94-21441 ResoRESOLUTION NO. 94-21441 J
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA RATIFYING
THE ACTION OF THE MIAMI BEACH REDEVELOPMENT
AGENCY IN AUTHORIZING THE CHAIRMAN AND
SECRETARY TO EXECUTE A LICENSE AGREEMENT WITH
THE UNITED STATES GOVERNMENT FOR - MILITARY
TRAINING.
WHEREAS, .the United States Government has requested that the Redevelopment
Agency ("RDA') grant -the United .States Government a license to perform military training
on the land and improvements thereon commonly known as the St. Moritz Hotel, 1565
Collins Avenue, Miami Beach, Florida; and
WHEREAS, the proposed License Agreement is attached to this Resolution as
Exhibit "A."
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the action of the Miami
Beach Redevelopment Agency in authorizing the Chairman and Secretary to execute the
attached License Agreement with the U.S. Government for the purpose of conducting
military training on the'land and improvements known as the St. Moritz Hotel, 1565 Collins
Avenue, Miami Beach, Florida is ratifi
PASSED and ADOPTED THIS
ATTEST:
CITY CLERK
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LAURENCE FEINGOLD
CITY ATTORNEY
TO:
FROM
OFFICE OF THE CITY ATTORNEY
F L O R I D A
a ��Pr�4Cy
;liMconr oA�n #
P.O. BOX O
MIAMI BEACH, FLORIDA 33119-2032
TELEPHONE (305) 673-7470
TELECOPY (305) 673-7002
COMMISSION MEMORANDUM NO. _9 (�2. - q 4,
MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
LAURENCE FEINGOLD f
- CITY ATTORNEY LG
ROGER M. CARLTO
CITY MANAGER
DATE: DECEMBER 21, 1994
SUBJECT: LICENSE AGREEMENT WITH U.S. GOVERNMENT FOR MILITARY
- TRAINING
Recommendation:
That the City Commission ratify the actions of the City of Miami Beach
Redevelopment Agency pertaining to the proposed license agreement with the United
States Government for military training on the land and improvements commonly known
as the St. Moritz Hotel, 1565 Collins Avenue, Miami Beach, Florida.
Analysis:
The U.S. Government has requested that it be granted a license to perform certain .
military training activities on the land and improvements thereon commonly known as the
St. Moritz Hotel, 1565 Collins Avenue, Miami Beach, Florida. As one can see from the
proposed license agreement attached to the resolution as Exhibit "A," the license pertains
to the period of time from January 6 through January 14, 1995.
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AGENDA _� J
ITEM__ �-
1700 CONVENTION CENTER DRIVE — FOURTH FLOOR — MIAMI BED 14
DATE
PLEASE NOTE: UNITED STATES GOVERNMENT DECIDED NOT TO SIGN THIS DOCUMENT
PER JOHN DELLAGLORIA, LEGAL DEPARTMENT LICENSE
NUMBER:
DEPARTMENT OF THE ARMY
LICENSE
The MIAMI BEACH REDEVELOPMENT AGENCY (Licensor), is the owner/manager of
certain real property (Property) which the UNITED STATES OF AMERICA, (Government), has
requested to use for military training and other activities for the United States Army Special
Operations Command (USASOC), of Fort Bragg, North Carolina, as well as other Army,
Department of Defense, and government agencies.
The Licensor hereby grants a license to the Government, upon the following terms and
conditions, to which the parties have agreed:
1. Revocable License. The Licensor hereby grants to the Government, subject to the
provisions of this document, a revocable license, to enter into and upon the Property described in
paragraph 11 at any time within the periods January 6, 1995 to January 14, 1995 in order to conduct
military training and other activities.
The military training and other activities will consist of the following:
a. The firing of "simunitions," a type of paint pellet, into targets.
b. Climbing and rappelling.
The Government's activities will not affect in any way the structural soundness of the Property. The
Government's use of the Property is contingent on its provision of 10 days notice to the Licensor of
its intent to commence such use. The Government will give such 10 days notice to the Licensor
each time the Government intends to commence such use. The notice will include the approximate
date and time of such use and the duration of use.
2. No Cost/Cost. The Licensor provides this license at no cost.
3. Hold Harmless and Indemnification. Notwithstanding anything to the contrary, the
Government will hold harmless and indemnify, to the extent allowed by Federal law, the Licensor
and the City of Miami Beach, Florida (City) in the case of any claim or lawsuit for personal injury,
wrongful death, real property damage, personal property damage or any other losses or damages
arising in connection with this license.
EXHIBIT "A"
4. Hazardous Conditions. The Government acknowledges that the Property may contain
hazardous conditions. In consideration for the use of the Property, the Government agrees to hold
the Licensor and the City harmless and indemnify Licensor and the City from claims by the
Government's agents or officers concerning these hazards, and the Government will use and/or
occupy the Property on an "as is" basis.
5. Release of Liability. The Government agrees that all personnel who are to participate
in the training on the Property will have executed a Release of Liability, in the form attached hereto
as Exhibit "A", before entering onto the Property. The Release of Liability will release the
Licensor and the City from liability for personal injury and/or wrongful death to Government
personnel and for damage to the equipment of Government personnel -during the training activities
on the Property, except for intentional torts of the Licensor, its employees, and agents.
6. Walkthrouah. Prior to Government use of the Property under this license,
representatives of the Government and the Licensor will conduct a walkthrough of the Property to
observe the general condition of any buildings and to discuss necessary preparations, likely impacts
on the use of the Property, and likely repairs, if any, which may be necessary as a result of the
training. A memorandum documenting the results of the walkthrough will be prepared.
7. Damages. The Licensor agrees to notify the Government of any damage to the
Property within five (5) business days after the Government notifies the Licensor that it has
completed its use, except for latent damages which are damages that cannot be detected by the naked
eye in an inspection of the Property immediately after the Government completes its use. The
Licensor, agrees to notify the Government of any latent damages within ninety (90) days after the
Government notifies the Licensor that it has completed its use. Compensation for damage not so
reported is waived. Damages under this agreement do not include fair wear and tear on the
property. The Government agrees to perform the repairs and/or provide compensation to Licensor
within ten (10) business days of completing its use or, in the case of latent damages, within ten (10)
business days of receiving notification from the City of the damage.
8. Training Security. The Licensor agrees not -to grant permission to other persons to
enter onto the premises without prior permission of the representative of the Government during a
period of training. Moreover, the Licensor consents to the Government's placement of guards at
various points in and around the Property to prevent any person not authorized to observe or
participate in the training or from entering the Property while the training is in progress. This
provision is not intended to prevent the Licensor from entering the Property to revoke the license.
2
9. Licensor's Representation. Licensor has made no representations to the Government
as to whether the licensed Property is occupied or vacant. It is solely the Government's
responsibility to determine and maintain the vacancy of the Property at the commencement of this
license and throughout the term thereof. Licensor represents only that none of Licensor's agents,
contractors, or employees shall be given permission by Licensor to enter the Property during the
term of this license without the consent of the Government.
10. Liability Limitations. The Government's liability shall not exceed that allowable
under the Federal Tort Claims Act or other applicable provision of Federal law.
The Licensor desires to enter into this license only if in so doing the Licensor can place a
limit on the Licensor's and the City's liability for any cause of action for money damages due to an
alleged breach by the Licensor of this license, so that its liability for any such breach never exceeds _
the sum of $5,000. Accordingly, and notwithstanding any other term or condition of this license,
the Government and Licensor hereby agree that neither the Licensor nor the City shall be liable to
the Government for damages in an amount in excess of $5,000 for any action or claim for breach of
contract arising out of the performance or non-performance of any obligations imposed upon the
Licensor by this license. Notwithstanding anything to the contrary, there shall be no waiver of the
limitation placed upon the Licensor's and the City's liability as set forth in Section 768.28, Florida
Statutes.
11. Property description. The Property (including land, buildings and other
improvements) that is the subject of this license is the St. Moritz Hotel, 1565 Collins Avenue,
Miami. Beach, Florida. The legal description of the Property is contained in Exhibit "B".
12. The parties agree that a facsimile copy of this agreement bearing signatures of the
Licensor's and Government's representatives is valid for all purposes.
13. This license shall be governed by and construed in accordance with the laws of the
State of Florida. Any litigation arising in connection with this license shall be brought exclusively
in Dade County, Florida.
14. Entirety of Agreement. This license embodies the entire agreement and
understanding between the parties hereto, and there are no other agreements and understandings, oral .
or written, with reference to the subject matter hereof that are not merged herein and superseded
hereby.
3
15. No Changes to Agreement. No change in the terms of this license shall be valid
unless made in writing and signed by both parties.hereto.
DATED AS OF THE
MIAMI ACH REDE'
AGE
By:
eymour Gelb. ,'
day of , 19
PMENT
---
RicharC-,,' . rBrown., " Secretary
Date
Tele # (305) 673-7030
a:jd\army.wpd
UNITED STATES OF AMERICA
By:
Richard G. Thompson
(Printed name)
Date
Tele # 910-396-0947
Fax # 910-396-6990
FORM APP VED
REDEVELOPM GENCY
GEN RA SEL
By
Date I�f-�--�
4
RELEASE OF LIABILITY
MILITARY PERSONNEL PARTICIPATING IN TRAINING WITH U.S. ARMY
Prescribing Directive: 10 USC 2733, 28 USC 2671-2680, AR 27-20
Authority: 10 USC 3012
Principal Purpose(s): To release and hold harmless the United States Government, Department of
the Army, the Miami Beach Redevelopment Agency, the City of Miami Beach, Florida and private
property owners connected directly or indirectly with U.S. ARMY SPECIAL OPERATIONS
COMMAND from any and all liability because of personal injury and/or wrongful death to or
property damage of such personnel receiving training with U.S. ARMY SPECIAL OPERATIONS
COMMAND.
Mandatory or Voluntary Disclosure and Effect on Individual Not Providing Information: Voluntary;
however, if information is not furnished, the individual may be denied the privilege to participate
in the aforementioned training.
GENERAL RELEASE
KNOW-ALL MEN BY THESE PRESENTS:
Whereby I, , an adult person, residing at
do hereby agree in full that in consideration of my being
allowed to participate with and receive training with U.S. ARMY SPECIAL OPERATIONS
COMMAND in particular breaching, live fire, aircraft and other similar training, conducted on the
day(s) of , 1994, that for myself, my heirs, executors,
assigns, and administrators, I do hereby remise, release and forever discharge the government of the
United States, Department of the Army, the Miami Beach Redevelopment Agency, the City of
Miami Beach, Florida, and private property owners, and all their officers, agents and employees,
from any and all CLAIMS, DEMANDS, ACTIONS, OR CAUSES OF ACTION, except for
intentionaltorts, that myself, my heirs, assigns, or executors may have or seek to pursue as a result
of acts performed or not performed or equipment used or not used during my participation in the said
training.
This the day of , 1994.
Witness
Typed/Printed name
Signature
EXHIBIT "A"
PARCEL It Lots 9, 10, lit 12 and Nl/2 of Lot 8 and the A/2 of Lot 13 in Block 56 of
FISOMR'S ripen SUMMSION CP AL" BEACH FLOMDA, a subdivision in fractional
Section 341 To*nshlp 53 South, Range 42 East, according to the Plat thereof,
recorded in Plat Bode 2, at page 77, of the Public Records of Dade County, Florida;
a1S0
PARCM 2! Beginning at the Northeast Oo[net of Lot 9, in Block 56 of rises s FIRSP
SUFf)MSION Cr ALTON E11C7i, as the same is shown marked and designated on a Plat of
said sLbdivision, recorded in Plat Bode 2, at Page 77 in the Office of the Clerk of
the Circuit Court in and for Dade County, r1orida; thence run in an Easterly
direction along the tbrth line of Lot 9 of Block 56, produced to the High %ter Line
of the Atlantic ocean; thence run in a Southerly direction MuZerirag said High
Water Line a distance of 76.05 feet plus or minus to a points said point being at
the intersection of the last Mtioned course with the center line of Lot 8 of Block
56 produced to the High water tine of the Atlantic oceans thence run in a Westerly
direction along said center line of Wt 8 Block 56 produced to the East line of '
Block 56, at its intersection with the center line of Lot 8 in Block 56s thence run
In a Northerly direction along said East line of Block 56, a distance of 76.05 feet
PUB or minus to poine of beginnings
also
pAACm 31 Beginning at the Southeast Cotner of Lot 10, in Block 56 as shown by a
Plat entitled •FISWR'S F=t SUMMSIOH CF AMW BE-Va*, said Plat being recorded
In Plat Bode 2, at Page 77, of the public pecords of Dade County, Florida; run in a
Northerly direction along the East line of said Lot 10 a distance of $0.7 feet to
the Northeast cornet of Lot 10; thence run in an Easterly direction along the North
line of said Lot 10, produced Easterly to the High Water Line of the Atlantic Oceans
thence run in a Southetly direction, meandering said High Water Line a distance of
50.7 feet, plus or minus, to a point; thence run in at Westerly direction along the
South line of Lot 10, in Block 56, produced Easterly, to the Point of Beginning.
E)mjLis r °Ba -