96-22182 RESO
RESOLUTION NO. 96-22182
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A HOLD HARMLESS AGREEMENT REQUIRED
IN CONJUNCTION WITH THE CITY OF MIAMI BEACH'S
AFFIDAVIT OF OWNERSHIP TO OBTAIN A CLASS I
COASTAL CONSTRUCTION PERMIT FROM
METROPOLITAN DADE COUNTY FOR THE FLORIDA
DEPARTMENT OF TRANSPORTATION'S PROJECT TO
REPLACE THE NOREMAC AVENUE BRIDGE OVER THE
BISCA YNE POINT CANAL.
WHEREAS, the Noremac Avenue Bridge over the Biscayne Point Canal is in the process
of being replaced on an emergency basis by the Florida Department of Transportation ("FDOT") 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 is 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.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Clerk
are hereby authorized to execute the hold harmless agreement required in conjunction with the City
of Miami Beach's affidavit of ownership to obtain a Class I Coastal Construction Permit from
Metropolitan Dade County for FDOT's replacement of the Noremac Avenue Bridge over the
Biscayne Point Canal.
PASSED and ADOPTED THIS
day of
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MA YOR
rOF?M APPROVED
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By ::Jt!M-
Date IO~ v/l~~_
ATTEST:
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CITY CLERK
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
CITY OF MIAMI BEACH
COMMISSION MEMORANDUM NO. ~
TO:
Mayor Seymour Gelber and
Memben of the City Commission
~ATE: November 6, 1996
FROM:
Jose Garcia-Pedrosa
City Manager
SUB.JECT:
THE MAYOR AND CITY COMMISSION OF THE
CITY OF MI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE THE HOLD HARMLESS AGREEMENT
EXECUTED IN CONJUNCTION WITH THE AFFIDAVIT OF OWNERSHIP
TO OBTAIN A CLASS I COASTAL CONSTRUCTION PERMIT FROM
METROPOLITAN DADE COUNTY FOR THE REPLACEMENT OF
NOREMAC AVENUE BRIDGE OVER BISCA YNE POINT CANAL.
ADMINISTRATION RECOMMENDATION:
To approve the Resolution authorizing the Mayor and City Clerk to execute the Hold Harmless
Agreement required in conjunction with the affidavit of ownership, to obtain a Class I Coastal
Construction permit from Metropolitan Dade County, for the construction of the new Noremac
Avenue bridge over Biscayne Point Canal by the Florida Department of Transportation (F.D.O.T.).
BACKGROUND:
The F.D.O.T. will be replacing Noremac Avenue 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 City of Miami Beach as the holder of an interest in the
area where the work is to be performed.
CONCLUSION:
The Mayor and City Commission should approve the Resolution authorizing the Mayor and City
Clerk to execute the Affidavit of ownership and Hold Harmless Agreement required to obtain a Class
I Coastal Construction permit from Metropolitan Dade County for the construction of the new
Noremac '~enue bridge over Biscayne Point Canal by the F.D.O.T.
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F:\WORK\$ALLlC MOIHOLDHARM.AGR
AGENDA ITEM c.. 'lE-
DATE l \..:..10 -'it,
AFFIDAVIT OF OWNERSHIP
AND HOLD HARMLESS
AGREEMENT
PERSONALL Y APPEARED BEFORE ME, Julio Grave de Peralta, Director of Engineering &
Construction Management of the City of Miami Beach, the undersigned authority, and hereby
affirms as follows:
1. That the City of Miami Beach holds an interest in those areas designated and more fully
described as follows:
Commence at the intersection of the center lines ofNoremac Avenue
and Daytonia Road, as shown in Biscayne Point, recorded in Plat
Book 14, Page 35 of the Public Records of Dade County, Florida;
thence run Northerly, along the center line of said Noremac Avenue
for a distance of 160.13 feet to the POINT OF BEGINNING; thence
continue Northerly, 25.00 feet (measured at right angles) Easterly and
Westerly of the center line of said Noremac Avenue for a distance of
90.44 feet.
2. That the above-referenced areas are the subject matter of Application No. CC95-010
submitted by the Florida Department of Transportation for a Class I Coastal Construction Permit
under and pursuant to Section 24-58 of the Code of Metropolitan Dade County to construct or
engage in the following activity:
Noremac Avenue Bridge Replacement over the Biscayne Point Canal
3. That your affiant hereby affirms the City of Miami Beach's interest in the above noted areas
necessary for the work noted in Paragraph 2 above and, subject to the limitations set forth in Section
768.28, 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
() -I-,(i _ (2~ L:
'~ave de Peralta, Director
Engineering & Construction Management
City of Miami Beach
interest in the afore stated areas.
STATE OF FLORIDA )
)SS
COUNTY OF DADE )
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The foregoing instrument was acknowledged before me this () ~ day of
/2cY 4~ , 1996, b~~~ ~ rk f1uli:iJtho is ~ersooally known to me or who has
produced as identification.
MY COMMISSION EXPIRES:
OFFICIAL NOTi\RY SEAL
LILLIAN BEAUCHAMP
l\1OT ARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC347882
MY COMMISSiON EXP. FEB. 131
ATTEST:
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