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2001-24314 RESO RESOLUTION NO. 2001~24314 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SHORT-TERM LEASE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE UTILIZATION OF THE EXISTING HARD PACK AREA, SEAWARD OF THE PUBLIC PARKING LOT AT 3501 COLLINS AVENUE, FOR THE TEMPORARY PLACEMENT OF TWO TRAILERS THAT WILL SERVE AS OFFICES FOR CONSTRUCTION ADMINISTRATION AND PUBLIC INVOLVEMENT PROGRAM PURPOSES OF THE COLLINS A VENUE RECONSTRUCTION PROJECT, FROM LINCOLN ROAD TO 26TH STREET. WHEREAS, the Florida Department of Transportation (FDOT) has scheduled a roadway reconstruction project for Collins A venue, from Lincoln Road to 26th Street, which will be implemented in two phase, between April 2001, and October 2002 (the Project); and WHEREAS, under provisions of the Project, FDOT is required to provide office space for the construction administrators and public involvement prograrn consultants; and WHEREAS, after considering several City-owned sites, the hard-pack area seaward of the public parking lot at 3501 Collins Avenue, has been selected as the best available location; and WHEREAS, FDOT wishes to place two (2) office trailers at the site, in advance of the Project's inception date of April 16, 2001; and WHEREAS, FDOT is required to execute a eleven-month Lease Agreement with the City for the purpose. NOW, THEREFORE, BE IT 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 attached Short-Term Lease Agreement with the Florida Department of Transportation (FDOT) for the utilization of the existing hard-pack area, seaward of the public parking lot at 3501 Collins Avenue, for the temporary placement of two trailers that will serve as offices for construction administration and public involvement program purposes of the Collins A venue reconstruction project, from Lincoln Road to 26th Street. PASSED AND APPROVED this the 28th day of March , 2001. ATTEST: ~6' f~ ITY CLERK ~ MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXl:CUTION F,\W~Tl<":\AMIllJA'fl>CmTRAl:U'.RS.C:OL 4r.~ ~- ;)-l----d/ '15" Date \ CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\cl.miami-beach.fl,us TO: FROM: SUBJECT: COMMISSION MEMORANDUM NO. Iglo-OI Mayor Neisen O. Kasdin and Members of the City Conunission DATE: March 28, 2001 Jorge M. Gonzalez City Manager 01) A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN SHORT TERM LEASE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE UTILIZATION OF THE EXISTING HARD PACK AREA, SEAWARD OF THE PUBLIC PARKING LOT AT 3501 COLLINS AVENUE, FOR THE TEMPORARY PLACEMENT OF TWO TRAILERS THAT WILL SERVE AS OFFICES FOR CONSTRUCTION ADMINISTRATION AND PUBLIC INVOLVEMENT PROGRAM PURPOSES OF THE COLLINS A VENUE RECONSTRUCTION PROJECT, FROM LINCOLN ROAD TO 26TH STREET. ADMINISTRA TION RECOMMENDATION Adopt the Resolution. ANALYSIS The Florida Department of Transportation (FDOT) has scheduled a roadway reconstruction project for Collins A venue, from Lincoln Road to 26th Street (the Project), which will be implemented in two phases, as follows: Phase I Phase II Lincoln Road to 22nd Street, from April 16 to mid December 2001; and 22nd to 26th Streets, from April to October 2002. Under provisions of the Project, FDOT is required to provide office space for construction administration and public involvement program purposes. After considering the pros and cons of different nearby sites, the hard-pack area located seaward of the public parking lot at 3501 Collins A venue, owned by the City, has been selected as the best available property to accommodate the two (2) trailers FDOT wishes to install at the above-mentioned location, Under provisions of this eleven-month Lease Agreement, FDOT will restore the property to its original condition, after the temporary use has ceased. In addition, FDOT agrees to indemnify and hold the City harmless for personal injury or property damage claims, liability, losses, etc" that may arise from FDOT's, andlor its agents, employees, and invitee's negligence during the use and operation of the premises as the Project's office trailer area. AGENDA ITEM ~l E DATE '3,-28-01 March 28, 2001 Commission Memorandurn Lease Agreement with FDOT Page 2 Due to the fact that the project inception date of April 16, 2001 is fast approaching, the Administration recommends approval of the Resolution and its companion Short-Term Lease Agreement with FDOT. tl-U--.1"'>>. JG/CC&.m'Br:P.f1 AJ ~ Attachments F~WORK\$l1lAIAMl!LIA'I'OOTI~,a:n. SHORT -TERM LEASE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH (CITY) AND THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE PLACEMENT OF TWO OFFICE TRAILERS ON CITY PROPERTY FOR PURPOSES OF THE COLLINS A VENUE RECONSTRUCTION PROJECT This Short-Term Lease Agreement (Agreement), entered into this 28th day of March 2001, by and between the CITY OF MIAMI BEACH, Florida (hereafter referred to as LESSOR or City), and the Florida Department of Transportation, District Six (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: I. LESSOR leases to LESSEE that real property below (hereafter referred to as the Premises), and as set forth in the sketch, attached as Exhibit "A" hereto: 3500 Block of CoIlins Avenue, East Side. Legal Description: Beachfront Park (R-28) portion of Public Parking Lot #P-16E, Lots 1-8, Block 23 (5-8) I Amnd" Miami Beach Improvement Co's Oceanfront Property. 2. The Term of this Agreement shall be for a period of eleven-month and 28 days, said term commencing on the date that the LESSEE first installs the two (2) office trailers and fences-in the Premises, or April 16, 2001, whichever occurs first. 3, The Premises shall be used by LESSEE for the temporary installation of two (2) office trailers that will be utilized respectively by FDOT and its general contractor, Central Florida Equiprnent, and Bridge HousefCommunikatz Joint Venture, the consultants for the public involvement program, in the performance of duties related to the reconstruction project on SR AINColIins A venue, from Lincoln Road to 26th Street (the Project), The Premises will be utilized 24 hours per day, seven days per week, holidays included, solely to serve as temporary offices for construction administration and public involvernent program personnel. 4. LESSEE's, either directly or through its Contractor, shall be responsible for securing the Premises by placing and maintaining, at its sole cost and expense, a temporary chain-link fence around its perirneter, 5. LESSEE shall operate within the boundaries of the Premises and shall maintain same in a sanitary condition and in accordance with Federal, State and Local environmental agency regulations, and the rules, regulations, ordinances and permits of the City of Miami Beach, Miami-Dade County, and the State of Florida. 6. Noise and disruption to the immediate neighborhood shall be kept to a minimum, and construction hours shall be limited to 8:00 a,m. to 9:00 p.m., six days a week, whenever possible, as established by Resolution No, 2000-23917, dated May 10, 2000, 7. LESSOR shall charge LESSEE a rate for lease of the Premises, for the Term provided herein, in the amount of one dollar ($1.00), 8, LESSEE warrants to LESSOR that LESSEE is adequately insured with regard to the Project and the Premises. To that end, the parties acknowledge that FDOT, as an agency of the State of Florida, is self-insured. However, Lessee herein warrants to Lessor that the construction contract let to accomplish the Project purposes shall contain a provision requiring all construction contractors, including but not limited to Central Florida Equipment, to acquire and rnaintain in full force and effect throughout the term of this Agreement, commercial general liability insurance coverage in the amount of $1,000,000 per occurrence for bodily injury and property damage, All policies shall also contain coverage for Premises operations, and name LESSOR as additional insured. A copy of the contractors' certificates of insurances shall be submitted to the LESSOR's Risk Management Division prior to the commencement of work. 9. 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. 10. 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 on to the premises where there is result of loss, theft, damage, or any other type of casualty which may occur, l1. 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 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. 2 . 12. INDEMNIFICATION: In consideration ofthe 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 extent of the limitations included in Florida Statute 768.28, subject to the provision herein whereby the LESSEE shaU not be held liable to pay personal injury or property damage claims, or judgment by anyone person which exceeds the amount of $100,000 or any claim or portions thereof, which, when totaled with aU other claims or judgment against LESSEE arising out of the same incident or occurrence, exceed the sum of $200,000; from any and aU personal injury or property damage claims, liability, losses and cause of action resulting from the LESSEE's, and/or its agents, employees and/or invitees' negligence in its use and operation of the Premises for the purpose stated herein. Additionally, Lessee shaU assure that any and all contractors using the Premises for the purpose(s) provided herein, including but not limited to Central Florida Equipment and Bridge House/Communikatz Joint Venture, shaU agree to indemnify, defend, and hold the City harmless from any and aU personal injury or property damage claims, liability, losses, and cause of action resulting from their use and operation of the Premises for the purpose(s) stated herein, However, nothing herein shaU be deemed to indemnify the City for any liability and claim arising out of 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 shaU operate as a waiver as to third parties of either the City or the LESSEE's sovereign immunity under Florida Statute 768.28. 13, TERMINATION FOR CONVENIENCE: Either party to this Agreement may terminate this Agreement, with or without cause, upon sixty (60) days written notice to the other party. 14, NOTICES: Notices under this Agreement shall be delivered as foUows: TO LESSOR: Matthew Schwartz, Assistant City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 With copies to: Murray Dubbin, City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 3 TO LESSEE: Mario L. Cabrera, Project Manager Florida Department of Transportation District Six Construction 1000 NW ll1th Avenue Miami, Florida 33172 15. This Agreement shall not be assigned without the prior written consent of both parties hereto. 16. Upon expiration or 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 sixty (60) days following the occurrence, LESSEE fails to repair or replace any damage to the Premises caused by the LESSEE, its agents, its ernployees or invitees, the LESSOR may, at its option, cause all required renovations, maintenance, repairs or replacements to be made, and LESSEE will be charge for all costs. 4 WHEREFORE, the parties hereto have cause their proper officers to affix their signatures and seals on the date first set forth above. CITY OF MIAMI BEACH I Lessor ATTEST: MAYO~ Uwr rdA~ CITY CLERK FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT SIX I Lessee ArrEST: DI~~ f>>r 1J1J:~pr~ !3--x uh'J/e- e1U'." · r::r- . APPROVED AS TO FORM & LANGUAGe . FOR EXECUTION APPROVED AS TO FORM CONTENT AND LEGALITY ,1/1 ~3-;;;;-dJ ;. ftz€-hJ~ r,\WO!l.K\IT!lAIAMEUA'I'lXl'I'UlfoSEAGR,TIlA 5 EXHIBIT "A" TO LEASE AGREEMENT 3500 Block of Collins A venue, East Side Legal Description: Beachfront Park (R-28) portion of Public Parking Lot # P-16E, Lots 1-8, Block 23 (5-8) I Amnd, Miami Beach Improvement Co's Oceanfront Property, 6 RESOLUTION NO. 2000-23917 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACKNOWLEDGING NEW CONSTRUCTION HOURS FOR A ROADWAY PROJECT ON AlA/COLLINS AVENUE, FROM LINCOLN ROAD TO 26TH STREET, AS PROPOSED BY THE ADMINISTRATION AND THE FLORIDA DEPARTMENT OF TRANSPORT AnON (FDOT), AND ALLOWED BY THE MIAMI BEACH CITY CODE, CHAPTER 46., ARTICLE IV., SUBSECTIONS 46-156(2)(a) AND 46-157(8); THE NEW CONSTRUCTION HOURS BEING FROM 8:00 A.M. TO 9:00 P.M., SIX DAYS A WEEK, FROM LATE APRIL 2001, TO EARLY JULY 2002, OR APPROXIMATELY SIXTEEN MONTHS; AND FURTHER ENCOURAGING THE CITY AND FDOT TO KEEP THE NOISE LEVELS DOWN FROM 8:00 A.M. TO 9:00 A.M., AND PRESCRIBE ANY REASONABLE CONDITIONS NECESSARY TO MINIMIZE THE POTENTIAL ADVERSE EFFECTS TO THE COMMUNITY. WHEREAS, the Florida Department of Transportation (FDOT) has programmed a roadway reconstruction project for AlA/Collins Avenue, from Lincoln Road to 26th Street, beginning in late April 2001, and ending in early July 2002 (Project); and WHEREAS, the Project has been divided into two segments to guarantee that construction is completed within the first segment, the hotel area from Lincoln Road to 23rd Street, prior to the tourist season or no later than early December 2001; and WHEREAS, in negotiations with FDOT, the Administration was able to reduce the construction timeline from the original 2,5 years to the above-mentioned sixteen (I 6) months, but only if longer construction hours are permitted for this Project; and WHEREAS, Chapter 46. "Environment," Article IV. "Noise," Section 46-156 "Temporary Permits," and Section 46-157 "Exemptions," Sub-Section (8) allow for certain "activities of a temporary duration" to be exempted, administratively, from the regular construction hours established by Sub-Section 46-156(2)(a) " Construction Hours," of the CityCode; and WHEREAS, both the Administration and FDOT are proposing new construction hours for the Project and, although not required by the City Code, wish to have them acknowledged by the Mayor and City Commission, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby acknowledge new construction hours for a roadway project on A1NCollins Avenue, from Lincoln Road to 26th Street, as proposed by the Administration and the Florida Department of Transportation (FDOT), and allowed by the Miami Beach City Code, Chapter 46., Article IV" Sub-Sections 46-156(2)(a) and 46-157(8); the new construction hours being from 8:00 A.M. to 9:00 P,M., six days a week, from late April 2001, to early July 2002, or approximately sixteen months; and further encourage the City and FDOT to keep the noise levels down from 8:00 A.M. to 9:00 A.M., and prescribe any reasonable conditions necessary to minimize the potential adverse effects to the community. PASSED AND APPROVED this the 10th day of May ,2000. MAYO!J ATTEST: jlluJ fct~LCv- CITY CLERK '''''1A.~^IJ.'''MI'JJ'''\I.l)I'l<lN:OIJJN>lI_'''I'O APPROVED J>.S TO FORM & LANGUAGE 2. fOR EXECUTION .1g /flOljL ,<Iii/I.,?} '\y '''"''' '~ I .. '~I RESOLUTION NO. 381--2001 A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY (RDA), FLORIDA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE A SHORT-TERM LEASE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORT A TION (FDOT) FOR THE TEMPORARY UTILIZATION OF THE RDA.OWNED PROPERTY, LOCATED AT 300 23RD STREET, AND ALSO KNOWN AS THE 'FRUIT STAND' PARCEL, AS A STAGING AREA FOR FDOT'S GENERAL CONTRACTOR, CENTRAL FLORIDA EQUIPMENT, DURING THE RECONSTRUCTION OF COLLINS A VENUE, FROM LINCOLN ROAD TO 26TH STREET. WHEREAS, the Florida Department of Transportation (FDOT) has scheduled a roadway reconstruction project for Collins Avenue, from Lincoln Road to 26th Street, which will be implemented in two phases, between April 16, 2001, and October 2002 (the Project); and WHEREAS, FDOT is required to provide a temporary staging area for storage of materials and equipment that will be used by its contractor for the Project, Central Florida Equipment; and WHEREAS, after considering several nearby sites, the property at 300 23rd Street (Parcel 4), also known as the 'Fruit Stand' Parcel, has been selected as the best available location; and WHEREAS, the property needs to be fenced-in by FDOT's contractor in advance of the Project inception date of April 16, 2001; and WHEREAS, the property is owned by the Miami Beach Redevelopment Agency (RDA), requiring RDA approval for any temporarily uses other than those of the RDA; and WHEREAS, FDOT is required to enter into a short-term (eleven-month) Lease Agreement with the RDA for the property in question_ NOW, THEREFORE, BE IT RESOLVED BY THE CHAIRMAN AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY (RDA), FLORIDA, that the Chairman and Secretary be hereby authorized to execute the attached Short-Term Lease Agreement with the Florida Department of Transportation (FDOT) for the ternporary utilization of the RDA- owned property, located at 300 23rd Street, and also known as the 'Fruit Stand' Parcel, as a staging area for FDOT' s general contractor, Central Florida Equipment, during the reconstruction of Collins A venue, from Lincoln Road to 26th Street. PASSED AND APPROVED this the 28th of March ,2001. APPROVED AS TO ATTEST' FORM" LANGUAGE ltL. . ft .. FOR EXECUTION .w~ M~ SECRETARY .IIJJiII(~ ~:l-VI 1/11 CHAIRMAN :ITY OF MIAMI BEACH ;ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 lttp:\\ci.miami-beach.fl.us TO: FROM: SUBJECT: COMMISSION MEMORANDUM NO. 0/- \ <0 Mayor Neisen O. Kasdin and Members of the City Commission DATE: March 28, 2001 Jorge M. Gonzalez City Manager ~VC) A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY (RDA), AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE A SHORT-TERM LEASE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORT A TION (FDOT) FOR THE TEMPORARY UTILIZATION OF OF A PROPERTY OWNED BY THE RDA, KNOWN AS 300 23RD STREET - THE 'FRUIT STAND' PARCEL, AS A STAGING AREA FOR FDOT'S GENERAL CONTRACTOR, CENTRAL FLORIDA EQUIPMENT, DURING THE RECONSTRUCTION OF COLLINS A VENUE, FROM LINCOLN ROAD TO 26TH STREET. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS The Florida Department of Transportation (FDOT) has scheduled a roadway reconstruction project (the Project) for Collins A venue, from Lincoln Road to 26th Street, which will be irnplemented in two phases, as follows: Phase I Phase II Lincoln Road to 22nd Street, from April 16 to mid December 2001; and 22nd Street to 26th Street, from ApriI to October 2002. FDOT is required to provide a temporary staging area, within the construction project area, for storage of rnaterials and equipment that will be used by its general contractor, Central Florida Equipment. After considering the pros and cons of several local sites, the property at 300 23rd Street (Parcel 4), known as the 'Fruit Stand' Parcel, is hereby recommended for your consideration, since it is under Redevelopment Agency (RDA) control. Under provisions of this eleven-month Lease Agreement, FDOT will ensure that its general contractor, Central Florida Equipment, restores the property to its original condition, after the temporary use has ceased_ In addition, FDOT agrees to indemnify and hold the RDA harmless for personal injury or property damage claims, liability, losses, etc., that may arise from FOOT's, and/or its agents, employees, and invitee's negligence during the use and operation of the premises as a construction staging area. AGENDA ITEM 2...6 DATE 3-"2.8--D L . . March 28, 2001 RDA Memorandum Lease Agreement/Fruit Stand Parcel Page 2 Due to the fact that the staging area needs to be fenced-in by the general contractor in advance of the Project inception date (April 16, 2001), the Administration recommends approval of the Resolution and its companion Short-Term Lease Agreement with FOOT, JGI85~lft/AJ ~ Attachments PWi()'U('$TllA~'ftX1l'WI"AOINCI,COL SHORT-TERM LEASE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH REDEVELOPMENT AGENCY (RDA) AND THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE TEMPORARY PLACEMENT OF A STAGING AREA ON RDA PROPERTY FOR PURPOSES OF THE COLLINS A VENUE RECONSTRUCTION PROJECT This Short-Term Lease Agreement (Agreement), entered into this 28th day of March 2001, by and between the MIAMI BEACH REDEVELOPMENT AGENCY, Florida (hereafter referred to as LESSOR or RDA), and the Florida Department of Transportation, District Six (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 that real property below (hereafter referred to as the Premises), and as set forth in the sketch, attached as Exhibit "A" hereto: 300 23rd Street, also known as the 'Fruit Stand' Parcel Legal Description: Miami Beach Improvement Co's PB 5-7, Lots 1 & 3 & N 25 feet of Lots 2 & 4, less N 10 feet of Lots 1 & 3, Block l. Lot size 16,800 sq.ft. 2. The Term of this Agreement shall be for a period of eleven-rnonth and 28 days, said term commencing on the date that the LESSEE first installs the two (2) office trailers and fences-in the Premises, or April 16, 2001, whichever occurs first. 3. The Premises shall be used by LESSEE and its contractor, Central Florida Equipment, 24 hours per day, seven days per week, holidays included, solely for the temporary placement of a staging area to store construction vehicles and materials, including but not limited to, heavy equipment, trucks and other construction machinery, all related to Contractor's work on the SR AlA/Collins Avenue Reconstruction Project, from Lincoln Road to 26th Street (the Project). 4. LESSEE's, either directly or through its Contractor, shall be responsible for securing the Premises by placing and maintaining, at its sole cost and expense, a temporary chain-link fence around its perimeter. 5. LESSEE shall operate within the boundaries of the Premises and shall maintain same in a sanitary condition and in accordance with Federal, State and Local environmental agency regulations, and the rules, regulations, ordinances and permits of the City of Miami Beach, Miami-Dade County, and the State of Florida, 6. Noise and disruption to the immediate neighborhood shall be kept to a minimum, and construction hours shall be limited to 8:00 a.m. to 9:00 p.m., six days a week, whenever possible, as established by Resolution No. 2000-23917, dated May 10,2000. 7. LESSOR shall charge LESSEE a rate for lease of the Premises, for the Term provided herein, in the amount of one dollar ($1.00). 8. LESSEE warrants to LESSOR that LESSEE is adequately insured with regard to the Project and the Premises. To that end, the parties acknowledge that FDOT, as an agency of the State of Florida, is self-insured. However, Lessee herein warrants to Lessor that the construction contract let to accomplish the Project purposes shall contain a provision requiring all construction contractors, including but not limited to Central Florida Equipment, to acquire and rnaintain in full force and effect throughout the term of this Agreement, commercial general liability insurance coverage in the amount of $1,000,000 per occurrence for bodily injury and property damage. All policies shall also contain coverage for Premises operations, and name LESSOR as additional insured. A copy of the contractors' certificates of insurances shall be submitted to the LESSOR's Risk Management Division prior to the commencernent of work. 9. 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. 10. 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 ernployees, invitees, contractors, agents, or any other person entering the Premises in conjunction with this Agreement, as well as any equipment or personal property brought on to the premises where there is result of loss, theft, damage, or any other type of casualty which may occur. 11. 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 rnaintaining 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 rnay result in LESSOR revoking the Agreement or providing for cleanup services and charging the costs of this service back to the LESSEE. 2 12. INDEMNIFICATION: In consideration of the RDA's permission for LESSEE's and/or its agents, employees, and/or invitees' occupancy and use of the Prernises during the terms of this Agreement, LESSEE agrees to indemnify, defend, and hold the RDA harmless, to the extent of the limitations included in Florida Statute 768.28, subject to the provision herein whereby the LESSEE shall not be held liable to pay personal injury or property damage claims, or judgment by anyone person which exceeds the amount of $100,000 or any claim or portions thereof, which, when totaled with all other claims or judgment against 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 cause of action resulting from the LESSEE's, and/or its agents, employees and/or invitees' negligence in its use and operation of the Premises for the purpose stated herein. Additionally, Lessee shall assure that any and all contractors using the Premises for the purpose(s) provided herein, including but not limited to Central Florida Equipment, shall agree to indemnify, defend, and hold the RDA harmless from any and all personal injury or property damage claims, liability, lossess, and cause of action resulting from their use and operation of the Premises for the purpose(s) stated herein. However, nothing herein shall be deemed to indemnify the RDA for any liability and claim arising out of its negligence, performance, or failure of performance of the RDA 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 RDA or the LESSEE's sovereign immunity under Florida Statute 768.28. 13. TERMINATION FOR CONVENIENCE: Either party to this Agreement may terminate this Agreernent, with or without cause, upon sixty (60) days written notice to the other party. 14, NOTICES: Notices under this Agreernent shall be delivered as follows: TO LESSOR: Christina Cuervo, Assistant City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 With copies to: Murray Dubbin, City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 3 TO LESSEE: Mario L. Cabrera, Project Manager Florida Department of Transportation District Six Construction 1000 NW l1lth Avenue Miami, Florida 33172 15. This Agreement shall not be assigned without the prior written consent of both parties hereto. 16. Upon expiration or 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 sixty (60) days following the occurrence, LESSEE fails to repair or replace any damage to the Premises caused by the LESSEE, its agents, its employees or invitees, the LESSOR may, at its option, cause all required renovations, maintenance, repairs or replacements to be made, and LESSEE will be charge for all costs. 4 WHEREFORE, the parties hereto have cause their proper officers to affix their signatures and seals on the date first set forth above. MIAMI BEACH REDEVELOPMENT AGENCY I Lessor ATTEST: cnlY ilrtw r P ~d~ , SECRET AR Y FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT SIX I Lessee ATTEST: tlf:z;lR f<i;i~ ye, fltJe, JeCt' h1'~' APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~ ~~~'2.-rdl ~ - 08lll JI "\" \ APPROVED AS 1'0 FORM, CONTENT AND LEGALITY . I~~r) f,\WOIlXISTIlA~~.nA 5 EXHIBIT "A" TO LEASE AGREEMENT 300 23rd Street, also known as the 'Fruit Stand' Parcel Legal Description: Miami Beach Improvement Co's PB 5-7, Lots 1 & 3 & N 25 feet of Lots 2 & 4, less N 10 feet of Lots 1 & 3, Block l. Lot size 16,800 sq,[t. 6 RESOLUTION NO. 2000-23917 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACKNOWLEDGING NEW CONSTRUCTION HOURS FOR A ROADWAY PROJECT ON AlAlCOLLINS AVENUE, FROM LINCOLN ROAD TO 26TH STREET, AS PROPOSED BY THE ADMINISTRATION AND THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), AND ALLOWED BY THE MIAMI BEACH CITY CODE, CHAPTER 46., ARTICLE IV., SUBSECTIONS 46-156(2)(a) AND 46-157(8); THE NEW CONSTRUCTION HOURS BEING FROM 8:00 A.M. TO 9:00 P.M., SIX DAYS A WEEK, FROM LATE APRIL 2001, TO EARLY JULY 2002, OR APPROXIMATELY SIXTEEN MONTHS; AND FURTHER ENCOURAGING THE CITY AND FDOT TO KEEP THE NOISE LEVELS DOWN FROM 8:00 A.M. TO 9:00 A.M., AND PRESCRIBE ANY REASONABLE CONDITIONS NECESSARY TO MINIMIZE THE POTENTIAL ADVERSE EFFECTS TO THE COMMUNITY. WHEREAS, the Florida Department of Transportation (FDOT) has programmed a roadway reconstruction project for A1AlCollins Avenue, from Lincoln Road to 26th Street, beginning in late April 2001, and ending in early July 2002 (Project); and WHEREAS, the Project has been divided into two segments to guarantee that construction is completed within the first segment, the hotel area from Lincoln Road to 23rd Street, prior to the tourist season or no later than early December 2001; and WHEREAS, in negotiations with FDOT, the Administration was able to reduce the construction time1ine from the original 2.5 years to the above-mentioned sixteen (16) months, but only if longer construction hours are permitted for this Project; and WHEREAS, Chapter 46. "Environment," Article IV. "Noise," Section 46-156 "Temporary Permits," and Section 46-157 "Exemptions," Sub-Section (8) allow for certain "activities of a temporary duration" to be exempted, administratively, from the regular construction hours established by Sub-Section 46-156(2)(a)" Construction Hours," of the CityCode; and WHEREAS, both the Administration and FDOT are proposing new construction hours for the Project and, although not required by the City Code, wish to have them acknowledged by the Mayor and City Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby acknowledge new construction hours for a roadway project on Al NCollins A venue, from Lincoln Road to 26th Street, as proposed by the Administration and the Florida Department of Transportation (FDOT), and allowed by the Miami Beach City Code, Chapter 46., Article IV., Sub-Sections 46-1S6(2)(a) and 46-157(8); the new construction hours being from 8:00 A.M. to 9:00 P,M., six days a week, from late April 2001, to early July 2002, or approximately sixteen months; and further encourage the City and FDOT to keep the noise levels down from 8:00 A.M. to 9:00 A.M., and prescribe any reasonable conditions necessary to minimize the potential adverse effects to the community, PASSED AND APPROVED this the 10th day of May ,2000. MAYO!f ATTEST: ?IWJ ~~'LCv- CITY CLERK ,,'ftA'fII^,J."'''I<I.jA\I~~JJ__Wl'D APPROVED I>S TO FORM & tA.'lGUAGE &. fOR EXECUTION .14; IdfkdL 5JI1/h7, ily ,r"""'t '~