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2012-28085 Reso RESOLUTION NO. 2012-28085 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A STORMWATER PUMP STATION AND POLLUTION CONTROL STRUCTURES MAINTENANCE MEMORANDUM OF AGREEMENT, A MEMORANDUM OF AGREEMENT REGARDING OFF-SYSTEM CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS, AND A PERPETUAL EASEMENT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS ALONG 43rd STREET, AND MAINTENANCE OF PUMP STATION AND POLLUTION CONTROL STRUCTURES, AS PART OF THE STATE ROAD A1A/ INDIAN CREEK DRIVE PROJECT, FROM 42nd STREET TO 44th STREET AND STATE ROAD A1A/COLLINS AVENUE/INDIAN CREEK DRIVE PROJECT ALONG 43rd STREET. WHEREAS, the Florida Department of Transportation (FDOT) is planning to construct improvements on State Road (SR) A1A/Indian Creek Drive from 42nd Street to 44th Street and on SR A1A/Collins Avenue/Indian Creek Drive along 43rd Street; and WHEREAS, the Project will include the construction of storm water drainage improvements along 43rd Street which will help alleviate flooding and enhance the City's storm water drainage system and the FDOT storm water drainage system; and WHEREAS, the pump station will serve an area that is approximately 60% City right of way and 40% FDOT right of way; and WHEREAS, the City and FDOT have agreed that FDOT will fund all capital costs for the installation of the pump station, all major repairs to the pump mechanism and structures, and pump replacement when needed, while the City will fund all routine maintenance and minor repairs; and WHEREAS, in order for FDOT to include the construction of the necessary storm water drainage improvements as part of the Project, the execution of various agreements between the City and FDOT is required; and WHEREAS, a Storm Water Pump Stations and Pollution Control Structures Maintenance Memorandum of Agreement is required in order to stipulate the responsibilities of the City and FDOT with respect to the construction, operation, and maintenance of the proposed pump station and pollution control structures to be constructed as part of the Project; and WHEREAS, a Memorandum of Agreement Regarding Off-System Construction and Maintenance of Improvements is required in order for FDOT to perform construction activities within rights-of-way under the jurisdiction of the City, particularly along 43rd Street; and WHEREAS a Perpetual Easement Agreement is required so that FDOT can construct p 9 q the proposed pump station and pollution control structures within City right-of-way, particularly at the 43 rd Street street-end. 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 approve and authorize the Mayor and City Clerk to execute a Stormwater Pump Station and Pollution Control Structures Maintenance Memorandum of Agreement, a Memorandum of Agreement Regarding Off-system Construction and Maintenance of Improvements, and a Perpetual Easement Agreement with the Florida Department of Transportation, for the construction of drainage improvements along 43rd Street, and maintenance of pump station and pollution control structures, as part of the State Road A1A/ Indian Creek Drive Project, from 42nd Street to 44th Street and State Road A1A/Collins Avenue/Indian Creek Drive Project along 43rd Street. PASSED AND ADOPTED THIS f 4k DAY OF JDe(-?M6eQ012. X t A"�0 ATTEST: MAITOR CITY CLERK . � . . . r T:\AGENDA\2012\12-12-12\FDOT Agreements for re 0 _rte..'• .,,.r Y.� i * IIICORP .OI;ATE'D APPROVED AS T4 ORM& NGUAGE FO CUTION me l Date C_UMM1551UN I I LM SUMMAKY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The Mayor And City Clerk To Execute A Storm Water Pump Station And Pollution Control Structures Maintenance Memorandum Of Agreement,A Memorandum Of Agreement Regarding Off-System Construction Department Of Perpetual Easement Agreement With The Florida De And Maintenance Of Improvements, And A g p Transportation, For The Construction Of Drainage Improvements Along 43rd Street,And Maintenance Of Pump Station And Pollution Control Structures,As Part Of The State Road Al A/Indian Creek Drive Project From 42nd Street To 44 to Street And State Road Al A/Collins Avenue/Indian Creek Drive Project Along 43 rd Street. Key Intended Outcome Supported: Improve storm drainage Citywide. Supporting Data(Surveys, Environmental Scan,etc.)44%of residents and 45%of businesses rated as excellent or good storm drainage. Item Summa /Recommendation: The Florida Department of Transportation (FDOT) is planning construction improvements on State Road (SR) A1A/Indian Creek Drive from 42" Street to 44tH Street and on SR AlA/Collins Avenue/Indian Creek Drive along 43rd Street. Project construction is scheduled to begin in March 2014 and be completed by the end of 2014. The scope of the project along Indian Creek Drive from 42nd Street to 44th Street includes milling, resurfacing, and restriping; repairing existing sidewalks, curb and gutter; upgrading the existing pedestrian ramps to comply with the current American with Disabilities Act(ADA)standards; and installing new signage along the corridor. The scope of the adjoining project along 43rd Street includes major upgrades to the storm water system and installation of a storm water pump station and pollution control structures at the 43rd Street street-end. In order for FDOT to complete the construction of the necessary roadway and drainage improvements as part of the Project, various agreements between the City and FDOT are required. The FDOT agreements require City Commission approval and are further described below. Storm Water Pump Station and Pollution Control Structures Maintenance Memorandum of Agreement(MMOA)- execution of an MMOA is required in order to stipulate the responsibilities of the City and FDOT with respect to the construction, operation, and maintenance of the proposed pump station and pollution control structures. The proposed pump station will serve an area that is approximately 60%City right-of-way and 40%FDOT right-of-way. The City and FDOT have agreed that FDOT will fund all capital costs for the installation of the pump station, all major repairs to the pump mechanism and structures,and pump replacement when needed.The Citywill fund all routine maintenance and minor repairs. Memorandum of Agreement(MOA)Regarding Off-System Construction and Maintenance of Improvements-in order to complete the proposed drainage improvements, FDOT needs to perform construction activities within rights-of-way under the jurisdiction of the City,Tarticularly along 43rd Street.The MOA outlines the responsibilities of each agency as it pertains to work along 43 Street and is required in order for FDOT to construct the roadway and drainage improvements within City right-of-way. Perpetual Easement Agreement-FDOT requires a perpetual easement where the proposed pump station will be located. The proposed easement would be approximately three thousand one hundred eighty-one(3,181)square feet in size and located at the street-end of the intersection of Indian Creek Drive and 43 Street. The perpetual easement is required so that FDOT can construct the proposed pump station within City right-of-way which is the most practical location. The Administration recommends approving the Resolution. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: 1 2 3 OBPI Total Financial Impact Summary: N/A Ci Clerk's Office Legislative Tracking: Jose R. Gonzalez, P.E., Transportation Manager, EXT. 6768 Sign-Offs: Department Director Assistant Cit a ger City Man�iqer FHB JGG KGB AGENDA ITEM 67 L-- MIAMIBEACH DATE MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera-Bower and Members of the City Co mission FROM: Kathie G. Brooks, Interim City Manager DATE: December 12, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A STORMWATER PUMP STATION AND POLLUTION CONTROL STRUCTURES MAINTENANCE MEMORANDUM OF AGREEMENT,A MEMORANDUM OF AGREEMENT REGARDING OFF-SYSTEM CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS, AND A PERPETUAL EASEMENT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS ALONG 43rd STREET, AND MAINTENANCE OF PUMP STATION AND POLLUTION CONTROL STRUCTURES, AS PART OF THE STATE ROAD A1A/ INDIAN CREEK DRIVE PROJECT FROM 42nd STREET TO 44th STREET AND STATE ROAD A1A/COLLINS AVENUE/INDIAN CREEK DRIVE PROJECT ALONG 43rd STREET. ADMINISTRATION RECOMMENDATION The Administration recommends approving the Resolution. FUNDING Funding for the Maintenance Memorandum of Agreement will be provided from the Stormwater Fund Operating budget in FY 2014/15,when it is anticipated that the proposed pump station will be operational. BACKGROUND The Florida Department of Transportation (FDOT) is planning construction improvements on State Road (SR) A1A/Indian Creek Drive from 42nd Street to 44th Street and on SR A1A/Collins Avenue/Indian Creek Drive along 43rd Street. Project construction is scheduled to begin in March 2014 and be completed by the end of 2014. The scope of the project along Indian Creek Drive from 42nd Street to 44th Street includes milling, resurfacing, and restriping; repairing existing sidewalks, curb and gutter; upgrading the existing pedestrian ramps to comply with the current American with Disabilities Act (ADA) standards; and installing new signage along the corridor. The scope of the adjoining project along 43rd Street includes major upgrades to the storm water system and installation of a storm water pump station and pollution control structures at the 43rd Street street- end. Commission Memorandum— FDOT Agreements for Alton Road from 5th Street to Michigan Avenue December 12, 2012 Page 2 of 3 The drainage improvements on 43rd Street are needed to address severe flooding that occurs along 43rd Street which significantly impacts the intersection of Collins Avenue/43rd Street as well as the private property located on the northeast corner of the intersection. Milling and resurfacing of Indian Creek Drive from 42"d Street to 44th Street is necessary to finish the resurfacing of the corridor. The other sections were address by two(2) FDOT projects—41 st Street/Arthur Godfrey Road from Alton Road to Collins Avenue (ongoing) and Indian Creek Drive/Collins Avenue from 26th Street to 41 st Street (completed). As a traffic safety improvement, the Project will include an extension of the left turn bay at Indian Creek Drive and 42" Street which will require removal of some existing landscaping in the median of Indian Creek Drive just north of 42"d Street. In addition, an existing bus shelter on the west side of Indian Creek Drive(43rd Street street-end) and existing coconut palm trees will be removed due to the proposed storm water pump station. The City will work with FDOT to identify alternate locations within the Project corridor for the relocation of the bus shelter and the impacted palm trees. On- street parking along 43rd Street and an existing Deco Bike station on 43rd Street will be temporarily impacted during construction. The City will work with FDOT to minimize the impact to residents during construction. In addition, FDOT will engage a Public Information Officer for the Project to address all resident complaints/concerns during Project construction. In order for FDOT to complete the construction of the necessary roadway and drainage improvements as part of the Project,various agreements between the City and FDOT are required. The FDOT agreements require City Commission approval and are further described below. ANALYSIS Storm Water Pump Station and Pollution Control Structures Maintenance Memorandum of Agreement (MMOA) The FDOT project includes the construction of a new storm water pump station to be located at the 43rd Street street-end. The proposed pump station will address the flooding that occurs at various locations along the project limits due to rainfall and/or tidal influences. The proposed pump station will drain both FDOT and City rights-of-way within the project limits. Execution of an MMOA is required in order to stipulate the responsibilities of the City and FDOT with respect to the construction, operation, and maintenance of the proposed pump station and pollution control structures. The proposed pump station will serve an area that is approximately sixty percent(60%)City right-of- way and forty percent (40%) FDOT right-of-way. Therefore, the City and FDOT have agreed to share costs. Similarly to the MMOA recently approved by City Commission for the proposed pump stations on Alton Road, the City will maintain the pump and pollution control structures for the proposed pump station, FDOT has agreed to pay for the power (electricity) to operate the pump station; all major repairs of the pump components including pumps, motors, and impellers; and the replacement cost of the pumps. The City has also requested a mobile generator to ensure the continuous operation of the pump. The joint maintenance of the pump station is of mutual benefit to the City and FDOT. In addition to sharing the maintenance costs, the City will have control over and monitor the operation of the pump station via a connection to the City's Utility Control Room at the Public Works Yard. FDOT does not have the appropriate staff to effectively perform this function and, as such,typically requires that the municipalities assume the maintenance of pump stations constructed as part of FDOT projects Commission Memorandum — FDOT Agreements for Alton Road from 5th Street to Michigan Avenue December 12, 2012 Page 3 of 3 through execution of a MMOA with the respective municipality. The annual maintenance cost to the City is estimated to be approximately $12,000. Memorandum of Agreement (MOA) Regarding Off-System Construction and Maintenance of Improvements In order to complete the proposed drainage improvements, FDOT needs to perform construction activities within rights-of-way under the jurisdiction of the City, particularly along 43rd Street. The proposed drainage improvements to be constructed within City rights-of-way are as follows: pump station and pollution control structure (this will also require a perpetual easement further described below),three(3) new drainage structures, and a thirty-six(36) inch storm water drainage trunk line. Upon completion of the drainage improvements, FDOT will mill and resurface 43rd Street within the project limits. The MOA outlines the responsibilities of each agency as it pertains to work along 43rd Street and is required in order for FDOT to construct the roadway and drainage improvements within City right-of-way. Perpetual Easement Agreement FDOT requires a perpetual easement where the proposed pump station will be located. The proposed easement would be approximately three thousand one hundred eighty-one(3,181)square feet in size and is located at the street-end of the intersection of Indian Creek Drive and 43rd Street. The perpetual easement is required so that FDOT can construct the proposed pump station within City right-of-way, which is the most practical location. CONCLUSION The Administration recommends that the Mayor and City Commission approve and authorize the Mayor and City Clerk to execute a Storm water Pump Station and Pollution Control Structures Maintenance Memorandum of Agreement, a Memorandum of Agreement regarding Off-system Construction and Maintenance of Improvements, and a Perpetual Easement Agreement with the Florida Department of Transportation, for the construction of drainage improvements along 43rd Street, and maintenance of pump station and pollution control structures, as part of the State Road A1A/Indian Creek Drive project from 42nd Street to 44th Street and State Road A1A/Collins Avenue/Indian Creek Drive Project along 43rd Street. Attachments: A. Storm water Pump Stations and Pollution Control Structures Maintenance Memorandum of Agreement (MMOA) B. Memorandum of Agreement(MOA) Regarding Off-System Construction and Maintenance of Improvements C. Perpetual Easement Agreement JGG/FHB/JJF/ /JRG/JFD T:\AGENDA\2012\12-12-12\FDOT Agreements for Indian Creek and 43 St MEMO.doc Attachment A FLORIDA DEPARTMENT OF TRANSPORTATION STORM WATER PUMP STATION AND POLLUTION CONTROL STRUCTURES MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE CITY OF MIAMI BEACH This AGREEMENT, made and entered into this day of , 20 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the "DEPARTMENT, " and the CITY OF MIAMI BEACH, a municipal corporation of and existing under the laws of the State of Florida, hereinafter called the "CITY, " collectively referred to as "the Parties . " RECITALS: A. The CITY has jurisdiction over and maintains the area west of the State Road (S.R. ) AlA/Indian Creek Drive western right of way line at 43rd Street; and B. The DEPARTMENT will install a storm water pump station and pollution control structure at the west side of the intersection of S . R. AlA/Indian Creek Drive and 43rd Street (M. P. 0 . 105 along S.R. AlA) , in accordance with DEPARTMENT Contract # T-6322 ("PROJECT LIMITS") , are described in the attached Exhibit `A' , which by reference hereto shall become a part hereof; and C. The Parties mutually recognize the need for entering into an agreement designating and setting forth the maintenance responsibilities of each party; and D. The CITY, by Resolution No. f dated 20 attached as Exhibit `B' , which is incorporated to this agreement by reference, 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 consideration, the parties covenant and agree as follows: Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami Beach Page 1 of 11 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 is AGREEMENT, upon issuance of Notice of Final Accepta f the Project by the DEPARTMENT to its contra r, 11 maintenance responsibilities pertaining to s m water pump stations and pollution control11str'ucture collectively "the Structures") within the P�E�JECTf LIMITS a � ssigned to the CITY in perpetuity. ThgJ!DEPARTMENT, howev ball be responsible for any major ' re ' rskthe repl ment of components of the Structures, a ifed in Se tion 3 of this AGREEMENT. fYt��iZs:, 3. CITY S MAINTENANCE RESPC��1 CITIES The below-named function are 11 e performed b the CITY � and may be subject t �Gio P Y 1 r inspections by the DEPARTMENT ole disc tion. in ction 2 f this AGREEMENT upon Final As set �,; p Acceptance t � oject the DEPARTMENT, the CITY agree o e A,411.]Mq�4'hely an d p eriodicall Y maintain then res cated ithin the PROJECT LIMITS. The XITY m nan responsibilities for the Structures 11 inclu pl8e limited to, the following: a riodica inspecting and maintainin g the Structures their systems (electrical, mechanical, etc. in dan with the manufacturer' s minimum care and mai ice requirements, and in accordance with the Projei Plans and Specifications . 4 b. Adhering to the safety precautions prescribed by the manufacturer and enumerated in the Project Plans and Specifications . c. Complying with all applicable government rules, regulations, policies, procedures, guidelines, and Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami Beach Page 2 of 11 r time manuals Y as the same may be amended from ti to time. d. Maintaining a service log of all maintenance activities. Those maintenance activities that are not documented in a service log shall be deemed to not have been performed. e. Paying all costs associated with min repairs . Minor repairs shall include any repairs at "are a part of or incident to the routine 4-" W�Iwn n tenance of the Structures as set forth in Minor repairs shall include, but h 1 n7-FEMENT.e limited to, the routine overhaul of the $i motors. f. Notifying the DEPARTMEN f ally needed ma l Y g Vp-pairs . The CITY must notify 'PthDEP NT as so as the major air i veted. A ma or re need for a maj re s air P �7 P is deemed discovered if the Y or its agent knew or should have knob of the ne or a major repair. complete Major repairs only u��le a com p replacement of the uxes, the mp motors, or the impellers. The D h. however, shall not be responsib for the 1 in r repairs: i. y ma repairsthat are needed as a result of CITV's failur ' to perform its maintenance re ns ' ' ties pu uant to this AGREEMENT; or �s. r reps that are the result of a act of the CITY in performing its ma qjige4l Lpnan llwf esponsibilities pursuant to this AG NT. � majo lrepairs listed under Section 3 (f) i. and 3 �Iji. s � 11 be the sole res onsibilit of the CITY. ` 1 0 � responsibility 4 . MAINTENAN EFICIENCIES If at any time, while this AGREEMENT is in effect, the CITY fails to comply with its responsibilities as established herein or the CITY' s responsibilities are not being accomplished in accordance with the terms of this AGREEMENT, the DEPARTMENT may, at its option, issue a written notice, in care of the CITY MANAGER, to notify the Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami Beach Page 3 of 11 CITY of the identified deficiencies. Thereafter, the CITY shall have a period of thirty (30) calendar days, following receipt of the notice, within which to correct the cited deficiency or deficiencies. The notice shall be deemed received in accordance with Section 5 of this AGREEMENT. If said deficiencies are not corrected within the thirty (30) day time period, or, if the deficiencies are of a nature that cannot be corrected within that ti� ,,period and the CITY does not commence to correct the L flc'3encies within the stipulated time period, the DE NT may, at its option, p roceed as follows AII 11 a. Maintain the Structures, or �� t there and invoice the CITY for expenses incur or b. Terminate this AGREEMENT i �� cord 'x ce with Se ion 7 of this AGREEMENT, remove the S es" located l ithin the PROJECT LIMITS, and charge the XTY the reasonable cost of such removal Jill 5. NOTICES � All notices, bequests, dmn s, dents, approvals, and other comm ns whicY� are re ired to be served or writing in n shall be sent b given her der, all be it g a d s a y certified m 1, retu� recei t requested, postage � p q p g prepaid, ad se the pa ' ,,.,receipt to receive such notices as follo . � ��� � �� the DE NT.1 lorida Department of Transportation t th NW 111 Avenue, Room 6205 ami, Florida 33172-5800 Attn: District Maintenance Engineer To the Y. City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attention: City Manager Notices shall be deemed to have been received by the end of five (5) business days from the proper sending thereof unless proof of prior actual receipt is provided. Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami Beach Page 4 of 11 6. REMOVAL, RELOCATION, OR ADJUSTMENT OF THE STORM WATER PUMP STATION OR POLLUTION CONTROL STRUCTURE The Parties agree that the Structures covered by this AGREEMENT may be removed, relocated or adjusted at any time in the future, at the DEPARTMENT' s sole discretion. 7 . TERMINATION This AGREEMENT may be terminated as fo s:I# a. B the DEPARTMENT if the C T�1'11-lfail o erform its Y � � p duties under Section 3 f inn th (30) days g Y written notice as set f "h in Sectio of this AGREEMENT. € F 'A W b. In accordance with Secti 7.058(1) (c) Florida Statutes (F.S. ) ,, the DEPARTMEN 1 hall reserve the right U. to unilaterally el this EMENT if the CITY refuses to allow pu ccess to 9'r all documents, letters or - t terials de or received b papers,, Y the CITY pertinent tc thi A EMME which are subject to provisions of C hap te` 8 . AMENDMENT A modificati or ver of Vin- of the provisions of this Y p AGREE. NT sha ' � only if made in writing and ex s h t ame fo lit as this AGREEMENT. �g k� Y 9 �OtNSTRUCTI O' ; illlii a.114 se'cti headings s contained in this AGREEMENT are efe OInce purposes only and shall not affect the mea 1r interpretation hereof. b. No V rm or provision of this AGREEMENT shall be interpreted for or against the Parties because the Parties or their legal representative (s) drafted the provision. c. The DEPARTMENT is a state agency, self-insured and subject to the provisions of Section 768.28, Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami Beach Page 5 of 11 F.S. 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, F.S. , as may be amended from time to time. 10 . ADDITIONAL TERMS 11111111 a. The CITY shall insert the follo g clause into any contracts entered into betwe CITY and any vendors or contractors for e p ormance of the duties set forth in this AGRWZ�W.Mmw— : W n r r . Vendors/Co t acto s i . Shall utilize the NTtment o Homeland Y Security' s E-Verify tem to verify the employment , f all new ��kloyees hired by the Vendor Contr during he term of this Agreement; an ��� ii . Shall express ► any subcontractors pe ng work 1provi g services pursuant to s contra to li ewise utilize the U. S. artm of Hom and Y Y Security' s E-Verify system Y eri the empil tent eligibility of all new em e � �' d b the subcontractor during the ont ter b. The h's AGREEMENT shall commence upon executi by °l Parties. This AGREEMENT shall continue i perpetuity or until termination as set 11�gth in tion 7 . Rt C. Th Iqll;'11 w 'din embodies the entire agreement and g g under ending between the parties hereto and there are M no Qaher agreements or understandings, oral or written, with reference to the subject matter of this AGREEMENT that are not merged herein. d. This AGREEMENT shall not be transferred or assigned, in whole or in part, without the written consent of the DEPARTMENT. Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami Beach Page 6 of 11 e. This AGREEMENT, regardless of where executed, shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail . Any portion of the AGREEMENT later found to be unlawful or unenforceable shall be severed and not affect the validity of the rest of this AGREEMENT. f. Venue for any and all actions ing out of or in connection to the inte re ' on, validit Y, n �, performance or breach of t i AG NT shall lie exclusively in a state cour# broper III isdiction in Leon County, Florida. r 11. INDEMNIFICATION , Subject to Section 768.28, F.S. , a CITY shall promptly indemnify, defend, s and hold h ess the DEPARTMENT, its officers, agents, � sentativ rid employees from any and all losses,, e s, f ' es, fees, taxes, assessments penalties, os s judgments, claims, . � S. J g demands, ilities, attorn fees, (including regulato an ellate es) , algid suits of any nature or kind wh: ? ever used b arisin out of, or related to :: Y� g the C I T ex cise or111ttempted exercise of its responsibil a t o in this AGREEMENT, including b limi to ct, action, neglect or omission ITY, its officers, agents, employees or r nt es way ertainin to this AGREEMENT rep ese Vdirect,,y y p g ether di or except that neither the CITY any its officers, agents, employees or r sentati ' will be liable under this provision for dam aris ' g out of injury or damage directly caused or result f� the sole negligence of the DEPARTMENT. The CITYX9 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 Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami Beach Page 7 of 11 notice in accordance with the formal notice mailing requirements set forth in Section 5 of this AGREEMENT, or upon actual receipt of the notice by the City. 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 fee gJ111F elated to this obligation and its enforcement by DEPARTMENT. The indemnification provisions of this ion shall survive termination or expiration of this NT, but only with respect to those claims th aros6" ` from acts or k? circumstances which occurred t oY to t urination or expiration of this AGREEMENT ' = The CITY S evaluation of"1111 Flit r its in&.�ility to ?. evaluate liability shall not e the CITY S duty to defend and indemnify the DEPAR T under the provisions of this section. On an ad 'udic� n or judgment, after 7 J g the highest appeal i usted, sp rally finding the Department was solely 1 1. t shal Excuse performance of this provision by th CI� Ill.111110 Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami Beach Page 8 of 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first above written. CITY OF MIAMI BEACH: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION: By: By: City Manager Dire Transportation Iq 0 at Attest: SEAL tests SEAL ( ) ( ) City Clerk ` "Oputive Sec tary LEGAL REVIEW. By: oil City Attorney ?Htrict Chief Counsel Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami Beach Page 9 of 11 EXHIBIT `A' PROJECT LIMITS Below are the general limits of the storm water pump station and pollution control structure to be main I tjjMrd main under this AGREEMENT. Location: S .R.AlA/Indian Cree ive 43rd Street County. Miami Dade ( 1 pump station and pollution control ur6° at the intersection of S.R. AlA/Indian Creek Tie (Station 78+35 with respect to the baseline of uIvey along S lA/Indian Creek Drive) N Q� Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami Beach Page 10 of 11 i EXHIBIT `B' CITY OF MIAMI BEACH RESOLUTION Attached hereto and incorporated herein by reference once ratified by the CITY Board of Commissioners. k Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami Beach Page 11 of 11 Attachment B FM No.427505-2-52-01 Page 1 of 9 MEMORANDUM OF AGREEMENT REGARDING OFF-SYSTEM CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS Between STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ("DEPARTMENT") and CITY OF MIAMI BEACH, a municipal corporation of the State of Florida ("CITY") This Agreement is made and entered into as of 2012, by and through THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida (the "Department"), and CITY OF MIAMI BEACH, a municipal corporation of the State of Florida(the "City"), collectively referred to as the "Parties." RECITALS WHEREAS, the State of Florida Legislature has approved the Department's Work Program and mandated the Department to complete the various projects included in the Department's Work Program; and WHEREAS, included in the Department Work Program is Project Number FM 427505-2-52- 01 on 43rd Street, from Collins Avenue to Indian Creek Drive, located in City of Miami Beach, Florida, (hereinafter "the Project"), which includes the construction of improvements on roads not on the State Highway System; and WHEREAS, the City has jurisdiction over and owns the roads related to this Agreement, which are not on the State Highway System; and WHEREAS, the Parties agree that it is in the best interest of each party for the Department to undertake and to complete all aspects of the Project, including the design, construction, inspection, utilities, permits, easements, and other tasks associated with those improvements that are on roads not on the State Highway System. TERMS 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: I FM No.427505-2-52-01 Page 2 of 9 1. The recitals in this Agreement are true and correct, and are incorporated herein by reference and made a part of this Agreement. 2. The Parties agree that the Department intends to undertake and complete project number FM 427505-2-52-Olon 43rd Street (the "Project"), depicted in the attached Project Design Plans (referred to as "Exhibit A" and attached hereto). The Project shall include improvements on roads not on the State Highway System (the "Local Roadway Improvements"), which are also depicted in Exhibit A, and all activities associated with, or arising out of construction of the Local Roadway Improvements. The City shall cooperate with and support the Department's work efforts in these regards. The Department will design and construct the Project in accordance with all applicable federal and state laws and regulations and in accordance with Department design and construction standards as set forth in the Department's guidelines, standards, and procedures. The Department shall have final decision authority with respect to all aspects of design and construction of the Local Roadway Improvements. 3. The Parties acknowledge and agree that the City has reviewed the Project Design Plans up to the 60% design phase, which are attached hereto as "Exhibit A." The Parties further agree that the Department has addressed all of the City's comments regarding the 60% Design Plans, in accordance with the review process set forth in paragraph 4 of this Agreement. The Parties acknowledge and agree that the City will review all additional submissions of the Project Design Plans using the Department's review process as set forth in paragraph 4 of this Agreement. 4. The Department shall use the Electronic Review Comments System (the "ERC") to submit versions of the Project Design Plans for the City to review. When the Department places the Project Design Plans in the ERC, the Department will designate a Comment Due Date and a Response Due Date. The City must submit its comments with regards to the Project Design Plans on or before the Comment Due Date, and the Department must respond to the City's comments, if any, on or before the Response Due Date. If the City does not submit its comments by the Comment Due Date, the City will be deemed to have approved the submitted Project Design Plans. This process for review of the Project Design Plans shall be referred to as the "Review Process." 5. The Review Process for the Project Design Plans will be deemed concluded when the following has occurred: (1) the Department has submitted the Final Project Design Plans to FM No.427505-2-52-01 Page 3 of 9 the ERC, (2) the Comment Due Date and Response Due Date for the Final Design Plans have passed, and (3) the Department has addressed the City's comments on the Final Design Plans that were submitted through the ERC, if any (in accordance with the review process). Once the review process is concluded, the City authorizes its Public Works Department to issue a permit (hereinafter "the Permit") to the Department's Construction Contractor, authorizing the Department to construct the Project in accordance with the Final Project Design Plans(hereinafter"the Final Project Plans") submitted through the ERC. By authorizing the issuance of the Permit, the City agrees that the Department may proceed to construct the Project in accordance with the Schedule of Work included in its Final Project Plans. The City further agrees that the Permit will not impose any conditions other than those included in this Agreement, and the terms of this Agreement supersede any conflicting terms in the Permit. The City acknowledges and agrees that, during construction of the Local Roadway Improvements, the Department will utilize the service of law enforcement officers only when required by the Department's Standard Specifications for Road and Bridge Construction, and no additional requirements will be imposed. Additionally, the City waives any permit fees that may apply to issuance of the Permit. Major modifications of the Final Project Plans that concern the Local Roadway Improvements must be submitted to the City for review using the Review Process. A Major Modification is any modification that materially alters the kind or nature of the work depicted in the permitted plans (Exhibit A), or that alters the integrity or maintainability of the Local Roadway Improvements or its components. The City will review the modifications in a manner that will not delay the Department's construction contract. Subsequent to the City's review of the Major Modification(s), the City will update the Permit to reflect the submitted changes in accordance with the terms of this Agreement. 6. The City agrees to fully cooperate with the Department in the construction, reconstruction and relocation of utilities that are located within the City's right-of-way. 7. It is the understanding of the Parties that the Department is attempting to obtain a permanent easement from the City for certain drainage improvements on the Local Roadway, which will be constructed pursuant to the Project (hereafter "the Easement"). In the event that the Easement is executed, if any of the terms of the Easement conflict with the terms of this Agreement, the terms of the Easement shall govern as to the maintenance responsibilities of each Party for those improvements addressed by the terms of the FM No.427505-2-52-01 Page 4 of 9 Easement. Otherwise, the maintenance responsibilities of each Party shall be governed by the terms of this agreement. 8. The City acknowledges that the Department will be utilizing State funds to construct the Project, and as a result thereof, the City agrees to perpetually maintain all Local Roadway Improvements, at its sole expense. To maintain means to perform normal maintenance operations for the preservation of the Local Roadway Improvements, which shall include but are not limited to, roadway surfaces, shoulders, roadside structures, drainage structures and such traffic control devices as are necessary for the safe and efficient use of the Local Roadway Improvements. Additionally, the Parties understand and agree that the Department shall transfer all permits for Local Roadway Improvements to the City as the operational and maintenance entity, and the City agrees to accept said transfer and to be fully responsible to comply with all operational and maintenance conditions of the permits, at its sole cost and expense. Notwithstanding the requirements hereof, maintenance during construction shall be the responsibility of the Department and its Contractor, as set forth in paragraph 12 of this Agreement. 9. The Parties acknowledge and agree that the City's right-of-way and the improvements and structures located within City's right-of-way, are and will remain under the ownership of the City, and the Department will not have any ownership interest in the right-of-way, improvements, or structures located thereon or installed therein pursuant to the Project, except for those interests transferred pursuant to the Easement, if any. 10. The Department shall require its construction Contractor to maintain, at all times during the construction, regular Contractor's Public Liability Insurance providing for a limit of not less than $1,000,000 for all damages arising out of bodily injuries to, or death of, one person and, subject to that limit for each person, a total limit of$5,000,000 for all damages arising out of bodily injuries to, or death of, two or more persons in any one occurrence; and regular Contractor's Property Damage Liability Insurance providing for a limit of not less than $50,000 for all damages arising out of injury to, or destruction of, property in any one occurrence and, subject to that limit per occurrence, a total or aggregate limit of $100,000 for all damages arising out of injury to, or destruction of, property during the policy period; or such other minimum insurance coverage that may be required by the Department for construction of the Project, in accordance with the Department's standards FM No.427505-2-52-01 Page 5 of 9 and specifications. The Department shall further cause its Contractor to name the Department as additional insured on the afore-stated policies, and to name the City as additional insured on the afore-stated policies with regards to activities performed within the City's right-of-way. The Department shall also require its Contractor to provide evidence of Workers' Compensation Insurance in accordance with the laws of the State of Florida and in amounts sufficient to secure the benefit of the Florida Workers' Compensation law for all employees. 11. The Department shall notify the City at least 48 hours before beginning construction within the City's right-of-way. Such notification may be provided verbally or via email, and the notice requirements set forth in paragraph 23 shall not apply to this paragraph. The Department agrees that the City may, at reasonable times during the construction of the Local Roadway Improvements and with regards to the Project limits located within City right-of-way, inspect the Contractor's construction site and perform such tests as are reasonably necessary to determine whether the goods or services required to be provided by the Contractor, pursuant to the Contractor's Construction Agreement with the Department, conform to the terms of said Construction Agreement. Upon request by the City, the Department shall coordinate with its Contractor to provide access to the City for performance of said inspections. If the City determines that the work is not being performed in accordance with the plans, specifications, and schedules which the City permitted as provided in paragraphs 3 and 4 of this Agreement, the City shall make its objections known to the Department in writing to the Department's Construction Project Manager. It will be the responsibility of the Department to make all needed corrections to assure conformity with the plans, schedules and specifications which had been previously reviewed by the City through the Review Process. 12. Maintenance of the Local Roadway Improvements during construction shall be the responsibility of the Department's Contractor. Upon completion of construction, the Department will invite the City on the Final Inspection of the Local Roadway Improvements and will incorporate valid City concerns that are within the scope of the contract into the final Project punch list to be corrected by the contractor. The Final Inspection shall be performed and the Notice of Final Acceptance shall be issued in accordance with the Department's Standard Specifications for Road and Bridge r FM No.427505-2-52-01 Page 6 of 9 Construction and the Construction Project Administration Manual (CPAM). The City's presence at the Final Inspection, however, is not mandatory, and the Department shall conduct the Final Inspection, finalize the Project punch list, and issue a Notice of Final Acceptance to its Contractor, whether or not the City attends the Final Inspection. Upon issuance of the Notice of Final Acceptance to the Contractor, the Department shall provide a copy of said notice to the City. As of the date of the Notice of Final Acceptance, the City shall be immediately responsible for the maintenance of the Local Roadway Improvements. The Department, however, shall have the right to assure completion of any punch list by the Contractor and to assure the performance by the Contractor of remedial work covered by any existing warranties for the Local Roadway Improvements. 13. Upon completion of all work related to construction of the Project, the Department will be required to submit to the City final as-built plans for the Local Roadway Improvements and an engineering certification that construction was completed in accordance with the plans. Additionally, the Department shall vacate those portions of the City's right-of-way used to construct the Local Roadway Improvements and shall remove the Department's property, machinery, and equipment from said portions of the City's right-of-way. Furthermore, the Department shall restore those portions of the City right-of-way disturbed by Project construction activities to the same condition that existed immediately prior to commencement of the construction of the Project. This Agreement shall become effective as of the date both Parties hereto have executed the agreement and shall continue in full force and effect until the Project is completed, as evidenced by the Department's issuance of Notice of Final Acceptance. Prior to commencement of construction, the Department may, in its sole discretion, terminate this agreement if it determines that it is in the best interest of the public to do so. If the Department elects to terminate this Agreement, the Department shall provide formal notice of termination to the City, as set forth in paragraph 23 of this Agreement. 14. In the event that any election, referendum, approval or permit, notice or other proceeding, or authorization is required to carry out the Project, the City agrees to expeditiously initiate and consummate, as provided by law, all actions necessary with respect to any such matters, with time being of the essence. Additionally, the City shall conduct operations so as to cooperate fully with any such work being performed by the Department and the FM No.427505-2-52-01 Page 7 of 9 Department's contractors. The City shall not commit or permit any act which may interfere with the performance of any such work by the Department or any Department contractor unless the Department agrees in writing that the City may commit or permit said act. 15. The Parties acknowledge and agree that the Project shall be constructed using State funds and that all costs incurred must be in conformity with applicable Federal and State laws, regulations, and policies and procedures. 16. The Department's performance and obligations under this Agreement are contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. Project costs utilizing fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. 17. In the event that this Agreement involves expenditures in excess of $25,000, and the agreement has a term for a period of more than one year, the provisions of Section §339.135(6)(a), Florida Statutes, are hereby incorporated into this agreement and are as follows: The department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during any 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 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 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the department which are for an amount in excess of$25,000 and which have a term for a period of more than 1 year. 18. The Department is a state agency, self-insured and subject to the provisions of Section 768.28, Florida Statutes. 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. 19. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this agreement. FM No.427505-2-52-01 Page 8 of 9 20. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. Venue for any and all actions arising out of or in any way related to the interpretation, validity, performance or breach of this Agreement shall lie exclusively in a state court of appropriate jurisdiction in Leon County, Florida. 21. No term or provision of this Agreement shall be interpreted for or against any party because that party's legal counsel drafted the provision. 22. In accordance with Executive Order No. 11-02 all Department Vendor/Contractors shall utilize the U.S. Department of Homeland Security's E-Verify system, in accordance with the terms governing use of the system,to confirm the employment eligibility of, 1. all persons employed by the Vendor/Contractor during the term of the Contract to perform employment duties within Florida; and 2. all persons, including subcontractors, assigned by the Vendor/Contractor to perform work pursuant to the contract with the Department. 23. All notices, requests, demands, or other communications required or permitted to be given under this Contract shall be in writing and shall be delivered in one of the following manners: personally, via express mail service or mailed by first-class, registered or certified mail. Any notice, request, demand, or other communication made pursuant to this paragraph shall be deemed to have been received by the addressee at the earlier of such time as is actually received or seven (7) calendar days after it is mailed. Unless otherwise notified in writing, notices shall be sent to the following: To the City: City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 To the Department: Director of Transportation Operations State of Florida, Department of Transportation 1000 N.W. 111 th Avenue, Miami, Florida 33172 FM No.427505-2-52-01 Page 9 of 9 A party may change the address to which such communications are to be directed by giving written notice to the other party in the manner provided in this paragraph. IN WITNESS WHEREOF,the parties hereto have executed this agreement on the dates exhibited, by the signatures below. CITY OF MIAMI BEACH STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: Name: Name: Title: Title: Director of Transportation Operations Date: Date: Attest: By: Title: Approved as to form and legality: Department Legal Review: By: City Attorney Attachment C Florida Deparonent `Transportation RICK SCOTT 1000 NW 1 11 Avenue ANATH PRASAD,P.E. GOVERNOR Miami, Florida 33172-5800 SECRETARY October 19,2012 Fred Beckman,P.E. The City Of Miami Beach Public Works Department 1700 Convention Center Drive Miami,Beach,Florida 33139 ITEM/SEGMENT NO.: 4275052 MANAGING DISTRICT: SIX F.A.P.NO.: N/A STATE ROAD NO.: SR-A l A(Indian Creek Drive) COUNTY: Miami-Dade PARCEL NO(s).: 800 Dear Mr.Beckman: The Florida Department of Transportation, District VI, is proposing a project on SR A I A/ Indian Creek Drive from 42nd Street to 44 Street. This segment consists mainly of residential use and the purpose of the project is to upgrade storm water drainage systems, add shared bicycle lane, 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 ep y ,p 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 800: Easement is being requested for the installation and future maintainance of a drainage pump station. The parcel contains 3,181 square feet,more or less. www.dot.state.fl.us Page 2 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 5. Photos of Proposed Parcel Area 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, tee e n C.Imas Right of Way Agent Enclosures Cc: Javier Bustamante,Alejandro Casals,Diego Rivadeneira,Richard Lineberger,Richard Saltrick,Jose Gonzalez, www.dot.state.fl.us 07-PE.13 This instrument prepared by, or under the direction of, Alicia Trujillo,Esq. District Six Chief Counsel State of Florida Department of Transportation 1000 N.W. l l lb Avenue Parcel No. : 800.1 Miami,Florida 33172 Item/Segment No. : 427505-2 October 8,2012-NE Managing District: 6 PERPETUAL EASEMENT THIS EASEMENT Made the day of ,20 ,by THE CITY OF ML0M 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 Drainage Pump Station in, over,under,upon and through the following described land in Miami-Dade County,Florida,viz: PARCEL 800: F.P.No. 427505-2 Being a parcel of land lying in the Southwest one-quarter(1/)of Section 23,Township 53 South,Range 42 East, and lying within the right-of-way of 43d Street(formerly known as 190'Street)as depicted on the AMENDED PLAT OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY,according to the plat thereof, as recorded in Plat Book 5, Page 8, in the Public Records of Miami-Dade County, Florida, and being more particularly described as follows: BEGIN at the Northwest comer of Lot 13,Block 38 of aforesaid Plat, said point lying at the intersection of the East right-of-way line of State Road A 1 A(Indian Creek Drive)with the South right-of-way line of 43rd Street,as shown on the Florida Department of Transportation Right of Way Map of said State Road AlA,Project No.250747-1,last revised on 06/01/2006,said point hereinafter referred to as Point"A";thence N 07°27'28"E,along the northerly prolongation of said East right of way line of State Road AIA(Indian Creek Drive),37.14 feet;thence N 04°40'09"E 12.88 feet to the Southwest corner of Lot 7,Block 40 of aforesaid Plat,said point lying at the intersection of the East right-of-way line of said State Road A I A(Indian Creek Drive)with the North right-of-way line of 43rd Street;thence S 82°30'35"E,along said North right-of-way line of 43rd Street,28.75 feet;thence S 07°29'25"W 10.59 feet;thence S 82°01'36"E 153.41 feet;thence N 07°29'25"E 11.88 feet to the intersection with the aforesaid North right-of-way line of 43rd Street;thence S 82°30'35"E,along said North right-of-way line of 43rd Street 18.62 feet to the intersection with the West right-of-way line of State Road Al A(Collins Avenue),said point being the Southeast comer of Lot 5,Block 40 of aforesaid Plat;thence S 07°26'37"W,along the southerly prolongation of said East right-of-way line of State Road A 1 A(Collins Avenue),21.04 feet;thence N 82°01'36"W 172.04 feet;thence S 07°27'28"W 30.41 feet to the intersection with the South right-of-way line of 43'd Street;thence N 82°30'35"W,along said South right-of-way line of 43rd Street 28.12 feet to the POINT OF BEGINNING. Containing 3,181 Square Feet of land,more or less. TOGETHERWITH A parcel of land which is bounded on the North by the southerly line of aforementioned Lot 7,Block 40 extended westerly across Indian Creek Drive to Indian Creek,bounded on the South by the northerly line of aforementioned Lot 13, Block 38 extended westerly across Indian Creek Drive to Indian Creek,bounded on the East by the West right-of-way line 1 of 6 of State Road Ai A(Indian.Creek Drive),and bounded on the West by Indian Creek,and being more particularly described as follows: COMMENCE at aforesaid POINT"A";thence N 82°30'35"W, along the westerly prolongation of the South right-of-way line of 43`d Street,a distance of 105.88 feet to the intersection with the West right-of-way line of State Road Al A(Indian Creek Drive),as shown on aforesaid Right of Way Map,said point being the POINT OF BEGINNING of the following described parcel of land: Thence continue N 82°30'35"W 32.47 feet;thence N 04°21'08"E 50.08 feet to the intersection with the westerly prolongation of the North tight-of-way line of 43`d Street;thence S 82°30'35"E,along said westerly prolongation of said North right-of-way line,34.30 feet to the intersection with the aforesaid West right-of-way line of State Road A I A(Indian Creek Drive);thence S 04°40'09"W, along said West right-of-way line of State Road AIA, a distance of 18.00 feet; thence S 07°27'28"W 32.02 feet to the POINT OF BEGINNING. Containing 1,683 Square Feet of land,more or less. Containing a total area of 4,864 Square Feet of land,more or less. DD/CK!10/04/2012 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. IN WITNESS WHEREOF,the said grantor has caused these presents to be executed in its name by its Mayor,and its seal to be hereto affixed,attested by its City Clerk,the date first above written. ATTEST: The City of Miami-Beach Its City Clerk By: Its Mayor Address STATE OF FLORIDA COUNTY OF MIAIVII-DARE 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: 2 of 6 EXHIBIT "All UENMAL NOTES: THrS TS VOT A SURVEY - Repmd4ctiorss of.his map are Rio: vialid YrithDut• the signature and original raised seal of the Florida Licensed Surveyor and Mapper In responsme charge. The Bear�,ngs show-1 hraruan ir* rFiferenced to the Baseline of Survey of 43rd Street, having a boiaring of S 82°:30'35' F. as shown o`: the Florida Department of Trwmpartotinn Prrrac± Nclwark Ccntrol for State Road A'11A, Completed on 0510812012 ay Hadorne Corp., ror Project No. 427545 2. • The data used in t ho cmilculation Ord prieparation of the legal d alts r,ri ption Was provided by the FDOT Pr of ed Ma rta ger for Said PrWect No. 427505-2. Adrfitions andrar rye°etions to survey maps, sketches or reports by any party DMer Man Lhe signing party are prohibited Mthout•t'ie writter COAS nl rif the signing party LEGEND: - B"e n a F:n Pagel Io a ntl flcatlon Nit rn b er FXr$T, - Fxiiting FDOT - Florida Dieparlrnwnl. of 1,,ansportatlon F.P. - Financial Project NO. - Numbow iP} - Plat P.B. - Flat Book PG. Page FIT- floinr Vf I ltersecdon PNC - PraJec: Nelwark C4nlrul Range e Rti , E � RT - Right RAW - Right-nt way ssc. - section ,. S.R. ' State Roan STA. - Statran �-NAN .I ;1rr'rf- TWP. - Township ., •,; ,.: 06 ..� r r CRISTINA INMA114-413I)W DATE PROFeSSIONAL LAM ` L)RV�YO-A FLORIP& LICENSE NO. 6554;W his document consists of three (3; sheets; ;±�1 „i,�,• .i '' and Shall rro;ID& tonsidcred full,vaiiel, �„ and coma ate unless each sheet s a tta r i•ed to 1 he cell I°r. f;.;f' ~� .•'. 1��r.,r FLORIDA 0 EPA I&Q &'TRA N S PORTATION SKETCH TO ACCOMPANY LEGAL DESCRIPTION SME ROAD NCO. AlAa MEAW-oaas CauCITY ••� +'++Ik 3Priorr 1-1 '.T t l.•G t• .at:r GtSYnl.1 s ti. [.1`.t M•J N'rl FRAW&J n.a:vis n;iz)i� MOWN 1•11'Nil, 427$05-2 -SECTION VOW SHEET 1 OF 3 3 of 6 EXHIBIT "A" LEGAL UESCRIP ION PARCEL 1100; Being a pa'cel of ar%a lying In t:he Southwest ona-quarter (NO of Sertian 23. Township b3 Soul11. Ranyc 42 East, and lyir%g writhin the right of ways of 4.44J Street (fomnerly.known d5 190 51.-eet) as oepirted on :he. AMENDE3 PLAT t)F IHF- u[:Em rRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, accordi-iy Lo the Piet ther=f, as ccvrdcd in Plat Book S. Page 8, in the fthlir. "cards of M aml-Dads Coun y, Florida, and being rnure particularly described as fr}IlowS: DtGIN at:he Northwest corner of Lot 1.3, BIOtk 38 of ofordsaid Plat, aaid point Iyini7 5t the inlerscedon of ?ht East.riyFtl-ol-way line at State Road AIA (Fidian Crank Drive) with the South r:gltt-or--gray 1 ne of 43rd SUsai, as shorm an the Flor'aa Depa•tment of Transportation Right of bray Map or soid SLaLe Road AIA, Project No. 250747-1, las: re=wind on tlb{83;2006, said point hereby,ter rktebrad to as Point 'A"; thence N 07'2121" E. along Lht rnarlheriy prolongation of said East right of way line of State Road AIA (rnuibn Creek Drive). 37.14 feet; thcrce N 04'40109" E 12.88 Feet to thel Swithw";�t {orroer of LOL 7, Block 40 of arormaiu P'a'. said point lying at the intensection of the Fasr right ar'-Yray drie a',said 5Late Road AIA (Indian Creak Ov ve? with tic 1Iorth right a'way lire of 43rd Street; tocnce 5 820313135' E, all �a'd North right-of--way ine or#3rd 51.ect, 28.75 feat; thence 5 0 7'29'25" W 30.59 feet; thr;nce 5-92°Q 116" E 153.41 feet; thence W 47'29125" E 11.88 feet to the intemection with the aforesaid Nprrh right-0frWQy lire of 43rd S:reel; Unence 5 82.313138' E; alon said Nnrrh right-of-way IlnFL of 43rd Strut 10.62 feet to the lntev ectlon with the 'West right-of-way line of Mate Roac Ali# (Collins Avcriucii, said point being thti Southe=ast corner of Io7 S, Block 40 of aforesaid PlaL; .hcricc S 07126137" W. along the 9ar.ti~erly pro ongatinn of Said EaSc right-of-way ne of SLS.e Read AIA ICDllins Avenue), 21.04 feet; thcrce N 82"n 1'.3FY' W 172.04 reel, thence 5 07.27'28' OV 30.41 -eet to the intersection with tee South right-of-way line of 43rd 5trajt; thence. N 82.301356 YJ, along Wd South rlaht-o'way fine of 43rd Slreel 20.32 rccL La the POINT OF BFOINNTNG. Geitalning 3�1a1 square Fast or 1wid, more or less. TOG E i HE RwITH A narrrul of ling which Is bounded on lha 1lvrlh by Lhe southerly Iine of afvrerne'ttioned Lot 7, 810ek 411 cx:cndcd westerly taros! Indian Creek Drive to rrriion Crreek, houndred on me South by the northerly line of aIorementforeo Lot 13, Block 38 axteidN•d wncterly a[oss Indian Creek Drive to InJiar Creek, bounded on the East by the Direst right of-way line of State, Road AIA 1lndlan Creek Drive,, erru bounded on the West by Ind is n Creek, and he in g more pa rtl mga rl y desc ribad o.s follows; COMME14CE at of msiaio POINT "A"; thence N 132'30'35" W, along the westerly prolungation of the South right-or array lino of 43rd Stree:, a di.&tanrp of 1 1ROso font to the Irterscction w th the Wasl right-cf-w y tree o'State Roaq! AIA i1ndian Creek Drive), as shown on aforesaid Right of way Map, said point being the POIN I OF BEGINNING" of the following uesscribcd parcci of land: ?Fence c*nnlinue N 82°30135" W 32.47 feat; thence N 04.21'0$" E 50,09 feet to tPe intersection with the westerly Drolongation of the North riUhl of gray lint of 43rd SLrcutj Llicnee 5 82'30'35' E. alarm Ralo westerly prelorgarlon of said North right or Luray line, 34-3a reel to the intersection with thf aforesald tr9est right-of-way I ne or Steve Roed AIA (Indian Creek Drive); thence S 04'40100 W, alonBald worst rlghl-ur way line or SLa.e Road AlA, a dirhan4;e of 18.00 fleet; thence S 07'27129" W 32,02 feet to'the POINT OF BEGINNINCL ronialning 1,683 SgUare Feet at land. rnure or less. Containing a total area of 4,0fi4 Square Feet of land, more or less. This gaeumnnt consi#k' of three (3) sheets and snall not be considered fill, valid, THIS I NOT A UR�fEY and compl-ela uriaays aocn sheet Is attachea Lo the other. FLORIDA DEPARTMENT OF TRANSPORTATION I SKETCH TO ACCOMPANY LEGAL DESCRIPTION STATE ROAD NO. A]A MIAMI-13ADE couw iry ' ore fair- -n u6 r.►4 Vol..4"0.111fr. . inrw nip"(T a 3EE_'!I_1►L W.•ri 9Writ1 D DEWS Clr.V-12 W.43r1% a6 .'.FCtKEC [.K:NN4N F.P, NO, 427500 i SECT10Y urS:w SHEET Z of 3 4 of 6 I ZTOCIR0190 O3lya o r. .. 'Z-SOS LZ t 1.73 fo� - ��,�3 't .535, a��• 3 „L1=,9Z.�d IMI ?Nd did ,1341115 a o T91 1 091 " _ (a n N3AV SNIIIO�} rn MOTE Y[lf LI�QIi tif15 "•`� rVl 11f�'9MZoLD 5 M _ s w ��Ti 11-IVM S9m -1Slx3 — - P. �t P. C 5Z de ic W 1 ,ae- 11,v �,4`mod is +} W oc Q rq w u �r ry A ry, M— LLOI 96 W w N N � � I�-C Q� �[ A '" at uj O °G in^ :eD Z '� ul Q F- w u.u F� r, 4 -ac a ea �� D act Z � •; n 0 _ '° ; m Oct w v 4 M VI mi zaam%W w to UI F. + 111 NIA XI QI 1� r`i I r, rl 4 w :b Ln r, p wZLai CD W� � �N n IV JU a v t-Lwow �oN 1 3t�bd bca Ian a w ti3d) �1� � 11f3 ' 3N[l 15tf3 't517C3 _ 1 ,+� IRS' >- 1 I,j*.DZIT GI4i 031VO 3 .fi0.�tr.ba N .VI'LE 9 -t 5 tr 1�3tO�] 3 „�Z.LZoLO N C6 T 5 L O d -' "Ad kl3d AgAUM AL < .r .g .,,E� N- x w eD c� +SY0 L co = v P-I rn. `.A ° Q a#} Lt11rhV 1 d.m r',d LL z ,u 2 I an d tri �' z M z'}, 1'.' O 4 O zU- Ul m 1 0 " 0 1 w Z V w 0 _ 3Ni1.m w a� 2 " tW3 $ 0 Lu...1 8 dK 3)d:) NVICLNt 06 M4 z —j ui 5 of 6 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 m Avenue Parcel No. : 800.1 Miami,Florida 33172 Item/Segment No. : 427505-2 October 8,2012-NE 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,Item No.427505-2, in Miami-Dade County,Florida: and WHEREAS,it is necessary that an easement across certain lands now owned by The City of ,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 Drainage Pump Station,and said request having been duly considered. NOW THEREFORE,BE IT RESOLVED by the Board of City Commissioners of The City of Miami 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, 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. STATE OF FLORIDA COUNTY OF MIAMI-DAE 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) By Its Chair(or Vice-Chair) (Address) 6 of 6 575-030-12 RIGHT OF WAY Florida Departhient oif Transportation 06/99 RICK SCOTT 1000 NW 111 Avenue ANANTA PRASAD,P.E. GOVSRNOR� Miami,FL.33172 SECRETARY Donation of Property to the'Florida Department of Transportation Fred Beckman,P.E. ITEWSEGMENT NO.: 4275052 The City Of Miami Beach MANAGING DISTRICT: SIX Public Works Department F.A.P. NO.: ' N/A 1700 Convention Center Drive STATE ROAD NO.: .Miami;Beach,Florida 33139 A1A(Indian Creek Drive) COUNTY: MIAMI-DADE PARCEL NO.: 800 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 beeri 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,-arid to receive reimbursement for reasonable fees and costs incurred, if any. Having been fully informed of the above rights, I hereby waive those rights unless otherwise noted below. Owner's Signature Type or Print Property Owner's Name Street Address City,State,Zip Code Date www.dot.state.fl.us ' I h 1 PROJECT MEETING NOTIFICATION FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT SIX Wr \ SR �1`Cla�j vi ll�ru 111 1.8h e DVW a 1 Ong 43 " Project Identification Numbers: 427505-1 and 427505-2 The Florida Department of Transportation(FDOT)District Six is developing the design for a roadway project along SR AlA/Indian Creek Drive and a drainage improvement project on SR AlA/Collins Avenue/Indian Creek Drive along 43 Street,in the City of Miami Beach,Miami-Dade County. s.A .P 11A�irGh►`1014 • rilft��ls. t 4 d • t p tC�#�jijy �Y,.... a� . ika I# S y4r4r E a ��- k.. § a. t r A • s t - .. � y PUBLIC MEETING NOTICE In order to offer you the opportunity to review the projects'design and answer your questions,we invite you to join us: TIME AND DATE 6 p.m.to 8 p.m.,Tuesday,September 11,2012 PLACE St.Patrick Parish School,Barry Hall,Room 1 3700 N Meridian Avenue,Miami Beach,FL 33140 The meeting will follow an informal format allowing the public to arrive at any time from 6 p.m.to 8 p.m.Graphic displays will be shown and FDOT representatives will be available to discuss the project and answer questions. Your participation is encouraged and will give us the opportunity to listen to your comments and address any concerns that you may have. Public participation at this meeting is solicited without regard to race,color,national origin,age,gender,religion,disability or family status. Persons who require special accommodations under the American with Disabilities Act of 1990 or persons who require translation services(free of charge)should contact,at least seven days prior to the meeting,Brian Rick at(305)470-5349 or in writing at FDOT 1000 NW 111 Avenue,Miami,FL 33172 or by email at: brion,rr'ckPdot.state.fl.us. is r lif you"have eny'questions or comments,please contact FDOT Public Information Specialist Ampara Vargas bytdephone st(305)470.5439 or by email at amparo.vargas @dot.state.fl.us.Please let us know how you prefer to receive information about future projects(mail,email,or other). © Your comments are important to us.Please visit our website:www.fdotmiamidade.com.Thank you for your participation. FoLow us on Twitter @MyFDOT_Miami �i 6CJAV+3.RM.SfI AOU 1000 fWY 111. Miamf,FL 33172 IxIb v Ci7EEx `-��� T•r- -�' L.... -.. 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