95-21794 Reso RESOLUTION NO. 95-21794
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 SHORT-TERM LEASE
AGREEMENT, NOT TO EXCEED ELEVEN MONTHS, BETWEEN THE
CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT) FOR THE CITY-OWNED VACANT LOT LOCATED ON THE
WEST SIDE OF COLLINS AVENUE AT THE 86TH-87TH STREET
OUTBLOCK; SAID LEASE HAVING THE MINIMAL RENTAL SUM OF
ONE DOLLAR PER YEAR BUT PROVIDING, AMONG ITS TERMS AND
CONDITIONS, THAT THE LOT BE APPROPRIATELY MAINTAINED
AND USED BY THE FDOT CONTRACTORS AS A STAGING AREA
FOR THE CITYWIDE TRAFFIC SIGNAL REHABILITATION PROJECT.
WHEREAS, the Florida Department of Transportation (FDOT) through its contractor, Mitchell
Construction, is undergoing a Citywide Traffic Signal Rehabilitation Project (Project) that will greatly
benefit the City; and
WHEREAS, approximately 110 intersections have been completed and 25 additional ones
have yet to be installed; and
WHEREAS, the City-owned vacant lot located at the 86th-87th Street outblock on North
Shore Open Space Park, and legally described as Block 18 (31-40) Altos Del Mar #1, has been used
as the Project staging area since March 1994 when a short-term lease agreement was executed by
FDOT and the City; and
WHEREAS, as the aforestated lease agreement has expired, the Administration would herein
recommend that the City execute the attached short-term Lease Agreement, with a term not to
exceed eleven (11) months, for the minimal rental sum of one dollar per year.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk be authorized to execute a short-
term Lease Agreement, not to exceed eleven months, between the City and the FDOT for the City-
owned vacant lot located on the west side of Collins Avenue at the 86th-87th Street outblock; said
lease having the minimal rental sum of one dollar per year but providing, among its terms and
conditions, that the lot be appropriately maintained and used by the FDOT contractors as a staging
area for the Citywide Traffic Signal Rehabilitation Project.
PASSED AND APPROVED this 25th day of October 1995.
/7/ I
ATT ST:
MAYOR
FORM APPRO'VFD
I Y CLERK
LEGAL D PT.
By v '
Date , ro 1!9�95
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. fl 9�-95
TO: Mayor Seymour Gelber and
Members of the City Commission DATE: October 25 , 1995
FROM: Jose Garcia-Pedrosa
City Manager
SUBJECT: A RESOLUTION THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A SHORT-TERM LEASE
AGREEMENT, NOT TO EXCEED ELEVEN MONTHS, BETWEEN THE
CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT) FOR THE CITY-OWNED VACANT LOT LOCATED ON THE
WEST SIDE OF COLLINS AVENUE AT THE 86TH-87TH STREET
OUTBLOCK; SAID LEASE HAVING THE MINIMAL RENTAL SUM OF
ONE DOLLAR PER YEAR BUT PROVIDING, AMONG ITS TERMS AND
CONDITIONS, THAT THE LOT BE APPROPRIATELY MAINTAINED
AND USED BY THE FDOT CONTRACTORS AS A STAGING AREA FOR
THE CITYWIDE TRAFFIC SIGNAL REHABILITATION PROJECT.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the Mayor and City Commission authorize the
execution of a short-term lease agreement, for a period not to exceed eleven
months, 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 at the 86-87th Street outblock of North Shore Open Space Park, and
legally described as Block 18 (31-40) Altos Del Mar #1 . This lot will continue to be
utilized as a staging area for construction equipment involved in a Citywide Traffic
Signal Rehabilitation project.
BACKGROUND
Using Hurricane Andrew relief funds, FDOT has been involved in a Countywide
project which is replacing span wire traffic signals with the sturdier mast arm
signals. Initially, only traffic signals on main roads and on State right-of-way were
to be replaced. Through concerted efforts by the City staff, the originally
programmed number of replacements in Miami Beach has almost doubled to the
AGENDA ITEM R -
DATE ) o-2 -9c
present 135 intersections, including several on City right-of-way. This has
extended the construction timeline and approximately 25 intersections have yet to
be upgraded.
For the last eighteen months, the City-owned vacant lot on the west side of Collins
Avenue by North Shore Open Space Park has been utilized by Mitchell
Construction, the FDOT Contractor, as staging site for the Citywide Traffic Signal
Rehabilitation project. The original lease agreement has expired,and a new
agreement is needed since the project may take several additional months to
complete.
ANALYSIS
The new, short-term lease agreement, in the amount of one dollar ($1 ) per year,
includes provisions for operating hours (7:30 a.m. to 6:30 p.m.) and removal of dirt
and debris at the staging area, which has been fenced by the Contractor to ensure
controlled access to the site. These provisions are in response to complaints from
neighboring property owners and observations by the City staff. Considerable
noise, dust, debris and disruption were also being generated by another FDOT
project - the drainage, milling and repaving project on Collins and Harding Avenues,
from 75th to 87th Streets - which has just been completed.
CONCLUSION
The Administration recommends that the City Commission authorize the execution
of this short-term lease agreement to help expedite completion of the Traffic Signal
Rehabilitation Project in Miami Beach.
JGP/AJ/aj
(stngsite)
LEASE AGREEMENT
This Lease Agreement is entered into this 25th day of October , 1995, 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 86-87th Streets outblock
on North Shore Open Space Park, and legally described
as Block 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 (Contractor), 24 hours per day,
seven days per week, holidays included, for the purpose of housing a construction
trailer, storing 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 Signal Rehabilitation Project (Project). Furthermore,
FDOT and/or its Contractor shall be solely responsible for securing the perimeter of
the area by placing and maintaining, at FDOT and/or its Contractor's sole cost and
expense, fencing around the perimeter surrounding the premises.
3. FDOT or its Contractor shall operate within the boundaries of the
premises and shall maintain same in a sanitary condition and in accordance with
Federal, State and local environmental agency regulations and the rules, regulations,
ordinances and permits of the City of Miami Beach.
4. Neither FDOT nor its Contractor shall be permitted to store or stock
pile soil, rock, and/or other excavated materials on the premises.
5. Disruption to the immediate neighborhood shall be kept to a minimum and
construction hours shall be 7:30 am.-6:30 pm., as per City Ordinance No.95-2982.
6. LESSOR shall charge LESSEE a minimum rate for lease of the premises
in the amount of one dollar ($1 .00) per year.
7. The FDOT, 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 FDOT. Notwithstanding the foregoing, and in
consideration of the benefit derived by Contractor from its use of the premises,
FDOT shall use its best efforts to assure that the Contractor maintain in full force
and effect, covering the premises throughout the term of this Agreement,
Commercial General Liability insurance coverage in the amount of $500,000 per
occurrence for bodily injury and property damage. This policy must also contain
coverage for premises operations, and name the City as additional insured.
8. 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.
9. SECURITY: LESSEE shall provide its own security throughout its
occupancy 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 other
type of casualty which may occur.
10. 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.
11 . 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 extent of the limitations included in Florida
Statute 768.28, subject to the provision herein whereby the LESSEE shall not be
held liable to pay personal injury or property damage claims or judgments 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 against LESSEE
arising out of the same incident or occurrence, exceed the sum of $200,000; from
any and all personal injury or property damage claims, liability, losses and causes of
action which lie solely on the LESSEE's, and/or its agents, employees and/or
invitees' negligence in its use and operation of the premises for the purpose stated
herein. However, nothing herein shall be deemed to indemnify the CITY for any
liability and claim arising out of its negligence, performance, or failure of
performance of the CITY or as a result of the negligence of any unrelated third
party; provided that nothing herein contained shall operate as a waiver as to third
parties of either the CITY or the LESSEE's sovereign immunity under Florida Statute
768.28.
1 2. This Agreement shall be subject to cancellation by either party upon
thirty (30) days written notice by certified mail or hand delivery as follows:
TO LESSOR: Kevin Smith, DIRECTOR
Recreation, Culture and Parks
City of Miami Beach
1 700 Convention Center Drive
Miami Beach, FL 33139
with copies to
Murray H. Dubbin, CITY ATTORNEY
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
TO LESSEE: FLORIDA DEPARTMENT OF TRANSPORTATION
13. This Agreement shall not be assigned without the prior written
consent of both parties hereto.
14. The term of this Agreement shall be for an eleven-month period, or the
completion date of the Citywide Traffic Signalization Rehabilitation Project,
whichever occurs first. This Agreement shall begin on October 25, 1995 and s
terminate, at the latest date, as previously specified, on September 25,099$
15. The exercise of rights of cancellation under this Agreement may e
with or without cause for either party.
16. 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, LESSEE 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 required
renovations, maintenance, repairs or replacements to be made, and LESSEE will be
charged for all costs.
17. 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 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
$5,000.00. 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 $5,000.00.
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 $5,000.00 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.
WHEREFORE, the parties hereto have caused their proper officers to affix
their signatures and seals on the date first set forth above.
CITY OF MIAMI BEACH
ATTEST:
•
TY CLERK MAYOR
FLORIDA DEPARTMENT OF TRANSPORTATION
ATTEST:
APPR .S TO F011/11
CONTF :TT
FORM APPROVED
LEGAL DEPT
ACCEPTED AND AGREED TO BY: By 4/0 4441/1,1
Date r o11g1.5 Ste_
�.�� PRESIDENT/MITCHELL CON UCTION