Resolution 94-21093 RESOLUTION No. 94-21093
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH APPROVING A LEASE
AGREEMENT BETWEEN THE CITY AND THE FLORIDA •
DEPARTMENT OF TRANSPORTATION FOR THE CITY
OWNED VACANT LOT LOCATED ON THE WEST SIDE OF
COLLINS AVENUE AT THE 86-87TH STREET OUTBLOCK
ON NORTH SHORE OPEN SPACE PARK, AND LEGALLY
DESCRIBED AS BLOCK 18 (31-40) ALTOS DEL MAR
#1, AND AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE SAME.
WHEREAS, the Florida Department of Transportation (FDOT) through
its contractor, Mitchell Construction, has initiated a Citywide
Traffic Signalization Rehabilitation Project that will greatly
benefit the citizen of Miami Beach; and
WHEREAS, Mitchell Construction was granted approval by FDOT to
establish a project transition/staging site on the northeast end of
the Julia Tuttle Causeway for the duration of the Signalization
Rehabilitation Project, and
WHEREAS, this site is located in an area scheduled for improvements
as a component of the City of Miami' Beach's Julia Tuttle Highway
Beautification Project; and
WHEREAS, the relocation of this transition/staging site is
necessary to ensure the ongoing progress of the Julia Tuttle
Highway Beautification Project.
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 herein approve the attached Lease Agreement between the
City of Miami Beach and the Florida Department of Transportation,
for the City owned vacant lot located on the west side of Collins
Avenue at the 86-87th Street outblock on Nor Shore Open Space
Park and legally described as block 18 (31-4. " Altos del Mar #1, •
the Mayor and the City Clerk are here by auth,rized to exe, e the
agreement.
16th
PASSED and ADOPTED this day of Marc ' , 1994 .
MAYOR
ATTEST:
( 7 .. , n��. ORM APPR VEU
CITY CLERK LE T.
Date .97
•
CITY OF Imo; IA10.I BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305)673-7782
COMMISSION MEMORANDUM NO. Q a2-9(
March 16, 1994
TO: Mayor Seymour Gelber and DATE:
Members of the City Commission
FROM: Roger M. Cadtofiel
City Manager
A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND THE FLORIDA DEPARTMENT
SUBJECT: OF TRANSPORTATION.
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the Mayor and City Commission
authorize the execution of a lease agreement, for a period not to
exceed one (1) year, between the City of Miami Beach and the
Florida Department of Transportation (FDOT) for the City-owned lot
located on the west side of Collins Avenue between 86th and 87th
Streets. This lot will be utilized as a staging area for
construction equipment involved in a City-wide Signalization
Rehabilitation Project.
BACKGROUND:
The FDOT is currently involved in a project aimed at rehabilitating
traffic signals throughout the City of Miami Beach. The FDOT has
authorized its contractor, Mitchell Construction, to establish a
project transition/staging area at the northeast end of the Julia
Tuttle Causeway. This approval had been granted for the duration
of Mitchell Construction's contract period. However, the area
being utilized for the staging area is within the Julia Tuttle
Highway Beautification Project area, which is currently underway.
ANALYSIS:
Due to the fact that the Julia Tuttle Project is nearing. 40% -
completion, it is imperative that the existing staging area be
relocated'to ensure the ongoing progress of the Project. The FDOT
has agreed to relocating to the City-owned lot at Collins Avenue
between 86th and 87th Streets for a period not to exceed one (1)
year, or upon completion of the Signalization Rehabilitation
Project, which ever is sooner. FDOT has requested the contractor
not to begin operations prior to 7: 00 a.m. whenever possible, to
limit the impact on the surrounding neighborhood. Additionally,
security fencing will be installed around the perimeter of the site
to ensure controlled access to the staging area.
CONCLUSION: •
The Administration recommends that the City Commission authorize •
. the execution of a lease agreement for the FDOT to utilize the
aforementioned. City-owned property.
RMC/KS/dc
194
AGENDA
ITEM —
DATE 3- I Cam:
,tn .r
a r
LEASE AGREEMENT
This Lease Agreement is entered into this ab, day of , 1994,
by and between the CITY OF MIAMI BEACH, FLORIDA, as Lessor (hereafter referred to as
LESSOR or CITY) and the FLORIDA DEPARTMENT OF TRANSPORTATION, as Lessee
(hereafter referred to as LESSEE or FDOT).
In consideration of the premises, terms and for other good and valuable
consideration, the LESSOR and the LESSEE hereby agree as follows:
1. LESSOR leases to LESSEE the following described real property (hereinafter
referred to as the premises):
The City owned vacant lot located on the
west side of Collins Avenue.at 86-87 Street outblock
on North Shore Open Space Park, and legally described
• as BLK 18 (31-40) Altos Del Mar #1
2. The premises shall be used solely for and by FDOT, for the use and benefit
of FDOT's contractor, Mitchell Construction (the Contractor), 24 hours per day, seven days
per week, holidays included, for the purpose of housing a construction trailer, storing
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construction vehicles and materials, including but not limited to trucks and other related
construction machinery, all related to the Contractor's work on the Citywide Traffic
Signalization Rehabilitation Project. Furthermore, FDOT, and /or its Contractor shall be
solely responsible for securing the perimeter of the area by placing, at FDOT and/or its
Contractor's sole cost and expense, fencing around the perimeter surrounding the premises.
Neither FDOT nor its Contractor shall be permitted to store or stock pile soil, rock, and/or
other excavated materials on the premises.
3. LESSOR shall charge LESSEE a minimal lease rate for lease of the
aforementioned premises in the amount of one dollar ($1.00) per year.
4. The Department, as a State agency, is insured by the Florida Department of
Insurance. Therefore, any additional or outside coverage is not sought to cover possible
liability claims against the Department.
5. RIGHT OF ENTRY: LESSOR or any of its agents or representatives, shall have
the right to enter upon the premises during all hours during which LESSEE occupies same,
to examine the premises and monitor the condition of same.
6. SECURITY: LESSEE shall provide its own security throughout its occupancy
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of the premises. It is expressly agreed and understood that the LESSOR shall not in any way
be or assume responsibility for the personal safety of LESSEE's employees, invitees,
contractors, agents or any other person entering the premises in conjunction with this
Agreement, as well as any equipment or personal property brought onto the premises where
there is result of loss, theft, damage, or any othertype of casualty which may occur.
7. MAINTENANCE: LESSEE, at its sole cost and expense, shall maintain (or cause
to be maintained) the premises in a clean and orderly condition, not allowing refuse or
debris to accumulate, including but not limited to maintaining the general grass and other
landscaping surrounding in and around the premises in the same condition to which same
was maintained by LESSOR prior to commencement of this Agreement. LESSEE shall repair
any damage caused as a result of its use of the premises under this Agreement. Failure to
maintain the premises may result in LESSOR revoking the Agreement or providing for
cleanup services and charging the costs of this service back to the LESSEE. /
8. INDEMNIFICATION: In consideration of the CITY's permission for LESSEE's,
and/or its agents, employees, and/or invitees', occupancy and use of the premises during the
terms of this Agreement, LESSEE agrees to indemnify, defend, and hold the CITY harmless
to the extend of the limitations included in Florida Statue 768.28, subject of the provision
therein whereby the LESSEE shall not be held liable to pay personal injury or property
damage claim or judgment by any one person which exceeds the amount of $100,000 or
any claim or portions thereof, which, when totalled with-all other claims or judgments by
LESSEE arising out of the same incident or occurrence, exceed the sum of $200,000; from
any and all personal injury or property damage claims, liability, losses and causes of action
which lie solely on the LESSEE's, as/or its agents, employees and/or invitees' negligence in
its use and operation of the premises for the purpose stated herein. However, nothing
herein shall be deemed to indemnify the CITY for any liability and claim arising out its
negligence, performance, or failure of performance of the CITY or as a result of the
negligence of any unrelated third party; provided that nothing herein contained shall operate
as a waiver as to third parties of either the CITY or the LESSEE's sovereign immunity under
Florida Statute 768.28.
9. This Agreement shall be subject to cancellation by either party upon thirty(30)
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days written notice by certified mail or hand delivery as follows:
TO LESSOR: ROGER M. CARLTON, CITY MANAGER
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
LAURENCE FEINGOLD, CITY ATTORNEY
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
TO LESSEE: FLORIDA DEPARTMENT OF TRANSPORTATION
10. This Agreement shall not be assigned without the prior written consent of both
parties hereto.
11. The term this Agreement shall be for a one-year period, or the completion date
of the Citywide Traffic Signalization Rehabilitation Project, which ever occurs first. This
Agreement shall begin on March ag, 1994 and shall terminate, at'the latest date, as
previously specified, on March as, 1995.
12. The exercise of rights of cancellation under this Agreement may be with or
without cause for either party;
13. Upon expiration or other termination of the Agreement, LESSEE shall
immediately surrender possession of the premises to the LESSOR in substantially the same
condition in which LESSEE was required to maintain same hereunder, except for damage by
fire or other natural disaster. LESSEE agrees to restore the premises to their condition
immediately preceding the commencement of this Agreement. If, within ten (10) days
following the occurrence, permittee fails to repair or replace any damage to the premises
caused by the LESSEE, it agents, its employees or invitees, the LESSOR, may at its option,
cause all requirement renovations, maintenance, repairs or replacements required to be,
made, and LESSEE will be charged for all costs.
14. LIMITATION OF LIABILITY: The City desires to enter into this Agreement
only if in so doing the City can place a limit on the City's liability for any cause of action
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for money damages due to an alleged breach by the City of this Agreement, so that its
liability for any such breach never exceeds the sum of $10,000. LESSEE hereby expresses
its willingness to enter into this Agreement with LESSEE's recovery from the City for any
damage action for breach of contract to be limited to a maximum amount of $10,000.00.
Accordingly, and notwithstanding any other term or condition of this Agreement,
LESSEE hereby agrees that the City shall not be liable to the LESSEE for damages in an
amount in excess of $10,000.00, for any action or claim for breach of contract arising out
of the performance or non-performance of any obligations imposed upon the City by this
Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any
way intended to be a waiver of the limitation placed upon City's liability as set forth in
Florida Statutes, Section 768.28.
15. ARBITRATION: Any controversy or claim for money damages arising out of
or relating to this Agreement, or the breach hereof, shall be settled by arbitration in
accordance with the Commercial Arbitration Rules of the American Arbitration Association,
and the arbitration award shall be final and binding upon the parties hereto and subject to
no appeal, and shall deal with the question of the costs of arbitration and all matter related
thereto. In that regard, the parties shall mutually select an arbitrator, but to the extent the
parties cannot agree upon the arbitrator, then the American Arbitration Association shall
appoint one. ,Judgment upon the award rendered may be entered into any court having
jurisdiction, or application maybe made to such court for an order of.enforcement. Any
controversy or claim other than a controversy or claim for money damages arising out of or
relating to this Agreement, or the breach thereof, including any controversy or claim relating
to the right to specific performance shall be settled by litigation and not arbitration.
WHEREFORE, the parties hereto have, caused their proper officers to affix their
signatures and seals on the date first set forth above.
ITY OF MIAM B:. CH ATTEST:
,111
YOR CITY CLERK
4
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j
FL RID DEPARTMENT OF TRANSPORTATION
ATTEST.
o "
ACCEPTED AND AGREED TO BY:
AA:
PRE ENT/ IT HELL C NSTRUCTION
RJA/cnm
RJAdskl.Agts\a:FDOT&CMB.AGT
Rev.3-8-94
FORM APPR i
LEG /IP . I 410,
• By �``' — -�
Date 24.74
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