Resolution 2023-32529RESOLUTION NO., 2023-32529
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
CITY MANAGER AND CITY CLERK TO EXECUTE A MAINTENANCE
MEMORANDUM OF AGREEMENT (MMOA), BETWEEN THE CITY AND
THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT),
ASSIGNING TO THE CITY THE FULL MAINTENANCE
RESPONSIBILITIES FOR CERTAIN LANDSCAPING AND
ARCHITECTURAL FEATURES AND IMPROVEMENTS ALONG A
PORTION OF STATE ROAD (SR) 907 (ALTON ROAD) AND SR-A1A
(MACARTHUR CAUSEWAY) (5TH STREET), IN CONNECTION WITH THE
REDEVELOPMENT OF THE PROPERTY LOCATED AT 500 ALTON
PARK.
WHEREAS, TCH 500 Alton, LLC (the "Developer"), as successor -in -interest to
South Beach Heights I, LLC, 500 Alton Road Ventures, LLC, 1220 Sixth, LLC, and KGM
Equities, LLC, is the owner of the property located at 500 Alton Road. The Developer
intends to develop the property with a mixed -use residential and commercial development
as part of an overall redevelopment plan that also included the construction and dedication
of the City's Canopy Park and the development of a new pedestrian bridge crossing SR-
A1A (MacArthur Causeway) (5th Street) at West Avenue; and
WHEREAS, the Developer has obtained certain approvals from the City in
connection with the redevelopment of the property located at 500 Alton Road; and
WHEREAS, the City, under permit numbers 2022-L-691-00015, 2021-A-691-00003,
2021-D-691-00002 and 2021-K-691-00004, requested that the owners install and maintain
landscape, irrigation, bonded aggregate surfaces, pavers, and pigmented sidewalks on the
property and along a portion of State Road (SR) 907 (Alton Road) and SR -Al A (MacArthur
Causeway) (5th Street) (the "Improvements"), in accordance with all applicable department
guidelines, standards, and procedures, and the "Maintenance Rating Program" of the
International Society of Arboriculture standards, guidelines and procedures; and
WHEREAS, in addition to adherence to the approved site plans, the City will require
the Developer to execute a Declaration of Restrictive Covenants and Maintenance
Agreement, regarding its responsibility to adequately maintain the Improvements required
by the development approvals and as required by FDOT pursuant to the MMOA (as
described below), at no cost to the City; and
WHEREAS, the Developer has applied to the City for permission to install the
Improvements within the right-of-way, which extend into the Florida Department of
Transportation's (FDOT) jurisdiction along a portion of State Road (SR) 907 (Alton Road)
and SR-AlA (MacArthur Causeway) (5th Street); and
WHEREAS, in order for FDOT to approve the issuance of the required permits for
the project, FDOT is requiring that the City execute a Maintenance Memorandum of
Agreement (MMOA), pursuant to which the City assumes responsibility for maintaining the
Improvements (a copy of the MMOA is attached to the Memorandum accompanying this
Resolution); and
WHEREAS, pursuant to the Declaration, the City will transfer to Owner all
maintenance obligations imposed upon the City under the MMOA; and
WHEREAS, the Improvements will enhance the aesthetic appeal of the Northwest quadrant
of the intersection of Alton Road (SR-907) and the MacArthur Causeway/5th Street (SR -
Al A).
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission hereby approve and authorize the City Manager and City Clerk to execute a
Maintenance Memorandum of Agreement (MMOA), between the City and the Florida
Department of Transportation (FDOT), assigning to the City the full maintenance
responsibilities for certain landscaping and architectural features and improvements along a
portion of State Road (SR) 907 (Alton Road) and SR-A1A (MacArthur Causeway) (5tn
Street), in connection with the redevelopment of the property located at 500 Alton Park,
provided that the City transfers all responsibilities to TCH 500 Alton, LLC, pursuant to a
Declaration of Restrictive Covenants and Maintenance Agreement.
PASSED and ADOPTED THIS
ATTEST:
MAR 31 Pn7 i
TY CLERK __
a7 day of *urr'll , 2023.
CORPIORATE
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
3-i3-33
City Attomey 41W Date
Resolutions - C7 M
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor,and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: March 27, 2023
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE A MAINTENANCE
MEMORANDUM OF AGREEMENT (MMOA), BETWEEN THE CITYAND THE
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), ASSIGNING .TO
THE CITYTHE FULL MAINTENANCE RESPONSIBILITIES FOR CERTAIN
LANDSCAPING AND ARCHITECTURAL. FEATURES AND
IMPROVEMENTS ALONG A PORTION OF STATE ROAD (SR) 907 (ALTON
ROAD) AND SR-A1A (MACARTHUR CAUSEWAY) (5TH STREET), IN
CONNECTION WITH THE REDEVELOPMENT OF THE PROPERTY
LOCATED AT 500 ALTON ROAD.
RECOMMENDATION
The Administration recommends approving the execution of the MMOA.
BACKGROUND/HISTORY
TCH 500 Alton, LLC. (the "Developer"), as successor -in -interest to South Beach Heights I,
LLC, 500 Alton Road Ventures, LLC, 1220 Sixth, LLC, and KGM Equities, LLC., is the owner
of the property located at 500 Alton Road. The Developer intends to develop the property with a
mixed -use residential and commercial development.
The Developer has obtained certain approval from ,the City in connection with the
redevelopment of the property located at 500 Alton Road. The City, under permit numbers
2022-L-691-00015, 2021-A-691-00003, 2021-D-691-00002 and 2021-K-691-00004,
requested that the owners install and maintain landscape, irrigation, bonded aggregate surfaces,
pavers, and pigmented sidewalks on the property along a portion of State Road (SR) 907 (Alton
Road) and SR-A1A (MacArthur Causeway) (5th Street), in accordance with all applicable
department guidelines, standards, and procedures, and the "Maintenance Rating Program"
of the I ntemational Society of Arboriculture standards, guidelines and procedures.
In addition to adherence to the approved site plans, the City will require the Developer to
execute a Declaration of Restrictive Covenants and Maintenance Agreement, regarding its
responsibility to adequately maintain the Improvements required by the development approvals
-and as required by FDOT, at no cost to the City.
Page 479 of 1292
The Developer has applied to the City for permission to, install the Improvements within the
right-of-way, which extend into the Florida Department of Transportation's (FDOT) jurisdiction
along a portion of State Road (SR) 907 (Alton Road) and SR-A1A (MacArthur Causeway) (5th
Street).
In order for FDOT to approve the issuance of the required permits for the project, FDOT is
requesting that the City be responsible for the maintenance of the improvements via a
Maintenance Memorandum of Agreement (MMOA), attached hereto.
FDOT will approve' the permits for the proposed improvements, as long as the. City agrees to
execute an MMOA with FDOT, accepting full maintenance responsibility for the area. The City
then relies upon the Covenants, to assign the maintenance responsibility to the private property
owner. The City has executed several similar agreements in the past where landscape and
nonstandard materials have been installed.
SUPPORTING SURVEY DATA
Results from the 2022 Resident Survey related to the City's perception and satisfaction show
an overall approval of 67.4%, and rated the City as a good place to live.
FINANCIAL INFORMATION
No fiscal impact. Maintenance costs by the Applicant will be covered under a Declaration of
Restrictive Covenant. Agreement.
CONCLUSION
The Administration recommends approving the execution of the MMOA.
Applicable Area
South Beach
Is this a "Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Strategic Connection
Prosperity - Market and promote Miami Beach -as a world class arts, culture, and quality
entertainment destination.
Legislative Tracking
Public Works
ATTACHMENTS:
Description
o Draft MMOA500Alton Park
❑ Resolution
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FLORIDA DEPARTMENT OF TRANSPORTATION
LANDSCAPE, IRRIGATION, BONDED AGGREGATE SURFACES
PAVERS, AND PIGMENTED SIDEWALKS
MAINTENANCE MEMORANDUM OF AGREEMENT
WITH THE
CITY OF MIAMI BEACH
This AGREEMENT, entered into on 20by 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 the State
of Florida, hereinafter called the CITY, and collectively referred
to as the PARTIES.
RECITALS!
A. The DEPARTMENT has jurisdiction over State Road (SR) 907
(Alton Road) and SR-AlA (MacArthur Causeway) (5th Street),
which is located within the limits of the CITY; and
B. The CITY, pursuant to Permit Numbers 2022-L-691-00015, 2021-
A-691-00003, 2021-D-691-00002 and 2021-K-691-00004, has
required the Permittee to draft design plans for improvements
along SR-907 (Alton Road) and SR-A1A (MacArthur Causeway)
(5th 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 CITY or Permittee will install landscape, irrigation,
bonded aggregate surfaces, pavers, and pigmented sidewalks
along SR-907 and SR-AlA, inside DEPARTMENT Right -of -Way and
Easements, within the PROJECT LIMITS, in accordance with the
design plans for Permit Numbers # 2022-L-691-00015, 2021-A-
691-00003, 2021-D-691-00002 and 2021-K-691-00004 (the
"Project"); and
D. It is the intent of the PARTIES for this AGREEMENT to
supplement all existing Maintenance Memorandum of Agreement
and existing Permits previously executed between the
DEPARTMENT and the CITY with respect to the area defined in
Exhibit `A'; and
E. The PARTIES to this AGREEMENT mutually recognize the need
for entering into an agreement designating and setting forth
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the responsibilities of each party with regards to the
maintenance of the landscape, irrigation, bonded aggregate
surfaces, pavers, and pigmented sidewalks installed pursuant
to the Project; and
F. The CITY, by Resolution No. , dated ,
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
consideration, 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. ASSIGNMENT OF MAINTENANCE RESPONSIBILITIES
The PARTIES agree that the execution of this AGREEMENT shall
constitute an assignment of all maintenance responsibilities
pertaining to the landscape, irrigation, bonded aggregate
surfaces, pavers, and pigmented sidewalks (collectively the
"IMPROVEMENTS") within the PROJECT LIMITS to the CITY upon
the DEPARTMENT's issuance of the executed Permit to the CITY
or Permittee.
3. CITY'S MAINTENANCE RESPONSIBILITIES
So long as the IMPROVEMENTS remain in place, the CITY shall
be responsible for the maintenance of the same. The CITY
shall maintain the IMPROVEMENTS in accordance with all
applicable 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, with respect to the landscape,
the CITY shall maintain same in accordance with the
International Society of Arboriculture standards, guidelines
and procedures, the latest edition of the "Maintenance Rating
Program", and Index 546 of the latest DEPARTMENT Design
Standards, as may be amended from time to time. The CITY
shall further maintain the IMPROVEMENTS in accordance with
the standards set forth in the Project Plans, and in the
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Project Specifications and Special Provisions. The CITY's
maintenance obligations shall include but not be limited to:
3.1 General Requirements:
a. Removing and disposing of litter from PROJECT LIMITS
in accordance with all applicable government rules,
regulations, policies, procedures, guidelines, and
manuals, as amended from time to time.
b. Removing and disposing of all trimmings, roots,
branches, litter, and any other debris resulting from
the activities described by 3.2 through 3.5.
c. Maintaining a service to
operations that sets forth th
e
d. Submitting 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 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.
3.2 Landscape and Associated Improvements:
a. Mowing, cutting and/or trimming and edging the grass
and turf within the PROJECT LIMITS.
b. Pruning all plant materials, which include trees,
shrubs and ground covers, and parts thereof, including
all material from private property encroaching into
the DEPARTMENT'S Right -of -Way.
c. All pruning and trimming will follow the Maintenance
Rating Program Handbook which specifically requires
no encroachment of trees, tree limbs or vegetation in
or over travel way (or clear zone) lower than 14.5
feet, or lower than 10 feet over sidewalks.
d. Removing and properly disposing of dead, diseased or
otherwise deteriorated plants in their entirety, and
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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 time to time. All
replacement materials shall be in accordance with the
Project Plans and the Project Specifications and
Special Provisions.
e. Mulching all plant beds and tree rings.
f. Removing and disposing of all undesirable vegetation
including but not limited to weeding of plant beds
and removal of invasive exotic plant materials.
g. Watering and fertilizing all plants as needed to
maintain the plant materials in a healthy and vigorous
growing condition.
h. Repairing irrigation systems and associated
components as needed. Paying for all water use and
all costs associated therewith.
i. Repairing decorative lighting systems as needed.
Paying for all electricity and all costs associated
therewith.
j. Removing and disposing of litter from the Project
Limits in accordance with all applicable government
rules, regulations, policies, procedures, guidelines,
and manuals, as amended from time to time.
k. Repairing all sidewalks damaged by landscaping found
inside and outside the DEPARTMENT's Right -of -Way.
1. Removing and disposing of all trimmings, roots,
branches, litter, and any other debris resulting from
the activities described by 3.2.a through 3.2.k.
3.3 Bonded Aggregate Surfaces:
a. Performing routine and regular inspections of the
bonded aggregate surfaces including their perimeter
concrete edges (the "interface") to ensure that the
surface is fully functional; identifying damage
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and/or malfunctions in the surfaces; and repairing
and/or replacing damaged bonded aggregate surfaces
and the interface to ensure surfaces are maintained
in accordance with all applicable DEPARTMENT
guidelines, standards, and all applicable American
with Disabilities Act (ADA) requirements, as amended
from time to time.
b. The CITY shall conduct annual condition surveys of
the bonded aggregate surfaces for gaps, settlement,
drop-offs and other deficiencies described in this
AGREEMENT for the life of the bonded aggregate.
Ensure and document in this survey that the surface
friction of the bonded aggregate surface meets or
exceeds the surface friction of the existing concrete
sidewalk areas.
c. Gaps within the bonded aggregate surfaces shall not
exceed a quarter (1/4) of an inch. Gaps at the
interface between the bonded aggregate surfaces and
the adjacent concrete sidewalk(s) shall not exceed a
quarter (1/4) of an inch. This requirement also
applies to adjacent areas of existing concrete
sidewalk(s) that have been impacted by the trees
planted within the bonded aggregate surfaces.
d. Differential settlement within the bonded aggregate
surfaces shall not exceed a quarter (1/4) of an inch
in depth. Differential settlement at the interface
between the bonded aggregate surfaces and the adjacent
concrete sidewalk(s) shall not exceed a quarter (1/4)
of an inch in depth. This requirement also applies
to adjacent areas of existing concrete sidewalk(s)
that have been impacted by the trees planted within
the bonded aggregate surfaces.
e. When remedial action is required in accordance with
the above requirements, the CITY at its own expense
shall complete all necessary repairs within ninety
(90) days of the date the deficiency is identified.
3.4 Decorative Pavers:
a. Sweep the decorative pavers periodically to keep it
free of debris and to maintain an aesthetically
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pleasing condition. A light pressure washing may be
necessary for heavy stain removal or cleaning.
b. The CITY shall conduct annual condition surveys of
the decorative pavers, including their perimeter
concrete edges for gaps, settlement, drop-offs, and
other deficiencies for the life of the decorative
pavers.
c. Performing routine and regular inspections of the
decorative pavers, including their perimeter concrete
edges to ensure that the surface is American with
Disabilities Act (ADA) compliant.
d. Gaps within the decorative pavers shall not exceed a
quarter (0.25) of an inch.
e. Differential settlement within the decorative pavers
shall not exceed a quarter (0.25) of an inch in depth.
f. Undertaking the maintenance and repair (when needed)
of decorative pavers, including their perimeter
concrete edges.
g. For any routine repairs or replacement due to
noticeable color scarring or surface deterioration of
the decorative pavers, the product authorized
installer should be contacted.
h. When remedial action is required in accordance with
the above requirements, the CITY at its own expense
shall complete all necessary repairs within thirty
(30) days of the date the deficiency is identified.
3.5 Pigmented Sidewalks:
a. Performing routine and regular inspections of the
pigmented sidewalks. Identify damages on the
surfaces. Repair and/or replace damaged pigmented
sidewalks to ensure surfaces are maintained in
accordance with all applicable DEPARTMENT guidelines,
standards, and all applicable American with
Disabilities Act (ADA) requirements, as amended from
time to time.
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b. The CITY shall conduct annual condition surveys of
the pigmented sidewalks for gaps, settlement, drop-
offs and other deficiencies described in this
AGREEMENT for the life of the pigmented sidewalks.
c. Gaps within the pigmented sidewalks shall not exceed
a quarter (1/4) of an inch. Gaps at the interface
(perimeter) between the pigmented sidewalks and the
adjacent standard concrete sidewalk(s) shall not
exceed a quarter (1/4) of an inch. This requirement
also applies to adjacent areas of existing concrete
sidewalk(s) that have been impacted by the trees
planted within the pigmented sidewalks.
d. Differential settlement within the pigmented
sidewalks shall not exceed a quarter (1/4) of an inch
in depth. Differential settlement at the interface
(perimeter) between the pigmented sidewalks and the
adjacent standard concrete sidewalk(s) shall not
exceed a quarter (1/4) of an inch in depth. This
requirement also applies to adjacent areas of existing
concrete sidewalk(s) that have been impacted by the
trees planted within the pigmented sidewalks.
e. When remedial action is required in accordance with
the above requirements, the CITY at its own expense
shall complete all necessary repairs within ninety
(90) days of the date the deficiency is identified.
f. Paint, repair and/or replace damaged concrete
slabs/flags shall be in kind (texture, geometry,
color, strength, etc.) and in accordance with all
applicable DEPARTMENT guidelines, standards, and all
applicable American with Disabilities Act (ADA)
requirements, as amended from time to time.
The CITY shall submit all services logs, inspections and
surveys to the DEPARTMENT Warranty Coordinator as required
in the above maintenance responsibilities.
The DEPARTMENT may, at its sole discretion, perform periodic
inspection of the IMPROVEMENTS 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
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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 IMPROVEMENTS, or a part thereof and invoice
the CITY for expenses incurred; or
b. Terminate this AGREEMENT in accordance with Section 7,
remove any or all of the IMPROVEMENTS located within
the PROJECT LIMITS, and charge the CITY the reasonable
cost of such removal.
5. NOTICES
All notices, requests, demands, consents, approvals, and
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
1000 Northwest 111 Avenue, Room 6205
Miami, Florida 33172-5800
Attn: District Maintenance Engineer
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To the CITY: City of Miami Beach
1700 Convention 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.
6. REMOVAL, RELOCATION OR ADJUSTMENT OF THE IMPROVEMENTS
a. The PARTIES agree that the IMPROVEMENTS 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 IMPROVEMENTS, the CITY's maintenance
responsibilities will survive the relocation or
adjustment, as long as the materials remain within the
PROJECT LIMITS.
b. In the event that the DEPARTMENT is required to replace
the landscape and/or sidewalk at any time as part of
maintenance activities, a roadway project, or related
construction activities, the DEPARTMENT shall replace
the same as a concrete type sidewalk, and the CITY's
maintenance obligations under this AGREEMENT shall
terminate. However, the CITY may, with the approval of
the DEPARTMENT, upgrade the sidewalk type at its sole
cost and expense with the understanding that the CITY
shall assume all maintenance obligations for the
upgraded sidewalk, and enter into a new maintenance
agreement.
7.TERMINATION
In addition to the provisions of Section 6(b) hereunder, 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.
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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,
letters, or other materials made or received by the CITY
pertinent to this AGREEMENT unless the records are
exempt from Section 24(a) of Article I of the State
Constitution and Section 119.07(1), of the Florida
Statutes.
c.If mutually agreed to by both parties, upon thirty (30)
days written advance notice. An agreement to terminate
shall be valid only if made in writing and executed with
the same formalities as this AGREEMENT.
d. By the CITY, upon thirty (30) days advance written
notice to the DEPARTMENT.
Prior to termination of the AGREEMENT under this Section,
the CITY shall, at its sole cost and expense, remove all the
IMPROVEMENTS and restore the area to a standard concrete
sidewalk, in accordance with the DEPARTMENT'S guidelines,
standards, and procedures, and to the satisfaction of the
DEPARTMENT, and shall further any remaining IMPROVEMENTS,
and restore the area to the same or similar condition as
existed prior to the installment of the IMPROVEMENTS, in
accordance with the DEPARTMENT'S guidelines, standards, and
procedures, and to the satisfaction of the DEPARTMENT.
8. TERMS
a. The effective date of this AGREEMENT shall commence upon
execution by the PARTIES and shall continue so long as
the IMPROVEMENTS remain in place until termination as
set forth in Section 7.
b. E-Verify
The CITY shall:
i. 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 contract; and
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ii. Expressly require any 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 eligibility of all new employees
hired by the subcontractor during the contract
term. (Executive Order Number 2011-02)
The CITY shall insert the above clause into any contract
entered into by the CITY with vendors or contractors
hired by the CITY for purposes of performing its duties
under this AGREEMENT.
C.This writing embodies the entire AGREEMENT and
understanding between the PARTIES hereto and there are
no other agreements 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.
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 portions 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 beeffective only if made in
writing and executed with the same formality as this
AGREEMENT.
i. The section headings contained in this AGREEMENT are
for reference purposes only and shall not affect the
meaning or interpretation hereof.
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j. No term or provision of this AGREEMENT shall be
interpreted for or against either Party because the
Party or its legal representative drafted the provision.
k. 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 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 its 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 AGREEMENT, 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 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
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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 reasonable attorney's 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 CITY's evaluation of liability 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 Beach
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IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed the day and year first above written.
CITY OF MIAMI BEACH:
BY:
CITY Manager
ATTEST:
BY:
CITY Clerk
CITY Attorney
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION:
BY:
District Director of
Transportation Operations
(SEAL) ATTEST:
LEGAL REVIEW:
BY:
Executive Secretary
District Chief Counsel
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
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EXHIBIT `A'
PROJECT LIMITS
Below are the limits of the IMPROVEMENTS to be maintained by the
CITY under this AGREEMENT.
State Road Number: Intersection of SR-907 and SR-AlA
Local Street Names: Intersection of Alton Road and
MacArthur Causeway) (5th Street)
Agreement Limits: Northwest (NW) quadrant of SR-907 and SR-A1A
County: Miami -Dade
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EXHIBIT 'B'
CITY OF MIAMI BEACH RESOLUTION
To be herein incorporated once ratified by the CITY Board of
Commissioners.
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