Locally Funded Agreement F -
LOCALLY FUNDED AGREEMENT
THIS LOCALLY FUN ED AGREEMENT (hereinafter `Agreement') is made and entered into
this day ofd, 20LI. 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.)
A 1,A/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 (37) decorative light poles, landscape and irrigation along S.R. AIA /Collins Avenue
from 5 th Street to 16t 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. AIA /Collins Avenue from 5 th '
Street to 16 1h 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, associ ated with the installation of the thirty seven, (3 7) decor ative light poles,
landscape and irrigation along S.R. AIA /Collins Avenue, from 5 th Street to 16 th Street, hereinafter,
collectively called the `PROJECT', and as detailed in the attached Exhibit "A ", "Scope 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
Locally Funded Agreement between the City of Aliami Beach
and the Florida Department of Transportation, Financial Project Numbers 250236- 3- 52 -02•
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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
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ii. expressly require any subcontractors performing work or providing I
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
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the signed and sealed PROJECT plans and as detailed in the attached Exhibit "A ",
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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
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`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 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 the 7 th of October 2012, 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 250236 -
3- 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,
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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
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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 final 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
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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 ekpenditure"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
s 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.
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Locally Funded Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project, Number 250236- 3 -52 -02
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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
1,000.NW 111 Avenue, Room 6202B
Miami, Florida 33 f72
Attention: Michelle Loren Meaux, JPA Coordinator
Any party may alter the address to which communications or copies are to be sent by giving
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notice of such change of address in conformity with the provisions of this paragraph for. the
giving of notice.
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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
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This Agreement, including its attached Exhibits, contain the sole and entire Agreement
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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.
11. 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 an 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.
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Locally Funded Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project Number 250236- 3 -52 -02
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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.
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Locally Rinded 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, 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:
CI Y AY R/1 NAGER \ E DI TRICT SECRETARY
... ......... ..... F
INOORP ORATED: * `�
ATTEST: EST/
(SEAL) CI Y CLERK C�j= � EXECUTIV - �ECRETAR
• LEGAL REVIEW:
CITY AT ORNEY DISTRICT CHIEF COUNSE
APPROVED AS TO
FORM & LANGUAGE
& FOR CUT►ON
11 L1
orne Date
Page 10 of 13
Locally Funded Agreement behveen 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 "A I", 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. AlA/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
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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
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Locally Funded Agreement between the City of Aliami Beach
and the Florida Department of Transportation, Financial Project Number 250236- 3 -52 -02
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EXHIBIT `C'
CITY OF MIAMI BEACH RESOLUTION
To be attached hereto and incorporated herein once ratified by the CITY Commission.
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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
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Attachrient B
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this 9 day of �� , 2012,
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 ". _
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WITNESSETH°,
WHEREAS, FDOT is currently constructing the following project: c4
Main Financial Project No.: 250236- 3- 52 -02,
County: Miami -Dade
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hereinafter referred to as the "PROJECT ".
WHEREAS, FDOT and the PARTICIPANT entered into a Locally Funded
Agreement (LFA) dated 20b2, wherein FDOT agreed to perform
certain work on behalf of the ARTICIPANT 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
F ACH deposit
® Check
A wire transfer or ACH deposit is the preferred method of payment and
should be used whenever possible. Following is the wiring and ACH
deposit instructions:
For wire transfers. Bank of America
Account # 001009068974
ABA # 026009593
Chief Financial Officer of Florida
Re DOT — K 11 -78, Financial Project #
For ACH deposits: Bank of America
Account # 001009068974
ABA # 063100277
Chief Financial Officer of Florida
Re: DOT — K 11 -78, Financial Project #
If a check is the method of payment, the check shall be made payable to
the Department of Financial Services, Revenue Processing and mailed to
FDOT, OOC -GAO for appropriate processing at the following address:
Florida Department of Transportation
OOC -GAO, LFA Section
605 Suwannee Street, MS 42B
Tallahassee, Florida 32399
4. FDOT's Comptroller or designee shall be the sole signatories on the escrow
account with the TREASURY and shall have sole authority to authorize
withdrawals from said account.
5. Unless instructed otherwise by the FDOT, all interest accumulated in the
escrow account shall remain in the account for the purposes of the PROJECT
as defined in the LFA.
6. The TREASURY agrees to provide written confirmation of receipt of funds to
FDOT.
7. The TREASURY further agrees to provide periodic reports to FDOT.
ZD12-
STATE CAF FLORIDA j� ATE OF F ORIDA
DEPARTMENT OF TRANSPORTATION DEPARTMENT OF FINANCIAL SERVICES,
COMPTROLLER DIVISION OF TREASURY
A SI NATUR
PARTICIPANT NAME & TITLE
PARTICIPANT ADDRESS
- Qiam fL- 5 : 3
Sq (o Cb00392.
FEDERAL EMPLOYER I.D. NUMBER
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
i VAttom Date
Att C
FLORIDA DEPARTMENT OF TRANSPORTATION
LANDSCAPE IRRIGATION
MAINTENANCE MEMORANDUM OF AGREEMENT
WITH THE
CITY -OF MIAMI BEACH ,
This AGREEMENT, entered into on vt �a 20 by and
between the STATE OF FLORIDA DEPARTME 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.)
AlA /Collins Avenue from 5 th 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 5 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 df 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. 2ZA2-2 - -tq5 + ,dated 18 tom
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 Agreement between Florida Department of Transportation and City of Miami Beach
Page 1 of H-
. 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 75 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 applicabl -e 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,- 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. I
a.. Mowing, cutting and /or trimming and edging the grass
and-turf.
b. Pruning all plant materials, which'`include. trees,
shrub's 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
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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 t - ime to time. All replacement
materials shall'be in accordance with the''Project Plans,
and the Proj,ect.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 missing 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, 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
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.
l 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
Page 3 of 11
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 of 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 the CITY for expenses incurred; or
b. Terminate-this AGREEMENT I 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 Agreement between Florida Department of Transportation and City of Miami Beach
Page 4 of 1 1
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 receipt requested, postage
prepaid, addressed,to the party-to receive such notices. as
follows:
To the DEPARTMENT: Florida Department of Transportation
10.00'Northwest 1,11 Avenue, Room 62,05
Miami, 'Florida',33172 -5800
Attn: District Maintenance Engineer
To the CITY: City of Miami Beach
1700.Convention Center Drive
Miami, Florida 33
Attention: City Manager
A
- Notices shall be deemed to have been rdceived by the end of
five (5)- business days from the proper sending thereof
unless proof of prior actual receipt is provided.
6. 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
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letters, or other materials made or received by the
CITY pertinent to this AGREEMENT which are _subject to
provisions of-Chapter 119, of the,Florida Statutes.
c. Tf 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 of the 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 other 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 11
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 portion s 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_,ef.fective only if made in
writing and executed with the same formality as this
agreement.
h. The section heading s 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 tParty because the
Party or its legal represent " 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 1 1
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 it"s
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-.
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, C,ITY's evaluation of liabi -lity 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
Page 8 of 11.
IN WITNESS WHEREOF, the parties- hereto have caused these
presents to be executed the day and year first above written.
CITY OF MIAMI BEACH: STATE OF FLORIDA.
DEPARTMENT -OF TRANSPORTATION:
BY: BY:
CI ayor Dstrict Director of
T i ansportation Operations
INCORP ORATED'"
ATTEST: �E ; � TTEST : _ -o
CI Clerk �C 26� '� ExecIlative'i'Secret'ay
'►' A , . ,
LEGAL' REVIEW:.
BY: BY:
CITY At orney District Chie Counsel
APPROVED AS TO
FORM & LANGUAGE
& FO XECUTION
it to rney a
Maintenance Memorandum of Agreement between Florida Department.of Transportation and City of Miami Beach
Pa-6 .9 of I I _
� a
-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 Street (M.P. 3.676) to..
16 Street (M.P. 4.660)
County: Miami -Dade
1
Maintenance Memorandum of Agreement between Florida Department of Transportation and, City of Miami Beach
Page 10 of 11. r
r
EXHIBIT `B'
CITY OF MIAMI BEACH RESOLUTION
To.be herein incorporated once ratified by the CITY Board of
Commissioners.
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 1 I of 1 l
Attachment D
Florida .Department of Transportation
RICK SCOTT
GOVERNOR
1000 NW 11 1 Avenue
Miami, Florida 33172 -5800
ANATII MASAI), P.E.
SECRETARY
May 21, 2012
Fred Beckman, P.E.
Public Works Department
1700 Convention Center Drive
Miami, Beach, Florida 33139
ITEM/SEGMENT NO.:
MANAGING DISTRICT:
F.A,P. NO.:
STATE ROAD NO.:
COUNTY:
PARCEL NO(s).:
Dear Mr. Beckman:
2502363
SIX
N/A
SR- AIA (Collins Avenue)
Miami -Dade
801
The Florida Department of Transportation, District VI, is proposing a project on SR A1A / Collins
Avenue from 5 Street to Lincoln Road. This segment consists mainly of commercial and
residential uses and the purpose of the project is to adjust existing sidewalks and ramps to comply
with ADA standards as well as to perform milling and resurfacing of the roadway.
The Department has the need to obtain a donation from City of Miami Beach; pursuant to Section 33 7.29, 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.
ww v.dot.state.flms
Page 2
This project has been fast tracked and will require the City of Miami Beach to transfer Parcels 801 to the
Department no later 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
Enclosures
Cc: Javier Bustamante, Jose Gonzalez, Alejandro Casals, Diego Rivadeneira, Richard Lineberger
www.dot.state.fl.us
07 -PE.13
This instrument prepared by,
or under the direction of,
Alicia Trujillo, Esq,
District Six Chief Comisel
State of Florida
Department of Transportation
1000 N.W. 111 "Avenue
Miami, Florida 33172
May 21, 2012 - NE
Parcel No. : 801.1
Item/Segment No.: 2502363
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.
WITNESSETH: 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 Corner of said Lot 14; thence run S 79 °l 0'36" E, along the North
Line of said Lot, 14, for a distance of 5.36 feet; thence run S 11 1 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 0 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 °5721" W for a
distance of 0.70 feet; thence run S 10 °35'32" W for a distance of 3 8.02 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 of Transportation Maintenance Map, Section 87060-25 81 (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
111.32 feet to the POINT OF BEGINNING.
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 Cleric
By:
Its Mayor
l
14t g ot -t' 3euGk, F L• 3 3� 3 9
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:
w ': A
Date
2 of 6
E X H IBI T "A"
LEGA INSCR1PT101 - PWEL 8011
A p00*1 of bind bbhW j- O .1t9g1'tfQA Of We Q. 13 and 14, 014Ck IS of OCEAW XAcN FLA.
ADDITI(W w$. 3., 4=041" to *140 PlOf r'eafr, 00 emeardlorl to Plot paaH 21 Pogo 56 a`r
tt1E1 A01 t o .Rvopro:v of m1 cmi-•pa4fe Calzielty, F larl.0a 401 b8102 010ell WfTOul4r'Iy debteltIA)et
on fo llovat l
FmA thg Ply WT or 2E61halwa at this :N or"th mAt C1yemar at adio of I A I thunco run
5 19.10'36" S. oton1 thO NW1h Llrra: at Said L0 IA, for a diatence Of S.36 feetl ttletmA
roM S 11 * f11r a dtoterwe of 2$•..44 fvv## 1homm rum S 41 E for a dlalanao
Of 1,11,15 40-v1 th'WAC* ruri S 1 v 22'd91* 9 for tl ijI*tar>W of 9.00 fp1t1 th4acq3 run
N 0*57 W far a dI#'f&v* at Im - Featt thvrl� run S 11 "OD'82" V. for a Watonae of
15.13 ft tt thwme run 14 T9 °5T r for m d1olavt of ONTO fgoff thw4b run
5 I0 Sy for o 4 16ton1N11 of E D2 faat 1116m. * rum S 711"$E'flli' I~ tar a Itidltt111C4s 1}f
044 to tt ftf,;y " run S 10 11 for b 01 t(inve of 19,43 foot, ttw nc* run
R T11a2a'.1 " W PW a d1xfapv* of 5.511 fo(mt. to fkW point of 'tnterrllratIon wrlth ttw 6aet
Rl,aht 04 Wxty Lift Of Stott Road A-I -A t 011 trt,o Av-?tnurfi 0a eVvA on the f l arida
D%WjrtiYn# Of N4zIntwKmv0 t p, $,Mttom 07I3611.715$l {, Std R1tpit or Any
Lim alao Boil' tho wo t Llaea of Wtd. L ota. 12. 13 and 144 thatnol. fv4 N 10*4 1 26" r,
al wV s old 0111f of fk y L IM, a 01st~ of 11142 fovat to tha Mtj'1[I1''t OF 9101 Ittl Ntl,
Cfmtorhi g sol t;q WO Foo 146re ap 1$0111.
OEIdERAL 9016raa
THIS Is my A SURVEt
Roprlf"tIO06 of thI S MP) "0 Prat v1ll tt1 WOW th4i dlt 0twr°A and orl9t"l r*%Nd som
of 1110 Florid* LtGtM64 Surw:ayOr anal I40pc'tr In r68"A610te (,her9a.
Ltlngol aMa n lwar°drars W oro not oWfiradtod by thu X off Tafl for 11 jorif'i-10f •w.oyt. 41COO 4011 of
rgCgrtlt rID aLylQntlarsrrtllotRB 04,04 rlstetetlarta or M Aef af, -604. Tt11e
1001M#10% ttiawlO bo a1ltolrwO Whv`otigh approprtate t4, efftectlan
• 11t;Mt Of way tofoe400fl*ll 1d. baiml peon thu Irlarlo Cepartuant of Tr+anspartatloll
W nfananaA top„ Ftnomtal IPra�!�Q 1~ RIM;4114 Soutlan $7060. 21191.
$cee1In9 Inforrrratlan and b4artmas o1 vn Memory oviA raftrrmand to tt16 Vw.ol Inv of
5mvcy of Stim Ilontll 1k•l -A tOollins Av$rwal, hovlrlp a 1�%crlru of it 111 E,, ovi ahavnrr
nn that 1'Idp4did l0epprtmont pf Trampartottan PlrOloot 1S1f -ark igomfeol for sold Pat*
Ruad A*I•A 149I11ns Avxnusl, FTrlpnalrlt Pfoject $a. 25036 .1.52.01., Fr'eparecl by
Conml -'Toth U"mylmg arKa mapp1ln; Dat*d :kipy 1$, 201 Co
011MnSIOM tfom an toh oro dolaulaf ta**d on fhs gay 0.6*lgn d1gTtal ITIft
t.r6vided 111 Wu Flartoo oe wt"r It of Tr'•om1parratten unle -0 ofhAe Oho n,
• Addiftgnll andAw doe+lans to 4wvay Nop#, talt+$taheo or rieporto by cgly peti*' *Wor than
fho 51gntng party Wo pe'lattib w1fricut ftttG, Wittatt 40rlOom of thij 5194111nip, pvtlt.
• `•'- ,'t d , 6Xw?; e ;r +- n:,,v� ,»x rra,AC`,' S ( LA •`i. �5,..
5EL Ir I t1 P'. Mt 044E
m1,r f rs trfa I x f 1 sllha f:� PII(WESSltlNAL +SUIfFFPVOFI AND 94W90 rx rr �f IFLCW 104 L, I CENSE NQx $290
t a 1 V14,
.�u Ia" r �re Try
FLORID4 019PART14.147 pF Tn�ht1't1a,l+0GAFr4k1It1N+1
SKETCH TO ACCOOOPANY LEGAL DESCRIPT
STATE 111040 NO. A•1.1, MIAMI -049 COUNTY
- FY carx :ikpu'a. § N,a ... -. .. hi.TA NUvPcgs
9MNItt IY.IIYUdCA ptlrifq /1�
can l =z rnr'T:"1 *.6L5r 1NN. 4M Y' 9CC or r, lMa?i? AACJ E
9
A[•t; ttly N+ aA +�tC @r.Fp i.k>fll tl4.K1401.1 t'•M. Np. $"1d$56.9 "Sg•{YI SECTION $ ° tlbGd . isr7i;,$T 1
3 of 6
PAEti; N
ER - S NAME I PARCEL AREA
I REMAINDER
I COMWNTSr
001
UP I SEAUH 6€7F1 SO- =T.
2O.S4F SQ. FT.
�{ dZ a•
S• TV �•� iw£.
—..... -------------- •------- _ - - -.e
t — s 1 �'3�3' 12 ° � •x.36 �
_39.02` ' - C11E7 .79.40 iM03<TT{15C11LEI 34. It 1
35.69 -IRTS J
S Ir ■no - v 19.13' 37.24 36t•5S'IpTt
3je 'ZRFt N WIIT'12 W $ D6 °'d'1�+1`a S 0I ]R Ei
i 1.56'
0
rn
tr
LrVZkIFr ------------- - -- -_ - - -- - - -_-
1 sir WErrrl
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RM. FT OFFSET A]011T OF
SURM ELINE
ICERK BAS
INISS srhit rx" it- -A 14.11!. CORRIl9 LOT ;14
1.I SIATJ Su51tiES5 st PO INT OF 9E�IfMING
Plow . SHAT {1M -15.00
Pr 1 . i -03.56 t4 si 111 Avam l E1313'4 PAM #Q. FT. a Sgmm FEET 34.00•tR7
EXIST. LJZ11TIND 6Q1 INC _ :u ifl *A7'35° E rEt_� rikrttE
lu .htPa -- �-- �.. �Q � •rI+? t
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4.%
_CI OAK BED= FLA. AW171014 NO. 2
-r/
this a QaAreira at ,sa al alxets 1 $ PG. 0 10 20 4D 6th B�
" ter amor. $6011 e ! " 20'
`
�-- --�-- sr�rEo- ua. a 1.11 +.111.0+ raA
FLORIDA t1EP�E71Et�i OF il�SPl3Ai�iil�tl __. r —,
S� TCH �0 ACCOMPANY LEM DESCR MOM 2kKN d s1 - aea �" 1113HFk1: Ic[ riB n�l�s� �Mn► a1 qtr ®r_
a ..� ai aug ts9t> tlGea S+A1+�i F.R. 11a. 3frS - $E { i l ly l r $ i1E
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. 111`' Avenue
Miami, Florida 33172
May 21, 2012 - NE
Parcel No. .801.1
Item/Segment No.: 2502363
Managing District: 6
RESOLUTION
ON MOTION of Commissioner , seconded by Commissioner
, the following Resolution was adopted:
WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road
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
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
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,
5 of 6
STATE OF FLORIDA
CITY OF MIAMI -DAVE
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
(Affix County Seal)
Its Chair (or Vice - Chair)
(Address)
6 of 6
P C?
of 1
EASEMENT NEEDED FROM
THE CITY OF MIAMI BEACH
Flu
. 4
T
MAtCN r, jNE 35466.00
A1: +IKo' e0 1*11, to, 090%l C+ TAIg pVl^ f$ F41 IAY AW%It, �I Le AOS%kD NO 11AL57 VW 4 MAP OWA44 e,d'Y. 0.A C.
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
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,
• --
l
Z
Owner's Type or Print Property
Lah/ 1- rI
Street Address
City, State, Zip Code
Date
www.dot,state.fl.us
575 -030.12
RIGHT OF WAY
06/99
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.
ORIGINAL:
Parcel File
COPIES:
Owner(s)
COLLINS COUP :
R d x
I := :LLINS COURT COLLINS COURT
d
a l
RJW UNE
t
�, A .:
LIMIT OF
MILLING AND
i w
RawHF O
BEGIN COAST. C&O TYPE F ,1
a
J y
I
EXIST- �®
574.9+10.00
HATCH TO EXIST.
I _
,Feet
9+52.57
J
R7W LINE
11.62 fRT1
IN=GlH L'ONST_ CW TYPE F
'
BEGIN COAST. SIDEWALK
MATCH TO EXJST-
MATCH TO EXIST_
9+48_% '
9 +64.10
12.43 ILT)
73J4 IRTJ
END SPECIAL
%p
tl t
a I
BEGIN !XlHST. SIDEWALK
GUTTER PROFILE
MATCH TO EXIST- h
31+W4O (LT;
I
9+6/J3 BEGIN SPECIAL
BEGIN SPECIAL
!2.46 ILTI GUTTER PROFILE
GTER PROFILE END SPECIAL
LIT
I
_
32 +75.00 (LT1
30 +75.00 (LT1 GUTTER PIOFIIE
T END SPECIAL
31 +50.8!(LTl
GUTTER PROFILE
[XMIST. OTH ST EET
R/W LINE
i
33+00•(10 MT)
RAW UXE +55. — — _ +31-17
O
B +89.95
WRVEY
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_ __ _ _- _ _ _ _ _ _ - _ _ -= '_ _
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M [LUNG AND RESURFACING `_' '
'
YlLLJNG AND R Es 50M
_ _ _ _ ---------
`
_ ____
?
r
a
mPE F
/LF
OF � M
R' ALA COLLINS AVENUE
/
COWT ow ___ __ ____________ _ __
SOD
- +
SOD
_ y
,y _ __ _ •_
. tE'WN-
2---�T(RT7-
_
•
-
• .%„ -., R,W LINE
END SPECIAL =' FIRE HYDRANT,
i
1
BEGIN SPECIAL IiiW LINE R-T UNE y�,
GUTTER PROFILE END SPECIAL �g � - a{- 7
GUTTER PROFILE TO BE RELOCATED
32 +29.25 (RT) GUTTER PROFILE - BEGIN SPECIAL SPECIAL
30+ 81.08 IRTJ I
ENO C'OHST C&G TYPE F
I
F7R£ HYDRANT, TO 33+0040 IRTJ GUTTER PROFILE END
GUTTER PROFILE
END COAST- SIDEWALK • '
I
8£ RELOCATED 34+25.00 (RT), 35+25.00 tRT)
DECORATIVE
MATCH TO EXIST.
10
I .p
ING SIDEWALK TO REMAIN.
SAWCUT EXIST. SJDEWALK ON EACH SIDE AND
25.017 (RT)
=
ALONG EXIST. BACK OF CURB, MATCH DECORATIVE
WALK ON EACH SIDE. HISTORICALLY SIGNIFpAVT
• G
T
1DE7WALK TO BE PRESERVED
BEGIN COAST. C&G TYPE F r '
+20.06 34.8' IRTJ
MATCH TO EXIST.
COAST.
END SIDEWALK
10+36-16
ATCH TO EXIST- -
1f+42.32T1
10+3&0
I
2540 (LT)
R/W L1N
2
LIMIT OF
MILLING AND LEGEND
•
RESURFACING DENOTES WIDENING
w
I
!ATCH TO EXIST.
STA. O +90.00 �-'!-� DENOTES CONC. SWK 4
IM E H DR - Z % V:
LINE
DENOTES LKENSE AGREEMENT
OEN()TES DETECTABLE
WARNIAT, D OMES — — —
_
— — —
SEE INTERSECTION DETAIL SHEET
_ _ OCEAN COURT FOR MORE INFORMATION
-- - _ - _ _ . _ OCEAN COURT
-- - --
OCEAN COUR -F - : J r • ::
--1
L,_
2 ' : "t
s
_
DATE
REVI5/ON5
ON
DATE
DESCRIPTION
FOOT DISTRICT SIX
HEIDI SOLAUH DIMINWEZ, P -E-
STATE OPFLORPDA
�DEPAR7AURNT OF TRANSPORTAT30N
SHEET
NO.
low N.W- RUTH AVENUE
ROAD WAY PLAN
RO1]l
ROAD NO.
COUNTY
FINANCIAL PROJECT ID
MfAMJ, FLDRJDA 33172
24
P.E. NO- 59507
AIA
MIAMI -DADS
250236- 3 -52 -01