C7T-Execute Various Agmts w- FDOT Collins Ave Project From 5th Street To LincolCOMMISSION ITEM SUMMARY
Condensed Title:
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 Locally Funded Agreement, A Memorandum Of
Agreement, A Maintenance Memorandum Of Agreement, And A Perpetual Easement Agreement, With The
Florida Department Of Transportation, For The Construction And Maintenance Of Proposed Decorative
Street Lights, Landscape, And Irrigation Improvements As Part Of The State Road A 1A/Collins Avenue
Project, From 5th Street To Lincoln Road.
Key Intended Outcome Supported:
Enhance mobility throughout the City.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Customer Satisfaction
Survey, traffic appears as one of the most important areas affecting residents quality of life; 37% of
residents rated traffic flow as poor; traffic is ranked number 2 by residents as one of the changes that will
make Miami Beach a better place to live; traffic flow is a key driver for recommending Miami Beach as a
place to live.
Issue:
I Shall the Mayor and City Commission approve the Resolution?
Item Summary/Recommendation:
The Florida Department of Transportation (FOOT) is planning construction improvements on Collins
Avenue/State Road (S.R.) A1A from 5th Street to Lincoln Road (Project). Construction is scheduled to
begin in April 2013, and construction is anticipated to end on January 9, 2014. The Project will include
roadway milling and resurfacing, restriping, sidewalk/curb and gutter reconstruction, new bulb-outs,
drainage improvements, decorative lighting, landscaping, irrigation, and bonded aggregate improvements.
The contract amount is $5,770,000. This amount is subject to change depending on changes to the plans.
The City and the Collins Improvement Association (CIA) have requested FOOT include enhancements in
the Project scope to improve the aesthetics and quality-of-life of this important commercial corridor. The
enhancements include decorative lighting, landscape, and irrigation. These enhancements will require
FOOT execute various agreements listed below and attached herewith with the City for the construction and
maintenance of the proposed enhancements which are considered above and beyond the standard
improvements typically implemented as part of standard FOOT roadway improvement projects. These
additional improvements carry a cost for the City of $400,486.
A. Locally Funded Agreement (LFA)
B. Memorandum of Agreement (MOA)
C. Landscape and Irrigation Maintenance Memorandum of Agreement (MMOA)
D. Perpetual Easement Agreement
THE ADMINISTRATION RECOMMENDS APPROVAL OF THE RESOLUTION.
Advisory Board Recommendation:
IN/A
Financial Information:
Source of Amount Account
Funds: 1
I I
2
3
OBPI Total
Financial Impact Summary: This is a future FOOT Project (FY 12/13); City's contributions are
unfunded at this time. Funding has been requested through the FY 12/13 Capital Budget
process.
Si n-Offs:
MIAMI BEACH 373
AGENDA ITEM
DATE
\,
C71
7-t/1-;-;_
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Co'Jmission
Kathie G. Brooks, Interim City Manager /#-r--'
July 18, 2012
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 LOCALLY FUNDED AGREEMENT, A MEMORANDUM OF
AGREEMENT, A MAINTENANCE MEMORANDUM OF AGREEMENT, AND A
PERPETUAL EASEMENT AGREEMENT, WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION, FOR THE CONSTRUCTION AND MAINTENANCE OF PROPOSED
DECORATIVE STREET LIGHTS, LANDSCAPE, AND IRRIGATION IMPROVEMENTS
AS PART OF THE STATE ROAD A1A/COLLINS AVENUE PROJECT, FROM 5TH
STREET TO LINCOLN ROAD.
ADMINISTRATION RECOMMENDATION
The Administration recommends approving the Resolution
BACKGROUND
The Florida Department of Transportation (FOOT) is planning construction improvements on Collins
Avenue/State Road (S.R.) A1A from 51h Street to Lincoln Road (Project). Construction is scheduled
to begin in April 2013, and construction is anticipated to end on January 9, 2014. The Project will
include roadway milling and resurfacing, restriping, sidewalk/curb and gutter reconstruction, new
bulb-outs, drainage improvements, decorative lighting, landscaping, irrigation, and bonded
aggregate improvements.
The City has been collaborating with the Collins Improvement Association (CIA) for some time to
ensure the FOOT project includes certain aesthetic improvements that will serve to improve the
quality-of-life of this important commercial corridor. As a result of the CIA's involvement, the scope
of the Project has increased from a simple milling and resurfacing project with little pedestrian
enhancements to a $5.7 million project with decorative lighting, landscaping, and irrigation. These
enhancements will have a cost of $400,486.00 to the City.
These enhancements will require FOOT execute various agreements with the City for the
construction and maintenance of the proposed enhancements which are considered above and
beyond the standard improvements typically implemented as part of standard FOOT roadway
374
Commission Memorandum -FOOT Agreements for Collins Avenue from 51h Street to Lincoln Road
July 18, 2012
Page 2 of 3
improvement projects.
ANALYSIS
The City of Miami Beach considers Collins Avenue to be a primary north-south arterial and important
gateway corridor serving the mobility needs of residents and visitors. As such, the City and the CIA
have requested FOOT include enhancements in the Project scope which are considered over and
above the standard FOOT roadway improvements.
It is important to note that FOOT typically does not include non-standard improvements and
enhancements such as decorative street lighting, landscaping, irrigation, and tree wells with bonded
aggregate improvements in the scope of its roadway projects unless specifically requested by the
municipality wherein the project is located. When such a request is made, the municipality is
typically responsible for the capital and maintenance costs associated with the implementation of the
non-standard improvements and enhancements as part of the FOOT project. Further, Memoranda
of Agreements (MOA) and Locally Funded Agreements (LFA) are required by FOOT in order to fund
the construction costs associated with the non-standard improvements as part of an FOOT project.
Execution of the Agreements (Attachments A-D) between FOOT and the City is required in order
to implement the decorative street lighting, landscaping, irrigation, and tree wells with bonded
aggregate improvements along Collins Avenue from 5th Street to Lincoln Road.
Below is a description of the purpose and need for each Agreement
Locally Funded Agreement (LFA)
At the request of the Collins lmprovementAssociation, the City has requested that decorative street
lights, landscaping and an irrigation system be installed as part of the Project. This Agreement
stipulates that the City will fund the cost for installation ofthe aforementioned enhancements and
that FOOT, through its contractor, will install the enhancements along Collins Avenue from 5th Street
to 16th Street as part of the Project. This LFA will be for $400,486.00.
Memorandum of Agreement (MOA)
This Agreement creates an escrow account established by FOOT with an advance deposit in the
amount of $400,486 funded by the City for the purpose of installing thirty-seven (37) decorative light
poles, landscape, and an irrigation system on Collins Avenue from 5th Street to 16th Street as part of
the Project.
landscape and Irrigation Mailtenance Memorandum of Agreement (MMOA)
FOOT requires that the City enter into a Maintenance Memorandum of Agreement (MOA) for the
maintenance of the proposed landscaping and irrigation requested by the City and constructed as
part of the Project. FOOT will install landscaping and an irrigation system in accordance with the
design plans and the City will be responsible for the maintenance of said enhancements on the
FOOT right-of-way.
Perpetual Easement Agreement
As per the FOOT's standard letter attached (Attachment D), the Department is requesting donation
of property for a permanent easement along City rights-of-way to serve the purpose of constructing
and maintaining a sidewalk width in compliance with American with Disabilities Act (ADA) clearance
requirement of 4 feet minimum. The proposed easement will eliminate the need to remove five (5)
375
Commission Memorandum -FOOT Agreements for Collins Avenue from 51h Street to Lincoln Road
July 18, 2012
Page 3 of3
existing coconut palm trees that are on FOOT right-of-way and prevent the compliance with ADA
requirements. The parcel is located adjacent to the east sidewalk of Collins Avenue between 1oth
Street and 11 1h Street and contains approximately 601 square feet.
CONCLUSION
The Administration has determined that the State Road A 1A/Collins Avenue Project is in the best
interest of the City as it will improve the aesthetics of this primary north-south arterial roadway in the
City. As such, the Administration recommends that the Mayor and City Commission approve and
authorize the City Manager to execute the required Agreements with FOOT.
Attachments:
A. Locally Funded Agreement (LFA)
B. Memorandum of Agreement (MOA)
C. Landscape and Irrigation Maintenance Memorandum of Agreement (MMOA)
D. Perpetual Easement Agreement
JGG/FHB~/RWS/JRG
T:\AGENDA\2012\7-18-12\FDOT AGREEMENTS FOR COLLINS AVENUE FROM 5TH STREET TO LINCOLN ROAD
376
RESOLUTION NO. -----
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 LOCALLY FUNDED
AGREEMENT, A MEMORANDUM .OF AGREEMENT, A MAINTENANCE
MEMORANDUM OF AGREEMENT, AND A PERPETUAL EASEMENT
AGREEMENT, WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION, FOR THE CONSTRUCTION AND MAINTENANCE
OF PROPOSED DECORATIVE STREET LIGHTS, LANDSCAPE, AND
IRRIGATION IMPROVEMENTS AS PART OF THE STATE ROAD
A1A/COLLINS AVENUE PROJECT, FROM 5TH STREET TO LINCOLN
ROAD.
WHEREAS, the Florida Department of Transportation (FOOT) is planning construction
improvements on Collins Avenue/State Road (S.R.) A1A, from 5th Street to Lincoln Road (Project);
and
WHEREAS, the City has been collaborating with the Collins Improvement Association (CIA)
for some time to ensure that the Project includes certain roadway enhancements, such as decorative
lighting, landscaping, and irrigation, that will serve to improve the aesthetics and quality-of-life of this
important commercial corridor; and
WHEREAS, these enhancements will require FOOT and the City to execute various
agreements for the construction and maintenance of the proposed enhancements, which are
considered above and beyond the standard improvements typically implemented as part of standard
FOOT roadway improvement projects; and
WHEREAS, FOOT is requiring the City to approve and execute a 1) Locally Funded
Agreement (LFA), 2) Memorandum of Agreement (MOA), 3) Maintenance Memorandum of
Agreement (MMOA), and 4) Perpetual Easement Agreement, which are necessary for the
construction and maintenance of the proposed roadway enhancements as part of the Project.
NOW, THEREFORE, BE IT 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 Mayor and City Clerk to execute a Locally Funded Agreement, a Memorandum of
Agreement, a Maintenance Memorandum of Agreement, and a Perpetual Easement
Agreement, with the Florida Department of Transportation, for the construction and
maintenance of proposed decorative street lights, landscape, and irrigation improvements as
part of the State Road A 1A/Collins Avenue Project from 5th Street to Lincoln Road.
ATTEST:
PASSED AND ADOPTED THIS ___ DAY OF ____ .2012.
CITY CLERK
APPROVED AS TO ----M=A-:-:Y~o=R:----:F::-::ORM & LANGUAGE
& FOR EXECUTION
T:IAGENDA\2012\5-9-12\FDOT Agreements for Alton Road. RESO.doc
377
'\\v\ '-V
Date
Attachment A
LOCALLY FUNDED AGREEMENT
THIS LOCALLY FUNDED AGREEMENT (hereinafter 'Agreement') is made and entered into
this _ day of , 20_, between the CITY OF MIAMI BEACH, a municipal
corporation of the State of Florida, hereinafter referred to as the 'CITY', and the STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION a component agency of the State of
Florida, hereinafter referred to as the 'DEPARTMENT'.
RECITALS:
WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road (S.R.)
AlA/Collins Avenue corridor within the corporate limits of the CITY; and
WHEREAS, the CITY has requested the DEPARTMENT to install or cause to be installed
thirty seven (37) decorative light poles, landscape and irrigation along S.R. AlA/Collins Avenue
from 5th Street to 16th Street; and
WHEREAS, the DEPARTMENT has agreed to install or cause to be installed the thirty
seven (37) decorative light poles, landscape and irrigation along S.R. AlA/Collins Avenue from 5th
Street to 16th Street, subject to the terms and conditions detailed in this Agreement; and
WHEREAS, the CITY shall fund the increased costs, under financial project number
250236-3-52-02, associated with the installation of the thirty seven (3 7) decorative light poles,
landscape and irrigation along S .R. A 1 A/Collins A venue, from 5th Street to 16th Street, hereinafter
collectively called the 'PROJECT', and as detailed in the attached Exhibit "A", "Scope of Services",
which is herein incorporated by reference; and
WHEREAS, the parties are authorized to enter into this Agreement pursuant to Sections
334.044(7) and 339.12 (2006), Florida Statutes, and authorize its officers to do so.
Pagel ofl3
Locally Funded Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project Numbers 250236-3-52-02
378
NOW, THEREFORE, in consideration of the premises, the mutual covenants and other
valuable considerations contained herein, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. Recitals
The Recitals to this Agreement are true and correct and are incorporated herein by reference
and made a part hereof.
2. General Requirements
(a) A true and correct copy of the Resolution of the CITY Commission approving this
Agreement is attached hereto as Exhibit "C", 'CITY OF MIAMI BEACH
RESOLUTION', and is incorporated herein by reference.
(b) The CITY shall:
1. utilize the U.S. Department of Homeland Security'y E-Verify system to
verify the employment eligibility of all new employees hired by the CITY
during the term of the Agreement; and
n. 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 Agreement term.
(c) The DEPARTMENT will administer and construct the PROJECT in accordance with
the signed and sealed PROJECT plans and as detailed in the attached Exhibit "A",
Page 2 ofl3
Locally Funded Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project Number 250236-3-52-02
379
'Scope of Services'. The DEPARTMENT will complete the PROJECT utilizing the
funds provided by the CITY.
(d) The CITY will provide funding to the DEPARTMENT, in the aggregate amount of
FOUR HUNDRED THOUSAND FOUR HUNDRED EIGHTY SIX DOLLARS
($400,486.00), for the PROJECT, subject further to the provisions in Section 3 of this
Agreement and as outlined in the attachment Exhibit "B", "Financial Summary",
which is herein incorporated by reference.
(e) The DEPARTMENT Contractor will not commence work on the PROJECT until
CITY funding for the PROJECT is on deposit with the DEPARTMENT.
(f) Upon the receipt, authorization and encumbrance of funding received from the CITY
as a result of this Agreement, the DEPARTMENT Contractor will commence work on
the PROJECT.
3. Financial Provisions.
(a) The CITY agrees that it will, no later than thirty (30) calendar days after the
DEPARTMENT's execution of this Agreement, furnish the DEPARTMENT an
advance deposit in the amount of FOUR HUNDRED THOUSAND FOUR
HUNDRED EIGHTY SIX DOLLARS ($400,486.00) for full payment of the
estimated PROJECT cost for Locally Funded project number 250236-3-52-02. The
advance deposit shall be the total estimated PROJECT cost plus allowances. The
DEPARTMENT may utilize this deposit for payment of the costs of the PROJECT.
(b) If the accepted bid amount plus allowances is in excess of the advance deposit amount,
the CITY will provide an additional deposit within fourteen (14) calendar days of
notification from the DEPARTMENT or prior to posting of the accepted bid,
Page 3 of13
Locally Funded Agreement between the City of Miami Beach
and the Florida Department ofTransportation, Financial Project Number 250236-3-52-02
380
whichever is earlier, so that the total deposit is equal to the bid amount plus
allowances. The DEPARTMENT will notify the CITY as soon as it becomes apparent
the accepted bid amount, plus allowances, is in excess of the advance deposit amount.
However, failure of the DEPARTMENT to so notify the CITY shall not relieve the
CITY from its obligation to pay for its full participation on final accounting as
provided herein below. If the CITY cannot provide the additional deposit within
fourteen (14) days, a letter must be submitted to and approved by the
DEPARTMENT's project manager indicating when the deposit will be made. The
CITY understands the request and approval of the additional time could delay the
PROJECT, and additional costs may be incurred due to a delay of the PROJECT.
(c) If accepted bid amount plus allowances is less than the advance deposit amount, the
DEPARTMENT will refund the amount that the advance deposit exceeds the bid
amount plus allowances if such refund is requested by the CITY in writing.
(d) Should PROJECT modifications or changes to bid items occur that increase the
CITY's share of total PROJECT costs, the CITY will be notified by the
DEPARTMENT accordingly. The CITY agrees to provide, without delay, in advance
of additional work being performed, adequate funds to ensure that cash on deposit
with the DEPARTMENT is sufficient to fully fund its share of the PROJECT. The
DEPARTMENT shall notify the CITY as soon as it becomes apparent the actual costs
will overrun the award amount. However, failure of the DEPARTMENT to so notify
the CITY shall not relieve the CITY from its obligation to pay for its full participation
during the PROJECT and on final accounting as provided herein below. Funds due
from the CITY during the PROJECT not paid within forty ( 40) calendar days from the
Page 4 of13
Locally Funded Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project Number 250236-3-52-02
381
date of the invoice are subject to an interest charge at a rate established pursuant to
Section 55.03, Florida Statutes (F.S.).
(e) The DEPARTMENT intends to have its final and complete accounting of all costs
incurred in connection with the work performed hereunder within three hundred and
sixty (360) days of final payment to the Contractor. The DEPARTMENT considers
the PROJECT complete when final payment has been made to the Contractor, not
when the construction work is complete. All PROJECT cost records and accounts
shall be subject to audit by a representative of the CITY for a period of three (3) years
after final close out of the PROJECT. The CITY will be notified of the final cost.
Both parties agree that in the event final accounting of total PROJECT costs pursuant
to the terms of this agreement is less than the total deposit to date, a refund of the
excess will be made by the DEPARTMENT to the CITY. If the final accounting is
not performed within three hundred and sixty (360) days, the CITY is not relieved
from its obligation to pay.
(f) In the event the final accounting of total PROJECT costs is greater than the total
deposits to date, the CITY will pay the additional amount within forty ( 40) calendar
days from the date ofthe invoice from the DEPARTMENT. The CITY agrees to pay
interest at a rate as established pursuant to Section 55.03, F .S., on any invoice not paid
within forty ( 40) calendar days until the invoice is paid.
(g) The payment of funds under this Locally Funded Agreement will be made directly to
the DEPARTMENT for deposit and as provided in the attached Memorandum of
Page 5 ofl3
Locally Funded Agreement between the City of Miami Beach
and the Florida Department ofTransportation, Financial Project Number 250236-3-52-02
382
Agreement (MOA) between the CITY, Department and the State of Florida,
Department of Financial Services, Division ofTreasury.
(h) Nothing in this Agreement shall be construed to violate the provisions of Section
339.135(6)(a), Florida Statutes, which provides as follows:
"The Department, during any fiscal year, shall not expend money, incur any liability,
or enter into any contract which, by its terms, involves the expenditure of money in
excess of the amounts budgeted as available for expenditure during such fiscal year.
Any contract, verbal or written, made in violation of this subsection is null and void,
and no money may be paid on such contract. The Department shall require a statement
from the Comptroller of the Department that such funds are available prior to entering
into any such contract or other binding commitment of funds. Nothing herein
contained shall prevent the making of contracts for periods exceeding one year, but
any contract so made shall be executory only for the value of the services to be
rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall
be incorporated verbatim in all contracts of the Department which are for an amount in
excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a
term for a period of more than one year."
4. Effective Date of this Agreement
This Agreement shall become effective upon execution by the CITY and the DEPARTMENT
and as of the date set forth on page one (1) hereof.
Page 6 ofl3
Locally Funded Agreement between the City of Miami Beach
and the Florida Department ofTransportation, Financial Project Number 250236-3-52-02
383
5. Provisions Separable
The provisions of this Agreement are independent of and separable from each other, and no
provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for
any reason any other or others of them may be invalid or unenforceable in whole or in part.
6. Amendment of Agreement
This Agreement may only be amended by mutual agreement of the DEPARTMENT and the
CITY, expressed in writing and executed and delivered by each.
7. Notices
All notices, requests, demands and other communications required or permitted under this
Agreement shall be in writing and shall be deemed to have been duly given, made and
received when delivered (personally, by courier service such as Federal Express, or by other
messenger) against receipt or upon actual receipt of registered or certified mail, postage
prepaid, return receipt requested, addressed as set forth below:
(a) If to the CITY:
(b) Ifto the DEPARTMENT:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: Fred Beckmann, Public Works Director
Florida Department of Transportation
1000 NW 111 A venue, Room 6202B
Miami, Florida 33172
Attention: Michelle Loren Meaux, JP A Coordinator
Any party may alter the address to which communications or copies are to be sent by giving
notice of such change of address in conformity with the provisions of this paragraph for the
giving of notice.
Page 7 of 13
Locally Funded Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project Number 250236-3-52-02
384
8. Entire Agreement
This Agreement, including its attached Exhibits, contain the sole and entire Agreement
between the parties with respect to such subject matter and supersede any and all other prior
written or oral agreements between them with respect to such subject matter.
9. Binding Effect
This Agreement shall be binding upon the parties and their respective representatives,
successors and assigns.
10. Waiver
Waiver by either party of any breach of any provision of this Agreement shall not be
considered as or constitute a continuing waiver or a waiver of any other breach of the same or
any other provision of this Agreement.
11. Captions
The captions contained in this Agreement are inserted only as a matter of convenience or
reference and in no way define, limit, extend or describe the scope of this Agreement or the
intent of any of its provisions.
12. Absence of Third Party Beneficiaries
Nothing in this Agreement, express or implied, is intended to (a) confer upon any entity or
person other than the parties and their permitted successors and assigns any rights or remedies
under or by reason of this Agreement as a third party beneficiary or otherwise except as
specifically provided in this Agreement; or (b) authorize anyone not a party to this Agreement
to maintain an action pursuant to or based upon this Agreement.
Page 8 of13
Locally Funded Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project Number 250236-3-52-02
385
13. Other Documents
The parties shall take all such actions and execute all such documents which may be
reasonably necessary to carry out the purposes of this Agreement, whether or not specifically
provided for in this Agreement; provided that the parties further acknowledge that certain
additional actions by the CITY may require approval by the CITY Commission, and, to the
extent such approval is required by applicable law, obtaining such approval shall be a
condition to the obligations of the CITY under this Section.
14. Governing Law
This Agreement and the interpretation of its terms shall be governed by the laws of the State
of Florida, without application of conflicts of law principles. Venue for any judicial,
administrative or other action to enforce or construe any term of this Agreement or arising
from or relating to this Agreement shall lie exclusively in Miami-Dade County, Florida.
Page 9 of l3
Locally Funded Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project Number 250236-3-52-02
386
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on
the day and year first above written, the CITY OF MIAMI BEACH, signing by and through its City
Manager, and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, signing by and
through its District Secretary, each duly authorized to execute same.
CITY OF MIAMI BEACH:
BY:
CITY MA YORIMANAGER
ATTEST:
(SEAL) CITY CLERK
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION 1!
<l\t\\V
City Altom~ o8a
STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION:
BY:
DISTRICT SECRETARY
ATTEST:
(SEAL) EXECUTIVE SECRETARY
LEGAL REVIEW:
DISTRICT CHIEF COUNSEL
Page 10 of 13
Locally Funded Agreement between the City of Miami Beach
and the Florida Department ofTransportation, Financial Project Number 250236-3-52-02
387
EXHIBIT 'A'
SCOPE OF SERVICES
The PROJECT work consists of the installation of thirty seven (37) decorative light poles, landscape
and irrigation along S.R. AlA/Collins Avenue from 5th Street to 16th Street in the CITY. The
PROJECT is further defined in Attachment "AI", PROJECT plans (incorporated herein by
reference). The CITY has requested that the decorative lighting poles be of certain style and the
DEPARTMENT will install them with the current safety project along S.R. AlA/Collins Avenue
from 5th Street to Lincoln Road.
PROJECT LIMITS: S.R. AlA/Collins Avenue from 5th Street to 16th Street
DEPARTMENT Financial Project Numbers: 250236-3-52-02
COUNTY: Miami-Dade
DEPARTMENT Project Manager: Heidi Solaun-Dominguez, P.E.; 305-470-5282
CITY Project Manager: Jose Gonzalez, Transportation Manager; 305-673-7080 Ext. 6768
Page 11 of13
Locally Funded Agreement between the City of Miami Beach
and the Florida Department ofTransportation, Financial Project Number 250236-3-52-02
388
EXHIBIT 'B'
FINANCIAL SUMMARY
The DEPARTMENT's Work Program allocates the following funding, programmed under Financial
Project Number 250236-3-52-02, for PROJECT completion:
Fiscal Year: Amount: Fund Type:
2012/2013 $400,486.00 Local Funds (LF)
CITY OF MIAMI BEACH FINANCIAL RESPONSIBILITY: $400,486.00
Page 12 of 13
Locally Funded Agreement between the City of Miami Beach
and the Florida Department ofTransportation, Financial Project Number 250236-3-52-02
389
EXHIBIT 'C'
CITY OF MIAMI BEACH RESOLUTION
To be attached hereto and incorporated herein once ratified by the CITY Commission.
Page 13 ofl3
Locally Funded Agreement between the City of Miami Beach
and the Florida Department a/Transportation, Financial Project Number 250236-3-52-02
390
.:·· =:· "" ".".: ":·" " " .:: :· """"" : --.: "" "" .:· .·.··:· ·..-·= ....... -.:···.,... "·.·· .... :.
Attachment B
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this __ , day of , 20_,
by and between the State of Florida, Department of Transportation, hereinafter referred
to as "FDOT" and the State of Florida, Department of Financial Services, Division of
Treasury, hereinafter referred to as "TREASURY" and the City of Miami Beach
hereinafter referred to as the "PARTICIPANT".
WITNESSETH
WHEREAS, FDOT is currently constructing the following project:
Main Financial Project No.: 250236-3-52-02
County: Miami-Dade
hereinafter referred to as the "PROJECT".
WHEREAS, FDOT and the PARTICIPANT entered into a Locally Funded
Agreement (LFA) dated , 20_, wherein FDOT agreed to perform
certain work on behalf of the PARTICIPANT in conjunction with the PROJECT.
WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in
the best interest of FDOT and the PARTICIPANT to establish an interest bearing escrow
account to provide funds for the work performed on the PROJECT on behalf of the
PARTICIPANT by FDOT.
NOW THEREFORE, in consideration of the premises and the covenants contained
herein, the parties agree to the following:
1. An initial deposit in the amount of Four Hundred Thousand Four Hundred
Eighty Six Dollars ($400,486.00) will be made by the PARTICIPANT into an
interest bearing escrow account established by FDOT for the purposes of the
PROJECT. Said escrow account will be opened with the TREASURY on behalf
of FDOT upon receipt of this Memorandum of Agreement. Such account will
be an asset of FDOT.
2. Other deposits will be made only by the PARTICIPANT as necessary to cover
the cost increases or the cost of additional work prior to the execution of any
Supplemental Agreements or Amendments.
3. Payment will be made as follows (check appropriate payment method):
D Wire transfer
0 ACH deposit
D Check
391
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
COMPTROLLER
392
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES,
DIVISION OF TREASURY
PARTICIPANT SIGNATURE
PARTICIPANT NAME & TITLE
PARTICIPANT ADDRESS
FEDERAL EMPLOYER I.D. NUMBER
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Attachment C
FLORIDA DEPARTMENT OF TRANSPORTATION
LANDSCAPE AND IRRIGATION
MAINTENANCE MEMORANDUM OF AGREEMENT
WITH THE
CITY OF MIAMI BEACH
This AGREEMENT, entered into on , 20 __ , by 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 (S .R.)
AlA/Collins Avenue from 5th Street (MP 3. 676) to 16th
Street(MP 4.660), which is located within the limits of the
CITY; and
B. The DEPARTMENT, pursuant to Contract # T-6294, has drafted
design plans for improvements on S. R. AlA/Collins Avenue
from sth Street to 16th 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 DEPARTMENT will install landscape and irrigation
systems in accordance with the design plans for Contract #
T-6294(the nProject"); and
D. The PARTIES to this AGREEMENT mutually recognize the need
for entering into an agreement designating and setting
forth the responsibilities of each party with regards to
the maintenance of the landscaping and irrigation systems
installed pursuant to the Project; and
E. 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,
benefits
THEREFORE,
contained
for and in
herein and
consideration
other good
of the mutual
and valuable
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
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393
consideration, the parties covenant and agree as follows:
1. RECITALS
The recitals in
are incorporated
hereof.
this AGREEMENT are true and
herein by reference and
2. DEPARTMENT RESPONSIBILITIES
correct,
made a
and
part
The PARTIES agree that by executing this AGREEMENT all
maintenance responsibilities pertaining to the landscape
within the PROJECT LIMITS are assigned to the CITY in
perpetuity upon the DEPARTMENT'S release of its contractor
from further warranty work and responsibility, as set forth
in Section 580-5 of the Department's Standard Specification
for Road and Bridge Construction. Additionally, the PARTIES
agree that all maintenance responsibilities pertaining to
the irrigation shall be assigned to the CITY in perpetuity
upon the DEPARTMENT's issuance of the Notice of Final
Acceptance of the Project to its contractor.
3. CITY'S MAINTENANCE RESPONSIBILITIES
The CITY shall maintain the landscape and irrigation 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, the
CITY shall maintain the landscape and irrigation in
accordance with the International Society of Arboriculture
standards, guidelines, and procedures, as may be amended
from time to time, and in accordance with the standards set
forth in the Project Plans, and in the Project
Specifications and Special Provisions. The CITY'S
maintenance obligations shall include but not be limited
to:
a. Mowing, cutting and/or trimming and edging the grass
and turf.
b. Pruning all plant materials, which include trees,
shrubs and ground covers, and parts thereof.
c. Removing and properly disposing of dead, diseased or
otherwise deteriorated plants in their entirety, and
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
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394
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.
d. Mulching all plant beds and tree rings.
e. Removing and disposing of
including but not limited
removal of invasive exotic
all undesirable vegetation
to weeding of plant beds and
plant materials.
f. Watering and fertilizing all
maintain the plant materials in
growing condition.
plants as needed to
a healthy and vigorous
g. Performing routine and regular inspection of the
irrigation system (s) to assure that the systems are
fully functional; identifying damage and/or
malfunctions to the system(s); repairing and/or
replacing broken or missing irrigation equipment; and
adjusting spray heads to eliminate overspray of water
onto paved areas.
h. Paying all for water use and all costs associated
therewith.
i. Removing and disposing of litter from roadside and
median strips in accordance with all applicable
government rules, regulations, policies, procedures,
guidelines, and manuals, as amended from time to time.
j . Removing and disposing of all trimmings, roots,
branches, litter, and any other debris resulting from
the activities described by 2.A through 2.I.
k. Maintaining a service log of all maintenance operations
that sets forth the date of the maintenance activity,
the location that was maintained, and the work that was
performed.
1. 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
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395
closure requests shall be submitted through the
District Six Lane Closure Information System/ to the
Departmentrs area Permit Manager and in accordance with
the District Six Lane Closure Policy/ as may be amended
from time to time.
The DEPARTMENT may 1 at its sole discretion/ perform
periodic inspection of the landscape and irrigation 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 4 of this AGREEMENT. The CITY is
responsible for obtaining copies of all applicable rules 1
regulations/ policies/ procedures 1 guidelines/ and manuals 1
and the Project Specification and Special Provisions 1 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 1 at its option/
issue a written notice 1 in care of the CITY MANAGER/ to
notify the CITY of the maintenance deficiencies. From the
date of receipt of the notice 1 the CITY shall have a period
of thirty (30) calendar days 1 within which to correct the
cited deficiency or deficiencies. Receipt is determined in
accordance with Section 5 of this AGREEMENT.
If said
period/
follows:
deficiencies are not
the DEPARTMENT mayr
corrected within
at its option/
this time
proceed as
a. Maintain the landscape and irrigation/ or a part
thereof and invoice the CITY for expenses incurred; or
b. Terminate this AGREEMENT in accordance with Section 7 1
remove any or all landscape and irrigation located
within the PROJECT LIMITS 1 and charge the CITY the
reasonable cost of such removal.
5. NOTICES
All notices r requests 1 demands r consents r approvals 1 and
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
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396
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
To the CITY:
Attn: District Maintenance Engineer
City of Miami Beach
1700 Convention Center Drive
Miami, 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 LANDSCAPE AND
IRRIGATION SYSTEMS
a. The PARTIES
addressed by
or adjusted
DEPARTMENT's
DEPARTMENT
agree that the landscape and irrigation
this AGREEMENT may be removed, relocated
at any time in the future, at the
sole discretion. In the event that the
relocates or adjusts the landscape and
the CITY'S maintenance responsibilities
the relocation or adjustment, as long as
irrigation,
wi 11 survive
the materials
7 . TERMINATION
remain within the PROJECT LIMITS.
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.
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,
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 5 ofll
397
letters, or other materials made or received by the
CITY pertinent to this AGREEMENT which are subject to
provisions of Chapter 119, of the Florida Statutes.
c. If mutually agreed to by both parties, upon thirty (30)
days advance notice. An agreement to terminate shall
be valid only if made in writing and executed with the
same formalities as this AGREEMENT.
8. TERMS
a. The effective date of
upon execution by the
continue in perpetuity
forth in Section 7.
this AGREEMENT
This
shall commence
AGREEMENT shall Parties.
or until termination as set
b. For purposes of performing its duties under this
AGREEMENT, the CITY shall insert the following clause
into any contracts entered into by the CITY, with
vendors or contractors:
Vendors/Contractors
i. Shall utilize the U.S Department of Homeland
Security,s E-Verify system to verify the
employment eligibility of all new employees
hired by the vendo"r I contractor during the
term of the AGREEMENT; and
ii. Shall expressly require 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 of all new employees hired by the
subcontractors during the AGREEMENT term.
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.
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 6 of 11
398
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 be effective only if made in
writing and executed with the same formality as this
agreement.
h. The section headings contained in this AGREEMENT are
for reference purposes only and shall not affect the
meaning or interpretation hereof.
i. 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.
j. 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
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 7 ofll
399
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 sole 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
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 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.
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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: STATE OF FLORIDA
BY: --------------------------CITY Mayor
DEPARTMENT OF TRANSPORTATION:
BY: -----------------------------District Director of
Transportation Operations
ATTEST: _________________ (SEAL) ATTEST: __________________ __
BY:
CITY Clerk Executive Secretary
LEGAL REVIEW:
BY: --------------------------------------------------------CITY Attorney District Chief Counsel
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 9 of 11
~01
EXHIBIT 'A'
PROJECT LIMITS
Below are the limits of the landscape and irrigation to be
maintained under this AGREEMENT.
State Road Number: AlA/Collins Avenue
Agreement Limits: From sth Street (M.P. 3.676) to
16~ Street (M.P. 4.660)
County: Miami-Dade
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 10 ofll
402
EXHIBIT 'B'
CITY OF MIAMI BEACH RESOLUTION
To be herein incorporated once ratified by the CITY Board of
Commissioners.
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page II of II
403
Attachment D
Florida Department of Transportation
RICKSCOTI
GOVERNOR
Fred Beckman, P.E.
Public Works Department
1700 Convention Center Drive
Miami, Beach, Florida 33139
ITEM/SEGMENT NO.:
MANAGING DISTRICT:
F.A.P.NO.:
STATE ROAD NO.:
COUNTY:
PARCEL NO(s).:
Dear Mr. Beckman:
2502363
SIX
N/A
1000 NW 111 Avenue
Miami. Florida 33172-5800
May21, 2012
SR-AlA (Collins Avenue)
Miami-Dade
801
A:'IIA'l'H PRASAD,l•.E.
SECRETARY
The Florida Department of Transportation, District VI, is proposing a project on SR AlA I Collins
A venue from 5th Street to Lincoln Road. This segment consists mainly of commercial and
residential uses and the purpose of the project is to adjust existing sidewalks and ramps to comply
with ADA standards as well as to perform milling and resurfacing of the roadway.
The Department bas the need to obtain a donation from City of Miami Beach; pursuant to Section 337.29, of
the Florida Statues and the Florida Department of Transportation Right of Way Procedures for acquiring
rights of way from other governmental agencies.
Parcel 801: Easement is being requested for the modification to adhere to current ADA standards and
in order to maintain the sidewalks in the future. The parcel contains 601 square feet, more or less.
WV>~W .dot.state. tlus
404
Page2
This project has been fast tracked and will require the City of Miami Beach to transfer Parcels 801 to the
Department no later than June 6, 2012.
Therefore, we have attached the following documents for your review and to begin the process to allow this
item through appropriate meetings for approvals:
1. Legal Description and Parcel Sketches showing location and size of parcels
2. Proposed Perpetual Easements and Resolution Instruments prepared by the Department
3. Right of Way Acquisition Brochure and Donation Form
4. Project Fact Sheet Slides
5. Power Point Slide Sheets Describing Parcel
6. Pertinent Contract Plan Sheet
We look forward to working together for the fulftllment of our Public Service mission. If you have any
questions, and/or need additional information please contact me at 305-470-5157.
Steven C. Imas
Right ofWay Agent
Enclosures
Cc: Javier Bustamante, Jose Gonzalez, Alejandro Casals, Diego Rivadeneira, Richard Lineberger
www.dot.state.fl.us
405
07-PE.13
This instrument prepared by,
or under the direction of,
Alicia Trujillo, Esq.
District Six ChiefCmmsel
State of Florida
Department of Transportation
1000 N.W. 111th Avenue
Miami, Florida 33172
May21, 2012-NE
Parcel No. : 8(H.l
Item/Segment No. : 2502363
Managing District : 6
PERPETUAL EASEMENT
TinS EASEMENT Made the __ day of 20 ___, by THE CITY OF MIAMI
BEACH, a municipality of the State of Florida, grantor, to the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, its successors and assigns, grantee.
WITNESSEm: That the grantor for and in consideration of the sum of One Dollar and other valuable
considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the grantee, its
successors and assigns, a perpetual easement for the purpose of constructing and maintaining a sidewalk in compliance
with the ADA clearance requirement of 4.00 feet within the Right of Way in, over, under, upon and through the
following described land in Miami-Dade County, Florida, viz:
PARCEL801 FIN No. 2502363
A parcel of land being a portion of Lots 12, 13 and 14, Block 15 of OCEAN BEACH, FLA. ADDITION NO.2,
according to the Plat thereof, as recorded in Plat Book 2, Page 56 of the Public Records of Miami-Dade County,
Florida, and being more particularly described as follows:
From the POINT OF BEGINNING at the Northwest Comer of said Lot 14; thence runS 79"1 0'36" E, along the North
Line of said Lot 14, for a distance of5.36 feet; thence runS 11°35'34" W for a distance of26.64 feet; thence runS
83°25 • 43" E for a distance of 1.56 feet; thence run S 06°22' 45" W for a distance of9.00 feet; thence run N 82°57' 12"
W for a distance of 1.56 feet; thence run S 11 °00'22" W for a distance of 19.13 feet; thence run N 79°57'21" W for a
distance ofO. 70 feet; thence run S 1 ODJ5'32" W for a distance of3 8.02 feet; thence run S 72°52'08" E for a distance
of0.54 feet; thence runS 10°48'36" W for a distance of18.48 feet; thence run N79"23'21" W for a distance of5.58
feet, to the point of intersection with the East Right of Way line of State Road A-1-A (Collins Avenue) as shown on
the Florida Department of Transportation Maintenance Map, Section 87060-2581 (said Right ofWay line also being
the West Lines of said Lots 12, 13 and 14; thence run N 10°47'35" E, along said Right of Way line, a distance of
111.32 feet to the POINT OF BEG1NNING.
Containing 601 square feet, more or less.
S. Bruce-Consultech. 5-16-2012
AS SHOWN ON EXHIBIT "A". ATTACHED HERETO AND TO BE MADE A PART HEREOF
TO HAVE AND TO HOLD the same unto said grantee, its successors and assigns forever, together with
immunity unto the said grantee, its successors and assigns from all claims for damage, if any, arising from or growing
out of such construction and/or maintenance to the lands, if any, owned by the grantor, lying adjacent or contiguous to
the lands hereinabove described and the grantor will defend the title to said lands against all persons claiming by,
through or under said grantor.
1 of 6
406
IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its Mayor,
and its seal to be hereto affixed, attested by its City Clerk, the date first above written.
ATTEST: ------------------------The City of Miami Beach
Its City Clerk
By. ________________________ ___
Its Mayor
Address
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this ____ day of 20 ___ ,
by , Mayor, who is personally known to me or who has produced
as identification. ----------------------------
(Signature of person taking acknowledgment)
(Type, print or stamp name under signature)
Title or rank and serial number, if any: ------------
Date
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407
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07-PE.14
This instrument prepared by,
or under the direction of,
Alicia Trujillo, Esq.
District Six Chief Counsel
State ofFlorida
Department of Transportation
1000 N.W. 111 th Avenue
Miami, Florida 33172
May 21, 2012-NE
Parcel No. : 801.1
Item/Segment No. : 2502363
Managing District : 6
RESOLUTION
ON MOTION of Commissioner--------------' seconded by Commissioner
-----------..J the following Resolution was adopted:
WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road
No. A-1-A, Section No. 2502363, in Miami-Dade County, Florida: and
WHEREAS, it is necessary that an easement across certain lands now owned by The City of Miami Beach,
Florida, be acquired by the State of Florida Department ofTransportation: and
WHEREAS, said use is in the best interest of the City: and
WHEREAS, the State of Florida Department of Transportation has made application to said City to execute
and deliver to the State ofFlorida Department of Transportation a perpetual easement, or easements, in favor of the
State of Florida Department of Transportation for the purpose of constructing and maintaining a sidewalk in
compliance with the ADA clearance requirement of 4.00 feet within the Right of Way, and said request having been
duly considered.
NOW THEREFORE, BE IT RESOLVED by the Board of City Commissioners ofThe CityofMiami Beach,
Florida, that the application of the State of Florida Department of Transportation for a perpetual easement, or
easements, is for transportation purposes which are in the public or community interest and for public welfare; that a
perpetual easement, or easements, in favor of the State of Florida Department of Transportation in Miami-Dade
County, Florida, should be drawn and executed by this Board of City Commissioners. Consideration shall be $
BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of
Florida Department of Transportation at Tallahassee, Florida.
5 of 6
410
STATE OF FLORIDA
CITY OF MIAMI-DADE
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of City
Commissioners of Miami Beach, Florida, at a meeting held on the __ day of 20 __
ATTEST: --------------------
Clerk (or Deputy Clerk) of the Circuit Court
(Affix County Seal)
6 of 6
411
The Board of City of Miami Beach, Florida,
By its Board of City Commissioners
By:-------------
Its Chair (or Vice-Chair)
(Address)
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415
575-030-12
RIGHT OF WAY
06199
RICKSCOTI'
GOVERNOR
Florida Department of Transportati(Jn
lOOONW'lll Avenue
Miami. F'L 33172
.ANANTH PRASAD, P.E.
SECRETARY
Donation of Property to the· Florida Department of Transportatl~n
FRED BECKMAN, P.E.
CITY OF MIAMI BEACH
PUBLIC WORKS OEPARMENT
1700 ·cONveNTION CENTER DRIVE
M~IBEACH,FL33139
ITEM/SEGMENT NO.: 2502363
MANAGING· DISTRICT~ =SIX;.;:;:.;=-----------
F.A.P. NO:: N/A
STATE ROAD NO.: A1A (COLLINS AVENUE)
COUNTY: MIAMI-DADE.
PARCEL NO.: 801 =------------------------INTEREST CONVEYED: PERPETUAL EAS.EMENT
This Is to advise that the undersigned, as ()~ner of the property or property Interest referenced above and as shown on
Right of Way maps for referenced proJect, desires to make a voluntary·dqnation of said property or property interest to the
State of Florida for the use and benefit of the Florida Department of Transportation. ·
The undersigned hereby acknowl~dges t~at he/she has been fully advised by a Department representative of his/her right
to have the referenced property or property interest appraised, to accompany the appraiser durlrig .the appraisal
inspection .of the property, to receive full compensation for the above referenced property, and to receive reimbursement
for reasonable fees and e9sts incurred, if any. Having .been fully Informed of the above rights, I hereby waive those rights
unless otherwise noted below.
Owner's Signature
Type· or Print Pro~rty Owner's Name
Street Address
City, State, Zip Code.
·Date
www.dot.state.fl.us
416
INSTRUCTIONS FOR COMPLETION OF THE
DONATION OF PROPERTY TO THE
575-030-12
RIGHT OF WAY
06199
FLORIDA DEPARTMENT OF TRANSPORTATION (FORM 575-030-12)
This form should be printed on official DOT
DATE AND INSIDE ADDRESS:
PROJECT/PARCEL
INFORMATION:
OWNER'S SIGNATURE BLOCK:
ORIGINAL:
COPIES:
letterhead.
Space is provided for a date and inside address of the property owner.
The following information can be located in the legal documents and Right of
Way map for each project and is required on official Department forms:
Item/Segment No.
Managing District
F.A.P. No.
State Road No.
County
Parcel No.
The owner must sign and provide an address and date before the Department
can accept the donation.
Parcel File
Owner(s)
417
COLLINS CCI/Rf:-: l'o COLLINS COURT ~ 0 10 i/0 ,Feet 0 0 ID ~ ~ ...._ ~~~l i tt. M?NG AND RESURFJCING_; ; ~ 4--:_;_t-I--~-~il------------'---------~ = ::i -~ -~ ---------~Tc:x------------~-. -2 . ..J-eW..:-: :X: ------161 ~ 1~ .t.l:. Sl'IO (.) ()0 ·:t: . ;,/,:-: ~,: .. ~,:. ~~ • , ' I . .. -!;;: :::& LEGEND fZZl DENOTES WIDENING rr.:J fflfJfmlY!Ifidfrr l522l DENOTES LICENSE /JGREEIIENT -------------=~~~~ ~~~~f~~~cr_~_LE ________ ~ OCEAN coom;.:*'-~ijfi mRJf~'?ft.{gAIL SHEET OCEAN COURT ROADWAY PLAN ... .; ..: ~ ~ ~ ~ ~ i "' ~ ~ Q ~ ;;; ~ ;;: " ~ ~ ~ .. ~ ~ t; ~ !! ~ ~ I :;! u i .. i!: ~ ~ " SHEET NO. -24