 f4r O glotQno9 of 18.148 fostj th*frlca run N 78 IN 'far a dlsforeft of 5. foist. to Pw point of information rrltm thia East Right ,of holy Lire of Stote Road A 1.4 {tol Itine, Avbnul0 03 ehovn on " Florida DepIartawnt of TrcngwtOtI n Ib21nt .:M2p. Strctlon 870go•25SI tso ftlrpt c. Way Link area bblrq this WW £ irlea of Sold Lots 'r2. 13 and 1441 trisnos run N 10.47'39' E, QIW sold Rrght of Woy Lim. a 6Tfitonoe of 111.52 ftlat to tics POINT Of BEGINNING. Ganfotntr+y Sol .Squore pant, two or loos. GENERAL NOTESs f THIS 1S WT A SURVEY t eiproCuc#Iana Of this Etta nest v4l td without the CIWWturt and Orlotnal rottod earl of thr- Florldp LttenM=il 5urva)nr one, Cupp In reaponstale charge. • Lando eho�n hsrcon we not OWfroCted by thta off led for rIghte-of-voy. gct5 -menfs nt , ruoura. aimu ehlp, adaWGnTattnts, oolia rastrtctl or Wrphy Act Ott,". MIS InfarmOtlCin ehauld be obtolrEW ttr4iii0h apprtiprtate3!�•tttratlgn. • Rtlpnt of v toor`rdttorl io bow upon this Florida 61tPartwent of Trcnipartatlon Itssfntononee Mo Ftnonetal Pro):eW B3ulttbetr 25M361. Ust'ion 97060 -2551. ®aril my Inforsatlan and bbortnaS ea wn harson arks rpferunced to Itic 000,0111* of Survey of Stat6 Razo A -l!A tCollIns Avenue$, hgvin4 0 teorIng Of t1 10 E, as shown E an the Florldo Oesporttrvant of TromportOtton Project tftt,worlt Control for said Stste Road A -A lCol Avanus F TrMclal "Ject tap. 250236 712.014 Prepared by Con_ul -Tod+ Swr veyirq ans mgpptn2 Doted Way Ill, 2010. 0lrsansions Chown on chestch ore ooleulatsd boatd on f i Roadway Da1sign digyfol ITIft provlaaa by thn Fldrlda peportmf�nt of Trcur:sportotton unless ott4rjlae shown. 3 - #ddiftani onQrdr detetlans to twrvay mdpe, picetvhoo or reporta by ony party othor than tho 5100ntrig party a& prohlb1fad trithaut fm Wittan oonvent of the OlOrtlnn party. SEL V I N P'. SRUCE D cl this omm" 9 MULIfi of two 0 0w00a PROFESSIONAL SUFIVL.YOR AND WP1y 0 ors airoe r not bt C6+rs104M W evt I . ,ai re, f LOR I DA LICENSE NO. b290 �. v.o f�. o ,wro unis s � ewat in aTia&aa N tter. FLORIDA t7EPABi1 :NT `OF TF..4V PpVtTmltfOk SK ETCH TO ACCOUPANY LEGAL DESCRIPTION STAYS leaiD No. F•1.1G >t l"I •omt LAuNtT ., k-E l -CCIa. CNWW- r "- = + U TIZI KC GCriR111. 4.1R aAEi+f 4OT[ s..plaxe ,, I,. F.1+. No. 25MG- x -M-61 SUTlah e7delu rof z r Sk i 3 of 6 cla u U3 rr cz 69 N yQ1 iz 6 a W ��� in 0 1 � tc Lo ) n 4 u O an �N #qQ�fl 1 P1 • CIF■ M 26 • 1 dl �7i Ln x K W all t dc • �" a x iff z I � , 1 ~ 11 � I I« � 4 .at ( `I kI o *► N ! I a 6 a I a s i In T W (D a .. a• �� Z LAI i 1 t++ N e N I ; m N P. � 1 � . 9 a� a I r- 1f► s w I w = I ,, o� m 46 s Lo N. - I 110. 4 I I F. ~.. I [ai.os �1 8 4aa to VI ab m 6d am W • 6 s Q . ►^ �' m. s r 111 � ip � � N C� • r o. . A& a O FA In 4 of 6 07 -PE.14 This instrument prepared by, or under the direction of, Alicia Trujillo, Esq. District Six Chief Counsel State of Florida Department of Transportation 1000 N.W. I I V h Avenue Parcel No. : 801.1 Miami, Florida 33172. Item/Segment No.: 2502363 May 21, 2012 - NE Managing District: 6 RESOLUTION ON MOTION of Commissioner j. ,seconded by Commissioner the following Resolution was. adopted: WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road i No. A -1 -A, Section No. 2502363, in Miami -Dade County, Florida: and WHEREAS, it is necessary that an easement across certain lands now owned by The City of Miami Beach, . Florida, be acquired by the State of Florida Department of Transportation: and WHEREAS, said use is in the best interest of the City: and i WHEREAS, the State of Florida Department of Transportation has made application to said City to execute and deliver to the State of Florida Department of Transportation a perpetual easement, or easements, in favor of the . State of Florida Department of Transportation for the, purpose of constructing and maintaining a sidewalk in compliance with the ADA clearance requirement of 4.00 feet within the Right of Way, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of City Commissioners of The City ofMiami Beach, ' Florida, that the application of the State of Florida Department of Transportation for a perpetual easement, or easements, is for transportation purposes which are in the public or community interest and for public welfare; that a perpetual easement, or easements, in favor of the State of Florida Department of,Transportation in Miami -Dade i County,. Florida, should be drawn and executed by this Board of City Commissioners. Consideration shall be $ BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at Tallahassee, Florida. rt 5 of 6 STATE OF FLORIDA CITY OF MIAMI -DADE I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of City Commissioners of Miami Beach, Florida, at a meeting held on the - day of ; 20 ATTEST: The Board of City of Miami Beach, Florida, By its Board of City Commissioners Clerk (or Deputy Clerk) of the Circuit Court (Af ix County Seal) By: Its Chair (or Vice - Chair) (Address) a 4 Y 3 r i x S f 2 h • t ' t 6 of ,6 s Z Q m Ul rn rn W Cj a f z u idf m 4 - m y a # a r zoom_ M i w of n m e p i Q el `' 'art v � " f•' � � p , e r o i • I e T MA TCH LINE 3 +f6.0 eQ I � 3 e �� I I �y I � 'L� ��� T,• ;� � +. ;� b iii ��,! om sraerr ii,nrx e kkv At • c 2' Q a y $ .Yf It ta 3aI A b I f m •i - - -- - .. • MATCH 1. ME 35+86.00 N a . +'ILl• r.. Urrl ;;µ 4:04:' N Vie) py'r ;,t 7:t ,.I''I.4AIL "'r "S'. A•A i1µ4) 1'/C• -4 rL11 Grfl!•)G 6::.. r. A.0 z • i h � � r p E a ] % y -L 4a A r7 � 4 4 TIN all jig LA -»' '3i w» t"M1 b W HO _ @g y` ��_ r « O f oil WO � � �' t �)� A> .# _ • 1 L �d 5} ]•�� ��* �' fir_ 3- _ A Imp LAS LAJ LLI LL � {? �• 3 0' Cx. 'n �` s .....�. nos" -. � � , ,$ t - , a �. a f � Lu � jr w : tea' ' y , s.�e �'�'✓ ^� a ��. # W . *,t?� z �, >✓ *. gag' t �•� �k a 0 � !0 Q ms ��'' ��� *`s�.a-.— ,.x,,.:- sarz�r.....€ `=� �� ,-s . .�. � x •;w., c ,� d x ; �`z' n s u f ` _� tbYs .��� s SM e 575-030 -12 L RIGHT OF WAY 08mg Florida Department of Transportation RACK SCOTP 1000 NW 111 Avenue ANANTH PRASAD, P.E. GOVERNOR Miami, FL 33172. SECRETARY - Donation of Property to the Florida Department of Transportation FRED BECKMAN, P.E. ITEM /SEGMENT NO.: 2502363 CITY OF MIAMI BEACH MANAGING DISTRICT: Six PUBLIC WORKS DEPARMENT F.A.P. NO.: N/A 1700 CONVENTION' CENTER DRIVE STATE ROAD NO.: A1A (COLLINS AVENUE) . MIAMI BEACH, FL 33139. COUNTY:' MIAMI -DADE . PARCEL NO.: 801 INTEREST CONVEYED: PERPETUAL EASEMENT E e This is to advise that the undersigned, as owner of.the property or property interest referenced above and as shown on Right of Way maps for referenced project, desires to make a voluntary donation of said property or property interest to the State of. Florida for the use and benefit of the Florida Department of Transportation. The undersigned hereby acknowledges that he /she has been fully advised by a Department representative of his/her right to have the referenced property or property interest appraised, to accompany the appraiser during the appraisal inspection.of the property, to receive full compensation for the above referenced property, and to receive reimbursement for reasonable fees and costs incurred, if any. Having .been fully informed of the above rights, I hereby waive those rights unless otherwise noted below. Owner's Signature Type or Print Property Owner's Name Street Address City, State, Zip Code Date www.dot.state.fl.us 575-030 -12 RIGHT OF WAY' 08/99 INSTRUCTIONS FOR COMPLETION OF THE DONATION OF PROPERTY TO THE FLORIDA DEPARTMENT OF TRANSPORTATION (FORM 575- 030 -12) This form should be printed on official DOT letterhead. DATE AND INSIDE ADDRESS: Space is provided for a date and inside address of the property owner. PROJECT /PARCEL The following information can be located in the legal documents and Right of INFORMATION: Way map for each project and is required on official Department forms: Item /Segment No. Managing District F.A.P. No. State Road No. County Parcel No. OWNER'S SIGNATURE BLOCK: The owner must sign and provide an address and date before the Department can accept the donation. t ORIGINAL: Parcel File COPIES: Owner(s) k a x s .. f 'E ow-S1919 310N N30NI1 031V3S OW 03NDIS 311,1 .71 01110313 3N1 SI 143NS SIN1 ,10 ONOJ3N IV131190 3NL :3JIlON O 00'99+5£'3Nf7 H,91VtY " 4 0 o &A �• W�UM M CQk ooh tt U� 40 2 w In I I y N I N 0 F u ;r W • �..... WW � f zW �W�� qa p log .. ,[.� W - ��JW�h Zffi �hUy QN3w� W y � y 2 2x' ��ND� '• yy c�, �� tiN ¢N �j�j p �p���` �� �1 a 4�2�3 Q 1'��'�a ��TN �>j�N Lr OS mWV1�3 + W Q� 3�a :I; 2 ...... _ — _ — _ N jp 133H15 H10I �. — • 3dld J2 ^' - i 3"d .Yd � '-T ld .Yd — 1331115 H1LY (5 vi 0� :�• i o W M ti :+ q 2 2 32� roa2 `u 00'96+Of 3N17 HJ1VW °