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97-22325 RESO RESOLUTION NO. 97-22325 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A HOLD HARMLESS AGREEMENT REQUIRED IN CONJUNCTION WITH THE CITY OF MIAMI BEACH'S AFFIDAVIT OF OWNERSHIP TO OBTAIN A CLASS I COAST AL CONSTRUCTION PERMIT FROM METROPOLITAN DADE COUNTY FOR THE PLACING OF SUBAQUEOUS WATER MAINS UNDER THE NOREMAC AVENUE BRIDGE AND THE 8IST STREET BRIDGE, AND FOR THE DEMOLITION OF THE 8IST STREET BRIDGE OVER THE BISCA YNE POINT CANAL. WHEREAS, the Noremac Avenue Bridge over the Biscayne Point Canal is in the pro.~e~ s of being replaced on an emergency basis by the Florida Department of Transportation ("FDOT") dl e to its structurally deficient condition; and WHEREAS, in order to enable FDOT to replace the Noremac A venue Bridge, the City mu :t demolish the 81 st Street Bridge over the Biscayne Point Canal and relocate the water main under tl e Noremac Avenue Bridge and the 81 st Street Bridge to the canal bottom; and WHEREAS, all construction over and in the water within the Biscayne Bay area and, i 1 particular, the Biscayne Point Canal requires a Class I Coastal Construction Permit frOll Metropolitan Dade County and, as a prerequisite to obtaining said permit, an affidavit of owner;hi ) and hold harmless agreement is required to be executed by the City of Miami Beach as the holdt r of an interest in the area where the work is to be performed. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CIT"{ COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Clerc are hereby authorized to execute the hold harmless agreement required in conjunction with the Cit { of Miami Beach's affidavit of ownership to obtain a Class I Coastal Construction Permit fmr 1 Metropolitan Dade County for the placing of subaqueous water mains under the Noremac Avenu ~ Bridge and 81st Street Bridge, and for the demolition of the 81st Street Bridge over the Biscayn ~ Point Canal. PASSED and ADOPTED THIS 19th day of March 1997. ATTEST: R~bJ y~~ CITY CLERK DlTlkw f:\atto\turn\resos\81 bridge. res APPROVED ~ TO FORM & I.ANGUAGE & FOR exECUTION /lL(~ ~L. ~ 2 CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 CITY OF MIAMI BEACH COMMISSION MEMORANDUM NO. J 83-C} 1 TO: Mayor Seymour Gelber and Members of the City Commission DATE: March 19, 1997 FROM: Jose Garcia-Pedrosa ~",...I City Manager V, A'RESOLUTION Oi./TkE MAYOR AND CITY COMMISSION OF THE (:I'ry OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND (:I'ry CLERK TO EXECUTE THE HOLD HARMLESS AGREEMENT IN CONJUNCTION WITH THE AFFIDAVIT OF OWNERSHIP TO OBTAII' A CLASS I COASTAL CONSTRUCTION PERMIT FROM METROPOLIT,I..N DADE COUNTY FOR PLACING SUBAQUEOUS WATER MAIN5 ,~T NOREMAC A VENUE BRIDGE AND 8IST STREET BRIDGE AND TI IE DEMOLITION OF 8IST STREET BRIDGE OVER BISCA YNE POINT CA'Ji.L. SUBJECT: ADMINISTRATION RECOMMENDATION: To approve the Resolution. BACKGROUND: The Florida Department of Transportation ( F.D.O.T. ) will be replacing the Noremac Avenue Bric ge because of its structurally deficient condition. To enable the F.D.O.T. to replace the Noremac Aver ue Bridge, the City has to relocate the water mains at Noremac Avenue and 81st Street Bridges to the ca Lal bottom. All construction over and in the water within the bay area requires a Class I Coastal Construction Pen lit issued by Metro-Dade County, and as part of the permitting process, Dade County requires a H( ld Harmless Agreement to be provided by the City of Miami Beach as the holder of an interest in tht aJ ea where the work is to be performed. CONCLUSION: The Mayor and City Commission should approve the Resolution authorizing the Mayor and City Clt rk to execute the Affidavit of Ownership and Hold Harmless Agreement. JGP/~/J~P/AVNGK AGENDA ITEM --C...J ~ DATE 3-L:~ AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS AGREEMENT PERSONALL Y APPEARED BEFORE ME, Julio Grave de Peralta, Director of Engineerin~ (. ~ Construction Management of the City of Miami Beach, the undersigned authority, and heleb ( affirms as follows: 1. That the City of Miami Beach holds an interest in those areas designated and more f LIll ( described as follows: Commence at the intersection of the center lines ofNoremac Avenue and Daytonia Roa( , as shown in Biscayne Point, recorded in Plat Book 14, Page 35 of the Public Records c f Dade County, Florida; thence run Northerly, along the center line of said Noremac Avenu ~ for a distance of 160.13 feet to the POINT OF BEGINNING; thence continue Northcrl~, 25.00 feet (measured at right angles) Easterly and Westerly of the center line of ;ai i Noremac Avenue for a distance of 90.44 feet to the north boundary of the portion oflan i herein described. Said lands located lying and being in the City of Miami Beach, [ad ~ County, Florida and containing 4,522 square feet more or less or 0.1038 acres more or les: . Commence at the intersection of the center line of 81 st Street and the West Right -of- 'Va ( line of Hawthorne Avenue as shown in I st Addition To Biscayne Point, recorded in Ph t Book 26, Page 63 of the Public Records of Dade County, Florida; thence run Westerly alon ~ the center line of said 81 st Street for a distance of 131.90 feet to the POINT 0 ~ BEGINNING; thence continue Westerly, 25.00 feet (measured at right angle) north an i south of the Westerly extension of the center line of said 81 st Street for a distance of 9 .0) feet to the west boundary of the portion of land herein described. Said lands located, 1; rin ~ and being in the City of Miami Beach, Dade County, Florida and containing 4,550 SqllaI ~ feet more or less or 0.1045 acres more of less. 2. That the above-referenced areas are the subject matter of a Class I Coastal Constructio 1 Permit under and pursuant to Section 24-58 of the Code of Metropolitan Dade County t) construct or engage in the following activity: Placing of an 8" subaqueous water main due to the replacement of the Noremac A Vt nu ~ Bridge and a 12" Subaqueous water main with the demolition of the 81 st Street Bridge OVl: r the Biscayne Point Canal 3. That your affiant hereby affirms the City of Miami Beach's interest in the above noted a:ecs necessary for the work noted in Paragraph 2 above and, subject to the limitations set f Jrt 1 in Section 768.28, Florida Statutes, the City of Miami Beach hereby agrees to defend sam ~ and hold Metropolitan Dade County harmless for any and all liability , claims and damagt s of any nature occurring, incurred or arising as a result of the City of Miami Beach not ha' ,in ~ the above stated interest in the afore stated areas. I of 2 Y'--~iLCT ulio rave de Peralta, Director Engineering & Construction Management City of Miami Beach STATE OF FLORIDA ) )SS COUNTY OF DADE ) The foregoing instrument was acknowledged before me this~ day of fJlal1.& 1 q9~ , by Julio Grave de Peralta who is personally known to me or who has produced as identification. ",/-:J J. /' ,/ /' '1 .,./, \,~ ,.;<" A /, .< ,/~ /~ ~L<.A...--'L"-.~_:g, ~ "'-- N TARY PUBLIC, STATE OF FLORIDA MY COMMISSION EXPIRES: 1-/ I ( ()!J prTNAME 1 ! <~ j:5e,pc /cft c;~t;:::: ~ }\ , J '. , 'LE.fA..Jlto eo~,l, rO-ACk CITY CLERK OFFICIAL NOTAKY sm. LILLIAN BEAUCHM.1P NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. Cc..1471,S2 MY COMMISSiON EXI'. FEB. 13,1998 ATTEST: F\WORK\$ALL\VGK\AFFIDA VIWPD APPROVED M TO FORM & I.ANGUAGE & fOR EXECunON 4tI tlka~ ' ~ Attorney ~S/:07 Date ' 2 of 2