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Resolution 94-21093 RESOLUTION No. 94-21093 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH APPROVING A LEASE AGREEMENT BETWEEN THE CITY AND THE FLORIDA • DEPARTMENT OF TRANSPORTATION FOR THE CITY OWNED VACANT LOT LOCATED ON THE WEST SIDE OF COLLINS AVENUE AT THE 86-87TH STREET OUTBLOCK ON NORTH SHORE OPEN SPACE PARK, AND LEGALLY DESCRIBED AS BLOCK 18 (31-40) ALTOS DEL MAR #1, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAME. WHEREAS, the Florida Department of Transportation (FDOT) through its contractor, Mitchell Construction, has initiated a Citywide Traffic Signalization Rehabilitation Project that will greatly benefit the citizen of Miami Beach; and WHEREAS, Mitchell Construction was granted approval by FDOT to establish a project transition/staging site on the northeast end of the Julia Tuttle Causeway for the duration of the Signalization Rehabilitation Project, and WHEREAS, this site is located in an area scheduled for improvements as a component of the City of Miami' Beach's Julia Tuttle Highway Beautification Project; and WHEREAS, the relocation of this transition/staging site is necessary to ensure the ongoing progress of the Julia Tuttle Highway Beautification Project. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission herein approve the attached Lease Agreement between the City of Miami Beach and the Florida Department of Transportation, for the City owned vacant lot located on the west side of Collins Avenue at the 86-87th Street outblock on Nor Shore Open Space Park and legally described as block 18 (31-4. " Altos del Mar #1, • the Mayor and the City Clerk are here by auth,rized to exe, e the agreement. 16th PASSED and ADOPTED this day of Marc ' , 1994 . MAYOR ATTEST: ( 7 .. , n��. ORM APPR VEU CITY CLERK LE T. Date .97 • CITY OF Imo; IA10.I BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305)673-7782 COMMISSION MEMORANDUM NO. Q a2-9( March 16, 1994 TO: Mayor Seymour Gelber and DATE: Members of the City Commission FROM: Roger M. Cadtofiel City Manager A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE FLORIDA DEPARTMENT SUBJECT: OF TRANSPORTATION. ADMINISTRATION RECOMMENDATION: The Administration recommends that the Mayor and City Commission authorize the execution of a lease agreement, for a period not to exceed one (1) year, between the City of Miami Beach and the Florida Department of Transportation (FDOT) for the City-owned lot located on the west side of Collins Avenue between 86th and 87th Streets. This lot will be utilized as a staging area for construction equipment involved in a City-wide Signalization Rehabilitation Project. BACKGROUND: The FDOT is currently involved in a project aimed at rehabilitating traffic signals throughout the City of Miami Beach. The FDOT has authorized its contractor, Mitchell Construction, to establish a project transition/staging area at the northeast end of the Julia Tuttle Causeway. This approval had been granted for the duration of Mitchell Construction's contract period. However, the area being utilized for the staging area is within the Julia Tuttle Highway Beautification Project area, which is currently underway. ANALYSIS: Due to the fact that the Julia Tuttle Project is nearing. 40% - completion, it is imperative that the existing staging area be relocated'to ensure the ongoing progress of the Project. The FDOT has agreed to relocating to the City-owned lot at Collins Avenue between 86th and 87th Streets for a period not to exceed one (1) year, or upon completion of the Signalization Rehabilitation Project, which ever is sooner. FDOT has requested the contractor not to begin operations prior to 7: 00 a.m. whenever possible, to limit the impact on the surrounding neighborhood. Additionally, security fencing will be installed around the perimeter of the site to ensure controlled access to the staging area. CONCLUSION: • The Administration recommends that the City Commission authorize • . the execution of a lease agreement for the FDOT to utilize the aforementioned. City-owned property. RMC/KS/dc 194 AGENDA ITEM — DATE 3- I Cam: ,tn .r a r LEASE AGREEMENT This Lease Agreement is entered into this ab, day of , 1994, by and between the CITY OF MIAMI BEACH, FLORIDA, as Lessor (hereafter referred to as LESSOR or CITY) and the FLORIDA DEPARTMENT OF TRANSPORTATION, as Lessee (hereafter referred to as LESSEE or FDOT). In consideration of the premises, terms and for other good and valuable consideration, the LESSOR and the LESSEE hereby agree as follows: 1. LESSOR leases to LESSEE the following described real property (hereinafter referred to as the premises): The City owned vacant lot located on the west side of Collins Avenue.at 86-87 Street outblock on North Shore Open Space Park, and legally described • as BLK 18 (31-40) Altos Del Mar #1 2. The premises shall be used solely for and by FDOT, for the use and benefit of FDOT's contractor, Mitchell Construction (the Contractor), 24 hours per day, seven days per week, holidays included, for the purpose of housing a construction trailer, storing • construction vehicles and materials, including but not limited to trucks and other related construction machinery, all related to the Contractor's work on the Citywide Traffic Signalization Rehabilitation Project. Furthermore, FDOT, and /or its Contractor shall be solely responsible for securing the perimeter of the area by placing, at FDOT and/or its Contractor's sole cost and expense, fencing around the perimeter surrounding the premises. Neither FDOT nor its Contractor shall be permitted to store or stock pile soil, rock, and/or other excavated materials on the premises. 3. LESSOR shall charge LESSEE a minimal lease rate for lease of the aforementioned premises in the amount of one dollar ($1.00) per year. 4. The Department, as a State agency, is insured by the Florida Department of Insurance. Therefore, any additional or outside coverage is not sought to cover possible liability claims against the Department. 5. RIGHT OF ENTRY: LESSOR or any of its agents or representatives, shall have the right to enter upon the premises during all hours during which LESSEE occupies same, to examine the premises and monitor the condition of same. 6. SECURITY: LESSEE shall provide its own security throughout its occupancy • of the premises. It is expressly agreed and understood that the LESSOR shall not in any way be or assume responsibility for the personal safety of LESSEE's employees, invitees, contractors, agents or any other person entering the premises in conjunction with this Agreement, as well as any equipment or personal property brought onto the premises where there is result of loss, theft, damage, or any othertype of casualty which may occur. 7. MAINTENANCE: LESSEE, at its sole cost and expense, shall maintain (or cause to be maintained) the premises in a clean and orderly condition, not allowing refuse or debris to accumulate, including but not limited to maintaining the general grass and other landscaping surrounding in and around the premises in the same condition to which same was maintained by LESSOR prior to commencement of this Agreement. LESSEE shall repair any damage caused as a result of its use of the premises under this Agreement. Failure to maintain the premises may result in LESSOR revoking the Agreement or providing for cleanup services and charging the costs of this service back to the LESSEE. / 8. INDEMNIFICATION: In consideration of the CITY's permission for LESSEE's, and/or its agents, employees, and/or invitees', occupancy and use of the premises during the terms of this Agreement, LESSEE agrees to indemnify, defend, and hold the CITY harmless to the extend of the limitations included in Florida Statue 768.28, subject of the provision therein whereby the LESSEE shall not be held liable to pay personal injury or property damage claim or judgment by any one person which exceeds the amount of $100,000 or any claim or portions thereof, which, when totalled with-all other claims or judgments by LESSEE arising out of the same incident or occurrence, exceed the sum of $200,000; from any and all personal injury or property damage claims, liability, losses and causes of action which lie solely on the LESSEE's, as/or its agents, employees and/or invitees' negligence in its use and operation of the premises for the purpose stated herein. However, nothing herein shall be deemed to indemnify the CITY for any liability and claim arising out its negligence, performance, or failure of performance of the CITY or as a result of the negligence of any unrelated third party; provided that nothing herein contained shall operate as a waiver as to third parties of either the CITY or the LESSEE's sovereign immunity under Florida Statute 768.28. 9. This Agreement shall be subject to cancellation by either party upon thirty(30) 2 days written notice by certified mail or hand delivery as follows: TO LESSOR: ROGER M. CARLTON, CITY MANAGER City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 LAURENCE FEINGOLD, CITY ATTORNEY City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 TO LESSEE: FLORIDA DEPARTMENT OF TRANSPORTATION 10. This Agreement shall not be assigned without the prior written consent of both parties hereto. 11. The term this Agreement shall be for a one-year period, or the completion date of the Citywide Traffic Signalization Rehabilitation Project, which ever occurs first. This Agreement shall begin on March ag, 1994 and shall terminate, at'the latest date, as previously specified, on March as, 1995. 12. The exercise of rights of cancellation under this Agreement may be with or without cause for either party; 13. Upon expiration or other termination of the Agreement, LESSEE shall immediately surrender possession of the premises to the LESSOR in substantially the same condition in which LESSEE was required to maintain same hereunder, except for damage by fire or other natural disaster. LESSEE agrees to restore the premises to their condition immediately preceding the commencement of this Agreement. If, within ten (10) days following the occurrence, permittee fails to repair or replace any damage to the premises caused by the LESSEE, it agents, its employees or invitees, the LESSOR, may at its option, cause all requirement renovations, maintenance, repairs or replacements required to be, made, and LESSEE will be charged for all costs. 14. LIMITATION OF LIABILITY: The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action 3 • • for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000. LESSEE hereby expresses its willingness to enter into this Agreement with LESSEE's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $10,000.00. Accordingly, and notwithstanding any other term or condition of this Agreement, LESSEE hereby agrees that the City shall not be liable to the LESSEE for damages in an amount in excess of $10,000.00, for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Florida Statutes, Section 768.28. 15. ARBITRATION: Any controversy or claim for money damages arising out of or relating to this Agreement, or the breach hereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and the arbitration award shall be final and binding upon the parties hereto and subject to no appeal, and shall deal with the question of the costs of arbitration and all matter related thereto. In that regard, the parties shall mutually select an arbitrator, but to the extent the parties cannot agree upon the arbitrator, then the American Arbitration Association shall appoint one. ,Judgment upon the award rendered may be entered into any court having jurisdiction, or application maybe made to such court for an order of.enforcement. Any controversy or claim other than a controversy or claim for money damages arising out of or relating to this Agreement, or the breach thereof, including any controversy or claim relating to the right to specific performance shall be settled by litigation and not arbitration. WHEREFORE, the parties hereto have, caused their proper officers to affix their signatures and seals on the date first set forth above. ITY OF MIAM B:. CH ATTEST: ,111 YOR CITY CLERK 4 • j FL RID DEPARTMENT OF TRANSPORTATION ATTEST. o " ACCEPTED AND AGREED TO BY: AA: PRE ENT/ IT HELL C NSTRUCTION RJA/cnm RJAdskl.Agts\a:FDOT&CMB.AGT Rev.3-8-94 FORM APPR i LEG /IP . I 410, • By �``' — -� Date 24.74 5