C7L-Execute MOA�s And Easement Agreement w- FDOT A1A-Indian Creek Drive ProjectCUMMI~~IUN II tM ~UMMAI<Y
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 Storm Water Pump Station And Pollution Control Structures
Maintenance Memorandum Of Agreement. A Memorandum Of Agreement Regarding Off-System Construction
And Maintenance Of Improvements, And A Perpetual Easement Agreement With The Florida Department Of
Transportation, For The Construction Of Drainage Improvements Along 43rrJ Street, And Maintenance Of Pump
Station And Pollution Control Structures, As Part Of The State Road A 1 A/Indian Creek Drive Project From 42nd
Street To 44th Street And State Road A1A/Collins Avenue/Indian Creek Drive Project Along 43rrJ Street.
Kev Intended Outcome Supported:
Improve storm drainage Citywide.
L~.~~P,orting Data (Surveys, Environmental Scan, etc.) 44% of residents and 45% of businesses rated as
nt or QOod storm drainaQe.
Item Summary/Recommendation:
The Florida Department of Tran;P,ortation (FOOT) is planning construction improvements on State Road (SR)
A1AIIndian Creek Drive from 42 Street to 44th Street and on SR A1A/Collins Avenue/Indian Creek Drive along
43rd Street Project construction is scheduled to begin in March 2014 and be completed by the end of2014. The
scope of the project along Indian Creek Drive from 42nd Street to 44th Street includes milling, resurfacing, and
restriping; repairing existing sidewalks, curb and gutter; upgrading the existing pedestrian ramps to comply with
the current American with Disabilities Act (ADA) standards: and installing new signage along the corridor. The
scope of the adjoining project along 43rd Street includes major upgrades to the storm water system and Installation
of a storm water pump station and pollution control structures at the 43rd Street street-end.
In order for FOOT to complete the construction of the necessary roadway and drainage improvements as part of
the Project, various agreements between the City and FOOT are required. The FOOT agreements require City
Commission approval and are further described below.
Storm Water Pump Station and Pollution Control Structures Maintenance Memorandum of Agreement fMMOA)-
execution of an MMOA is required in order to stipulate the responsibilities of the City and FOOT with respect to the
construction, operation, and maintenance of the proposed pump station and pollution control structures. The
proposed pump station will serve an area that is approximately 60% City right-of-way and 40% FOOT right-of-way.
The City and FOOT have agreed that FOOT will fund all capital costs for the installation of the pump station, all
major repairs to the pump mechanism and structures, and pump replacement when needed. The City will fund all
routine maintenance and minor repairs.
Memorandum of Agreement (MOA) Regarding Off-Svstem Construction and Maintenance of Improvements ~ in
order to complete the proposed drainage improvements, FOOT needs to perform construction activities within
rights-of-way under the jurisdiction of the City,J>articularly along 43rd Street. The MOA outlines the responsibilities
of each agency as it pertains to work along 43 Street and is required in order for FOOT to construct the roadway
and drainage improvements within City right-of-way.
Perpetual Easement Agreement-FOOT requires a perpetual easement where the proposed pump station will be
located. The proposed easement would be approximately three thousand one hundred ei~hty-one (3, 181) square
feet in size and located at the street-end of the intersection of Indian Creek Drive and 43r Street. The perpetual
easement is required so that FOOT can construct the proposed pump station within City right-of-waywhich is the
most practical location.
The Administration recommends approving the Resolution.
Advisory Board Recommendation:
I NfA
Financial Information·
Source of Amount Account
Funds: 1
I I 2
3
OBPI • Total
Financial Impact Summary: N/A
City Clerk's Office legislative Tracking:
Jose R. Gonzalez, P.E., Transportation Manager, EXT. 6768
Si n-Offs:
MIAMI BEACH
230
AGENDA ITEM ~ 7 L
DATE ld-"!Jr-f).
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
COMMISSION MEMORANDUM
Mayor Matti Herrera-Bower and Members of the City CoJmission
Kathie G. Brooks, Interim City Manager ;:::*'~ r .
December 12, 2012
SUBJECT: 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 STORMWATER PUMP STATION AND POLLUTION CONTROL
STRUCTURES MAINTENANCE MEMORANDUM OF AGREEMENT, A MEMORANDUM
OF AGREEMENT REGARDING OFF-SYSTEM CONSTRUCTION AND MAINTENANCE
OF IMPROVEMENTS, AND A PERPETUAL EASEMENT AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE CONSTRUCTION OF
DRAINAGE IMPROVEMENTS ALONG 43rd STREET, AND MAINTENANCE OF PUMP
STATION AND POLLUTION CONTROL STRUCTURES, AS PART OF THE STATE
ROAD A1AIINDIAN CREEK DRIVE PROJECT FROM 42nd STREET TO 44th STREET
AND STATE ROAD A1AICOLLINS AVENUE/INDIAN CREEK DRIVE PROJECT ALONG
43rd STREET.
ADMINISTRATION RECOMMENDATION
The Administration recommends approving the Resolution.
FUNDING
Funding for the Maintenance Memorandum of Agreement will be provided from the Stormwater
Fund Operating budget in FY 2014/15, when it is anticipated that the proposed pump station will be
operational.
BACKGROUND
The Florida Department of Transportation (FOOT) is planning construction improvements on State
Road (SR) A1A/Indian Creek Drive from 42nd Street to 441h Street and on SR A1A/Collins
Avenue/Indian Creek Drive along 43rd Street. Project construction is scheduled to begin in March
2014 and be completed by the end of 2014. The scope of the project along Indian Creek Drive from
42nd Street to 441h Street includes milling, resurfacing, and restriping; repairing existing sidewalks,
curb and gutter; upgrading the existing pedestrian ramps to comply with the current American with
Disabilities Act (ADA) standards; and installing new signage along the corridor. The scope of the
adjoining project along 43rd Street includes major upgrades to the storm water system and
installation of a storm water pump station and pollution control structures at the 43rd Street street-
end.
231
Commission Memorandum -FOOT Agreements for Alton Road from 5th Street to Michigan Avenue
December 12, 2012
Page 2 of 3
The drainage improvements on 43rd Street are needed to address severe flooding that occurs along
43rd Street which significantly impacts the intersection of Collins Avenue/43rd Street as well as the
private property located on the northeast corner of the intersection. Milling and resurfacing of Indian
Creek Drive from 42nd Street to 44th Street is necessary to finish the resurfacing of the corridor. The
other sections were address by two (2) FDOT projects-41st Street/Arthur Godfrey Road from Alton
Road to Collins Avenue (ongoing) and Indian Creek Drive/Collins Avenue from 26th Street to 41 51
Street (completed).
As a traffic safety improvement, the Project will include an extension of the left turn bay at Indian
Creek Drive and 42n Street which will require removal of some existing landscaping in the median
of Indian Creek Drive just north of 42nd Street. In addition, an existing bus shelter on the west side
of Indian Creek Drive (43rd Street street-end) and existing coconut palm trees will be removed due to
the proposed storm water pump station. The City will work with FOOT to identify alternate locations
within the Project corridor for the relocation of the bus shelter and the impacted palm trees. On-
street parking along 43rd Street and an existing Deco Bike station on 43rd Street will be temporarily
impacted during construction. The City will work with FOOT to minimize the impact to residents
during construction. In addition, FOOT will engage a Public Information Officer for the Project to
address all resident complaints/concerns during Project construction.
In order for FOOT to complete the construction of the necessary roadway and drainage
improvements as part of the Project, various agreements between the City and FOOT are required.
The FOOT agreements require City Commission approval and are further described below.
ANALYSIS
Storm Water Pump Station and Pollution Control Structures Maintenance Memorandum of
Agreement (MMOA)
The FOOT project includes the construction of a new storm water pump station to be located at the
43rd Street street-end. The proposed pump station will address the flooding that occurs at various
locations along the project limits due to rainfall and/or tidal influences. The proposed pump station
will drain both FOOT and City rights-of-way within the project limits. Execution of an MMOA is
required in order to stipulate the responsibilities of the City and FOOT with respect to the
construction, operation, and maintenance of the proposed pump station and pollution control
structures.
The proposed pump station will serve an area that is approximately sixty percent (60%) City right-of-
way and forty percent (40%) FOOT right-of-way. Therefore, the City and FOOT have agreed to
share costs. Similarly to the MMOA recently approved by City Commission for the proposed pump
stations on Alton Road, the City will maintain the pump and pollution control structures for the
proposed pump station, FOOT has agreed to pay for the power (electricity) to operate the pump
station; all major repairs of the pump components including pumps, motors, and impellers; and the
replacement cost of the pumps. The City has also requested a mobile generator to ensure the
continuous operation of the pump.
The joint maintenance of the pump station is of mutual benefit to the City and FOOT. In addition to
sharing the maintenance costs, the City will have control over and monitor the operation of the pump
station via a connection to the City's Utility Control Room at the Public Works Yard. FOOT does not
have the appropriate staff to effectively perform this function and, as such, typically requires that the
municipalities assume the maintenance of pump stations constructed as part of FOOT projects
232
Commission Memorandum -FOOT Agreements for Alton Road from 5th Street to Michigan Avenue
December 12, 2012
Page 3 of 3
through execution of a MMOA with the respective municipality. The annual maintenance cost to the
City is estimated to be approximately $12,000.
Memorandum of Agreement (MOA) Regarding Off~Svstem Construction and Maintenance of
Improvements
In order to complete the proposed drainage improvements, FOOT needs to perform construction
activities within rights-of-way under the jurisdiction of the City, particularly along 43rd Street. The
proposed drainage improvements to be constructed within City rights-of-way are as follows: pump
station and pollution control structure (this will also require a perpetual easement further described
below), three (3) new drainage structures, and a thirty-six (36) inch storm water drainage trunk line.
Upon completion of the drainage improvements, FOOT will mill and resurface 43rd Street within the
project limits. The MOA outlines the responsibilities of each agency as it pertains to work along 43rd
Street and is required in order for FOOT to construct the roadway and drainage improvements within
City right-of-way.
Perpetual Easement Agreement
FOOT requires a perpetual easement where the proposed pump station will be located. The
proposed easement would be approximately three thousand one hundred eighty-one (3, 181) square
feet in size and is located at the street-end of the intersection of Indian Creek Drive and 43rd Street.
The perpetual easement is required so that FOOT can construct the proposed pump station within
City right-of-way, which is the most practical location.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve and authorize the
Mayor and City Clerk to execute a Storm water Pump Station and Pollution Control Structures
Maintenance Memorandum of Agreement, a Memorandum of Agreement regarding Off-system
Construction and Maintenance of Improvements, and a Perpetual Easement Agreement with the
Florida Department of Transportation, for the construction of drainage improvements along 43rd
Street, and maintenance of pump station and pollution control structures, as part of the State Road
A1A/Indian Creek Drive project from 42nd Street to 44th Street and State Road A1A/Collins
Avenue/Indian Creek Drive Project along 43rd Street.
Attachments:
A. Storm water Pump Stations and Pollution Control Structures Maintenance Memorandum of
Agreement (MMOA)
B. Memorandum of Agreement (MOA) Regarding Off-System Construction and Maintenance of
Improvements
C. Perpetual Easement Agreement
~
JGG/FHB/JJF/fiJR5/JRG/JFD
T:\AGENDA\2012\12-12-12\FDOT Agreements for Indian Creek and 43 St MEMO.doc
233
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 STORMWATER PUMP
STATION AND POLLUTION CONTROL STRUCTURES MAINTENANCE
MEMORANDUM OF AGREEMENT, A MEMORANDUM OF AGREEMENT
REGARDING OFF-SYSTEM CONSTRUCTION AND MAINTENANCE OF
IMPROVEMENTS, AND A PERPETUAL EASEMENT AGREEMENT WITH
THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE
CONSTRUCTION OF DRAINAGE IMPROVEMENTS ALONG 43rd STREET,
AND MAINTENANCE OF PUMP STATION AND POLLUTION CONTROL
STRUCTURES, AS PART OF THE STATE ROAD A1A/ INDIAN CREEK
DRIVE PROJECT, FROM 42"d STREET TO 44th STREET AND STATE
ROAD A1AICOLLINS AVENUE/INDIAN CREEK DRIVE PROJECT ALONG
43rd STREET.
WHEREAS, the Florida Department of Transportation (FOOT) is planning to construct
improvements on State Road (SR) A1Nindian Creek Drive from 42"d Street to 441h Street and
on SR A1NCollins Avenue/Indian Creek Drive along 43rd Street; and
WHEREAS, the Project will include the construction of storm water drainage
improvements along 43rd Street which will help alleviate flooding and enhance the City's storm
water drainage system and the FOOT storm water drainage system; and
WHEREAS, the pump station will serve an area that is approximately 60% City right of
way and 40% FOOT right of way; and
WHEREAS, the City and FOOT have agreed that FOOT will fund all capital costs for the
installation of the pump station, all major repairs to the pump mechanism and structures, and
pump replacement when needed, while the City will fund all routine maintenance and minor
repairs; and
WHEREAS, in order for FOOT to include the construction of the necessary storm water
drainage improvements as part of the Project, the execution of various agreements between the
City and FOOT is required; and
WHEREAS, a Storm Water Pump Stations and Pollution Control Structures
Maintenance Memorandum of Agreement is required in order to stipulate the responsibilities of
the City and FOOT with respect to the construction, operation, and maintenance of the
proposed pump station and pollution control structures to be constructed as part of the Project;
and
WHEREAS, a Memorandum of Agreement Regarding Off-System Construction and
Maintenance of Improvements is required in order for FOOT to perform construction activities
within rights-of-way under the jurisdiction of the City, particularly along 43rd Street; and
WHEREAS, a Perpetual Easement Agreement is required so that FOOT can construct
the proposed pump station and pollution control structures within City right-of-way, particularly
at the 43rd Street street-end.
234
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 Stormwater Pump Station and Pollution
Control Structures Maintenance Memorandum of Agreement, a Memorandum of Agreement
Regarding Off-system Construction and Maintenance of Improvements, and a Perpetual
Easement Agreement with the Florida Department of Transportation, for the construction of
drainage improvements along 43rd Street, and maintenance of pump station and pollution
control structures, as part of the State Road A 1A/Indian Creek Drive Project, from 42nd Street to
44 1h Street and State Road A 1NCollins Avenue/Indian Creek Drive Project along 43rd Street
PASSED AND ADOPTED THIS ___ DAY OF ____ .2012.
ATTEST:
MAYOR
CITY CLERK
T:IAGENDA\2012\12-12-12\FDOT Agreements for Indian Creek and 43 St RESO
235
------··-----:-Attachment A
FLORIDA DEPARTMENT OF TRANSPORTATION
STORM WATER PUMP STATION
AND
POLLUTION CONTROL STRUCTURES
MAINTENANCE MEMORANDUM OF AGREEMENT
WITH THE
CITY OF MIAMI BEACH
s AGREEMENT, made and entered into this day of
2 0 by and between the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
fter called the "DEPARTMENT," and the CITY OF MIAMI
BEACH, a municipal corporat of and st under the laws of
the State of Flor hereinafter called the "CITY,"
collect ly re to as "the Parties."
RECITALS:
A. The CITY has juri ction over and rna ains the area west
Creek Drive western of State Road (S. R.) AlA/Indian
right of way line at 43rd Street; and
B. The DEPARTMENT will install a storm water pump stat and
pollution control structure at the west side of the
ersect of S. R. AlA/Indian Creek Drive and 4 Street
(M.P. 0.105 along S.R. AlA), accordance with DEPARTMENT
Contract # T-6322 ("PROJECT LIMITS"), are described in the
attached Exhib 'A' , by reference reto shall
become a hereof; and
C. The Parties mutually recognize the need for ent
an agreement designating and setting forth the rna
responsibilities of each party; and
D. The CITY, by Resolution No. dated
20 attached as Exhibit 'B', which is
incorporated to this agreement by reference, desires to
enter into this Agreement and authorizes officers to do
so.
NOW I THEREFORE I
benefits contained
and in consideration of the mutual
herein and r good and valuable
cons ration, the ies covenant and agree as follows:
Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami Beach
Page l of ll
236
2.
The
are
f.
ies
issuance of Not
the DEPART:M.ENT
re
stations
"
for
s of the
this AGREE:M.ENT •
this AGREE:M.ENT are true and correct,
reference and a
of
of
3. CITY'S MAINTENANCE RES~b~$
The
DEPART:M.ENT
b. ring to the sa
manu cturer
Specifications.
c. wi all
regulations, ic
i
s,
CITY
the
AGREE:M.ENT, up on
DEPART:M.ENT, t
1
CITY
r cally mainta
PROJECT LIMITS. The
s r Structures
foll
mainta Structures
cal, etc.),
nimum care
accordance the
ions
the
pres
Project Plans
the
and
government rules,
sf l sf
Maintenance Memorandum of Agreement belweenlhe Florida n''""'"h'"""l nfT'mn<:nnrtot and the City of Miami Beach
Page 2 of
237
manuals, as the same may be from time to t
d. Maintaining
activities.
e.
or
Structures as
repairs
rout
f. Noti
The CITY
for
If at t
fails to comply
in
11
a s
se
le
of all
act s that are not
1 shall be to not
ir
irs re
m:aintenance of
, s , '. J\.~REEMENT.
limi
allt
,: DEPAl~.il'MENT as
~ ' ' ' ! ' ; ; ' ' 1
is 1dis:Cbvered. A major
r
the
irs.
the
the 'C!ttfY its knew
r
or
lis r
sole responsibil
s AGREEMENT is
or
of a
3 (f) i.
the CITY.
ct, the CITY
as establi
ies are not
the terms of
or
accompli
AGREEMENT, the DEPARTMENT its opt issue a
written notice, care of MANAGER, to notify the
Maintenance Memorandum of Agreement between the Flmida ilen,min1enl and the City of Miami Beach
Page 3 of
238
CITY of
1
identifi
of
ficiencies.
rty (30)
within
the CITY
foll
rece
fi
rece
said
t
ciencies. notice be
with Sect
s are not correct
5 of this AGREEMENT. If
cannot
CITY does not
st
a. Mainta t
CITY
or, if the
corrected
commence to
t
as follows:
expenses
b . 'I' e e s AGREEMENT 11
this AGREEMENT, remove the
PROJECT LIMITS, and charge
of such
5. NOTICES
1 notices,
other
At tent
Beach
deemed to have been rece
r
from the r s
of
unless is provided.
Maintenance Memorandum of Agreement between the Florida n"'''~'t"'"'nt
Page 4 of I
239
rty (30)
7 of
cost
or
t
as
Parties the Structures
AGREEMENT may , relocated or
future, at the DEPARTMENT's so
'7 • TERMINATION
s AGREEMENT may
a. DEPARTMENT, if
ce
AGREEMENT • l,,
b. In Se~~l6il:,
covered
ust at
s
time
Florida
Statutes (11'. S.) 1 DEPARTMENT[!~ . reserve
to s ·Aq~EMENT if
ss to
i~W~):e
:. this1: AGREEMENT
A
AGREEMENT ex~¢tlt1~d;;t4,:4t;h
,.STRUCT~~~lli~·
c.
Parties or
sion.
DEPARTMENT
subject to
ir
is
the
a
1:1'9, i.
state
sions
Maintenance Memorandum of Agreement between the Florida
Page 5 of
240
of
AGREEMENT are
not af
self-insured
the
the
and
10.
F.S. Nothing in this
erpret
immunity
of l l
F. S., as may
a. The CITY
contracts
or
duties set
i.
ii.
11 or
DEPARTMENT' S
ctions, or as s
set forth in Section 768.28,
t to time.
bet\-JeEHi:
r t;~e
AG~EMENT:
y's E-Veri
eligibility of
tractor
and
of
any
any
the
this
to
the u.s.
em
AGREEMENT s ll commence upon
shall
no
written, wi
AGREEMENT
s.
or
d. This AGREEMENT shall not be
who or in
DEPARTMENT.
This AGREEMENT
until termination
entire
as
trans or ass
written consent
Maintenance Memorandum of Agreement between the Florida ,,.no.,.,,,n, of Transportation and the
Page 6 of l
of Miami Beach
241
set
and
are
or
s
of
11.
e . 'I'h is AGREEMENT, ss of where execut
with
In the event of a
1
rtion of the Flo
the laws of Flor 11
AGREEMENT 1 ate r
shall seve not
rest of this AGREEMENT.
f. Venue for a~~~ing out of or in
connection to
per or
interp'ret~tion,
of this. AGREEMENT
Subject to
fy'
its officers,
all
assessments,
demands,
a to
in a state
, Flor
ion to
r ·~j!ltris ction in
CITY shall promptly
ss the DEPARTMENT,
l s from
or
exercise
this AGREEMENT,
or
to
s or
s AGREEMENT,
r the CITY
s or
under s for
damage rect caus or
of the DEPARTMENT.
, de The
de e of the DEPARTMENT, or at the DEPARTMENT'S
th the DEPARTMENT
the
ion,
to rticipate as soc
defense t al of any cla related settlement
iations,
CITY'S rece
fication.
Maintenance Memorandum
11 be t
of the DEPARTMENT'S
The notice of
rece if the
ately
notice of
between the Florida Depmtment ofTransportation and the City of Miami Beach
Page 7 of 11
242
notice in acco the formal notice 1
requirements set Section 5 this AGREEMENT, or
actual receipt of the notice City. The
DEPARTMENT'S i to noti the City of a shall
not se the CITY of the duty to and
DEPARTMENT.
termination or
re to
rcumstances
expirat of
The CITY'S
evaluate li
defend
of is sect On
highest appeal i
rtment was sole
s ision by
fee to
th:e DEPARTMENT.
~ ,-~ ~
this se~tion 11
s ~s'REPiMEw~, but
of I; Ifa,l:prl:li ty ;,
not ~:~xcu~~e
DEPARTMENT under the
Maintenance Memorandum of Agreement between the Florida
Page 8 of
ofMiami Beach
243
s
The
or
or
to
to
ce
IN WITNESS WHEREOF, the
ef ive the and
CITY OF MIAMI BEACH:
Attest: (SEAL) ---------------------City erk
this
STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION:
LEGAL REVIEW:
jlllitllllllllllll i i'
,,,tlllilk.
' i llllllllllllllll )
Maintemmce Memorandum of Agreement between the Florida Jen"nm<mt and the of Miami Beach
Page 9 of
244
Below are the e
pollution control
AGREEMENT.
County:
of S.R.
1
limits of
structure to
S.R.AlA/ an Cree 4
t
station and
r this
Street
(Station 78+35
/Indian Creek
Maintenance Memorandum of Agreement between the Florida J~mntm,.,ntofTransportation and the
Page 10 of
of Miami Beach
245
EXHIBIT 'B'
CITY OF MIAMI BEACH RESOLUTION
Attached
ratified
hereto
CITY
l,'
Maintemmce Memorandum of Agreement between the Florida
Page 11 of
246
by re
and the
once
of Miami Beach
.............. : ............ ..
FM No. 427505-2-52-01
Page l of9
MEMORANDUM OF AGREEMENT
REGARDING
OFF-SYSTEM CONSTRUCTION AND MAINTENANCE
Attachment B
IMPROVEMENTS
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
("DEPARTMENT")
and
CITY OF MIAMI BEACH, a municipal corporation of the State of
("CITY")
This Agreement is made and entered into as of ----------' 2012, by and
through THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the
State of Florida (the "Department"), and CITY OF MIAMI BEACH, a municipal corporation of the
State of Florida (the "City"), collectively referred to as the "Parties."
RECITALS
WHEREAS, the State of Florida Legislature has approved the Department's Work Program
and mandated the Department to complete the various projects included in the Department's Work
Program; and
WHEREAS, included in Department Work Program is Project Number FM 427505-2-52-
01 on 43rd Street, from Collins Avenue to Indian Creek Drive, located in City of Miami Beach,
Florida, (hereinafter "the Project"), which includes the construction of improvements on roads not on
the State Highway System; and
WHEREAS, the City has jurisdiction over and owns the roads related to this Agreement,
which are not on State Highway System; and
WHEREAS, the Parties agree that it is in the best interest of each party for the Department to
undertake and to complete all aspects of the Project, including the design, construction, inspection,
utilities, permits, easements, and other tasks associated with those improvements that are on roads not
on the State Highway System.
TERMS
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:
247
FM No. 427505-2-52-01
Page 2 of9
1. The recitals in this Agreement are true and correct, and are incorporated herein by reference
and made a part of this Agreement.
2. The Parties agree that the Department intends to undertake and complete project number
FM 427505-2-52-0lon 43rd Street (the "Project"), depicted in the attached Project Design
Plans (referred to as "Exhibit A" and attached hereto). The Project shall include
improvements on roads not on the State Highway System (the "Local Roadway
Improvements"), which are also depicted in Exhibit A, and all activities associated with, or
arising out of construction of the Local Roadway Improvements. The City shall cooperate
with and support the Department's work efforts in these regards. The Department will
design and construct the Project in accordance with all applicable federal and state laws and
regulations and in accordance with Department design and construction standards as set
forth in Department's guidelines, standards, and procedures. The Department shall
have final decision authority with respect to all aspects of design and construction of the
Local Roadway Improvements.
3. The Parties acknowledge and agree that the City has reviewed the Project Design Plans up
to the 60% design phase, which are attached hereto as "Exhibit A." The Parties further
agree that the Department has addressed all of the City's comments regarding the 60%
Design Plans, in accordance with the review process set forth in paragraph 4 of this
Agreement. The Parties acknowledge and agree that the City will review all additional
submissions of the Project Design Plans using the Department's review process as set forth
in paragraph 4 of this Agreement.
4. The Department shall use the Electronic Review Comments System (the "ERC") to submit
versions of the Project Design Plans for the City to review. When the Department places
the Project Design Plans in the ERC, the Department will designate a Comment Due Date
and a Response Due Date. The City must submit its comments with regards to the Project
Design Plans on or before Comment Due Date, and the Department must respond to the
City's comments, if any, on or before the Response Due Date. If the City does not submit
its comments by the Comment Due Date, the City will be deemed to have approved the
submitted Project Design Plans. This process for review of the Project Design Plans shall
be referred to as the "Review Process."
5. The Review Process for the Project Design Plans will be deemed concluded when the
following has occurred: (1) the Department has submitted the Final Project Design Plans to
248
FM No. 427505-2-52-0 l
Page 3 of9
the ERC, (2) the Comment Due Date and Response Due Date for the Final Design Plans
have passed, and (3) the Department has addressed the City's comments on the Final
Design Plans that were submitted through the ERC, any (in accordance with the review
process). Once the review process is concluded, City authorizes its Public Works
Department to issue a permit (hereinafter "the Permit") to the Department's Construction
Contractor, authorizing the Department to construct the Project in accordance with the Final
Project Plans (hereinafter "the Final Project Plans") submitted through the ERC.
By authorizing the issuance of the Permit, the City agrees that the Department may
proceed to construct the Project in accordance with the Schedule of Work included in its
Final Project Plans. The City further agrees that the Permit will not impose any conditions
other than those included in this Agreement, and the terms of this Agreement supersede any
conflicting terms in the Permit. The City acknowledges and agrees that, during construction
of the Local Roadway Improvements, the Department will utilize the service of law
enforcement officers only when required by the Department's Standard Specifications for
Road and Bridge Construction, and no additional requirements will be imposed.
Additionally, the City waives any permit fees that may apply to issuance of the Permit.
Major modifications of the Final Project Plans that concern the Local Roadway
Improvements must be submitted to the City for review using the Review Process. A
Major Modification is any modification that materially alters the kind or nature of the work
depicted in the permitted plans (Exhibit A), or that alters the integrity or maintainability of
the Local Roadway Improvements or its components. The City will review the
modifications in a manner that will not delay the Department's construction contract.
Subsequent to the City's review of the Major Modification(s), the City will update the
Permit to reflect the submitted changes in accordance with the terms of this Agreement.
6. The City agrees to fully cooperate with the Department in the construction, reconstruction
and relocation of utilities that are located within the City's right-of-way.
7. It is the understanding of the Parties that the Department is attempting to obtain a
permanent easement from the City for certain drainage improvements on the Local
Roadway, which will be constructed pursuant to the Project (hereafter "the Easement"). In
the event that the Easement is executed, if any of the tenns of the Easement conflict with
the terms of this Agreement, the terms of the Easement shall govern as to the maintenance
responsibilities of each Party for those improvements addressed by the terms of the
249
FM No. 427505-2-52-01
Page 4 of9
Easement. Otherwise, the maintenance responsibilities of each Party shall be governed by
the terms of this agreement.
8. The City acknowledges that the Department will be utilizing State funds to construct the
Project, and as a result thereof, the City agrees to perpetually maintain all Local Roadway
Improvements, at its sole expense. To maintain means to perform normal maintenance
operations for the preservation of the Local Roadway Improvements, which shall include
but are not limited to, roadway surfaces, shoulders, roadside structures, drainage structures
and such traffic control devices as are necessary for the and efficient use of the Local
Roadway Improvements.
Additionally, the Parties understand and agree that the Department shall transfer all
permits for Local Roadway Improvements to City as the operational and maintenance
entity, and the City to accept said transfer and to be fully responsible to comply with
all operational and maintenance conditions of the permits, at its sole cost and expense.
Notwithstanding the requirements hereof, maintenance during construction shall be the
responsibility of the Department and its Contractor, as set forth in paragraph 12 of this
Agreement.
9. The Parties acknowledge and agree that the City's right-of-way and the improvements and
structures located within City's right-of-way, are and will remain under the ownership of
the City, and Department will not have any ownership interest in the right-of-way,
improvements, or structures located thereon or installed therein pursuant to the Project,
except for those interests transferred pursuant to the Easement, if any.
10. The Department shall require its construction Contractor to maintain, at all times during
the construction, regular Contractor's Public Liability Insurance providing for a limit of not
less than $1,000,000 all damages arising out of bodily injuries to, or death of, one
person and, subject to that limit for each person, a total limit of $5,000,000 for all damages
arising out of bodily injuries to, or death of, two or more persons in any one occurrence;
and regular Contractor's Property Damage Liability Insurance providing for a limit of not
less than $50,000 for all damages arising out of injury to, or destruction of, property in any
one occurrence and, subject to that limit occurrence, a total or aggregate limit of
$100,000 for all damages arising out of injury to, or destruction of, property during the
policy period; or such other minimum insurance coverage that may be required by the
Department for construction of the Project, in accordance with the Department's standards
250
FM No. 427505-2-52-01
Page 5 of9
and specifications. The Department shall further cause its Contractor to name the
Department as additional insured on the afore-stated policies, and to name the City as
additional insured on the afore-stated policies with regards to activities performed within
the City's right-of-way. The Department shall also require its Contractor to provide
evidence of Workers' Compensation Insurance in accordance with the laws of the State of
Florida and in amounts sufficient to secure the benefit of the Florida Workers'
Compensation law for all employees.
11. The Department shall notify the City at least 48 hours before beginning construction within
the City's right-of-way. Such notification may be provided verbally or via email, and the
notice requirements set forth in paragraph 23 shall not apply to this paragraph.
The Department agrees that the City may, at reasonable times during the construction of
the Local Roadway Improvements and with regards to the Project limits located within City
right-of-way, inspect the Contractor's construction site and perform such tests as are
reasonably necessary to determine whether the goods or services required to be provided by
the Contractor, pursuant to the Contractor's Construction Agreement with the Department,
conform to the terms of said Construction Agreement. Upon request by the City, the
Department shall coordinate with its Contractor to provide access to the City for
performance of said inspections.
the City determines that the work is not being performed in accordance with the
plans, specifications, and schedules which the City permitted as provided in paragraphs 3
and 4 of this Agreement, the City shall make its objections known to the Department in
writing to the Department's Construction Project Manager. It will be the responsibility of
the Department to make all needed corrections to assure conformity with the plans,
schedules and specifications which had been previously reviewed by the City through the
Review Process.
12. Maintenance of the Local Roadway Improvements during construction shall be the
responsibility of the Department's Contractor. Upon completion of construction, the
Department will invite the City on the Final Inspection of the Local Roadway
Improvements and will incorporate valid City concerns that are within the scope of the
contract into the final Project punch list to be corrected by the contractor. The Final
Inspection shall be performed and the Notice of Final Acceptance shall be issued in
accordance with the Department's Standard Specifications for Road and Bridge
251
FM No. 427505-2-52-0 l
Page 6 of9
Construction and the Construction Project Administration Manual (CPAM). The City's
presence at the Final Inspection, however, is not mandatory, and the Department shall
conduct the Final Inspection, finalize the Project punch list, and issue a Notice of Final
Acceptance to its Contractor, whether or not the City attends the Final Inspection.
Upon issuance of the Notice of Final Acceptance to the Contractor, the Department
shall provide a copy of said notice to the City. of the date of the Notice of Final
Acceptance, the City shall immediately responsible for the maintenance of the Local
Roadway Improvements. The Department, however, shall have the right to assure
completion of any punch list by the Contractor and to assure the performance by the
Contractor of remedial work covered by any existing warranties for the Local Roadway
Improvements.
13. Upon completion of all work related to construction of the Project, the Department will be
required to submit to the City final as-built plans for the Local Roadway Improvements and
an engineering certification that construction was completed in accordance with the plans.
Additionally, the Department shall vacate those portions of City's right-of-way used to
construct the Local Roadway Improvements and shall remove the Department's property,
machinery, and equipment from said portions of the City's right-of-way. Furthermore, the
Department shall restore those portions of the City right-of-way disturbed by Project
construction activities to the same condition that existed immediately prior to
commencement of the construction of the Project. This Agreement shall become effective
as of the date both Parties hereto have executed the agreement and shall continue in full
force and effect until the Project is completed, as evidenced by the Department's issuance
ofNotice of Final Acceptance.
Prior to commencement of construction, the Department may, in its sole discretion,
terminate this agreement if it determines that it is in the best interest of the public to do so.
If the Department elects to terminate this Agreement, the Department shall provide formal
notice of termination to the City, as set forth in paragraph 23 of this Agreement.
14. In the event that any election, referendum, approval or permit, notice or other proceeding,
or authorization is required to carry out the Project, the City agrees to expeditiously initiate
and consummate, as provided by law, all actions necessary with respect to any such
matters, with time being of the essence. Additionally, the City shall conduct operations so
as to cooperate fully with any such work being performed by the Department and the
252
FM No. 427505-2-52-01
Page 7 of9
Department's contractors. The City shall not commit or permit any act which may interfere
with the performance of any such work by the Department or any Department contractor
unless the Department agrees in writing that the City may commit or permit said act.
15. The Parties acknowledge and agree that the Project shall be constructed using State funds
and that all costs incurred must be in conformity with applicable Federal and State laws,
regulations, and policies and procedures.
16. The Department's performance and obligations under this Agreement are contingent upon
an annual appropriation by the Legislature. If the Department's funding for this Project is
in multiple fiscal years, funds approval from the Department's Comptroller must be
received each fiscal year prior to costs being incurred. Project costs utilizing fiscal year
funds are not eligible for reimbursement if incurred prior to funds approval being received.
17. In the event that this Agreement involves expenditures in excess of $25,000, and the
agreement has a term for a period of more than one year, the provisions of Section
§339.135(6)(a), Florida Statutes, are hereby incorporated into this agreement and are 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 any 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 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 1 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 $25,000
and which have a tenn for a period of more than 1 year.
18. The Department is a state agency, self-insured and subject to the provisions of Section
768.28, Florida Statutes. 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 Section 768.28, Florida Statutes.
19. 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.
253
FM No. 427505-2-52-01
Page 8 of9
20. This Agreement shall be governed by the laws of State of Florida. Any provision
hereof found to unlawful or unenforceable shall be severable and shaH not affect the
validity of the remaining portions hereof. Venue for any and all actions arising out of or in
any way related to the interpretation, validity, performance or breach of this Agreement
shall lie exclusively in a state court of appropriate jurisdiction in Leon County, Florida.
21. No term or provision of this Agreement shall be interpreted for or against any party because
that party's legal counsel drafted the provision.
22. In accordance with Executive Order No. 11-02 all Department Vendor/Contractors shall
utilize the U.S. Department of Homeland Security's E-Verify system, in accordance with
the terms governing use of the system, to confirm the employment eligibility of;
1. all persons employed by the Vendor/Contractor during the term of the Contract to
perform employment duties within Florida; and
2. all persons, including subcontractors, assigned by the Vendor/Contractor to perform
work pursuant to the contract with the Department.
23. All notices, requests, demands, or other communications required or permitted to be given
under this Contract shall in writing and shall be delivered in one of the following
manners: personally, via express mail service or mailed by first-class, registered or
certified mail. Any notice, request, demand, or other communication made pursuant to this
paragraph shall be deemed to have been received by the addressee at the earlier of such
time as is actually received or seven (7) calendar days after it is mailed. Unless otherwise
notified in writing, notices shall be sent to the following:
To the City:
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
To the Department:
Director of Transportation Operations
State of Florida, Department of Transportation
1000 N.W. 111 th Avenue,
Miami, Florida 33172
254
FM No. 427505-2-52-01
Page 9 of9
A party may change the address to which such communications are to be directed by
giving written notice to the other party in the manner provided in this paragraph.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the dates exhibited, by
the signatures below.
STATE OF
DEPARTMENT OF TRANSPORTATION
By: ____________________ _ By: __________________ __
Name: Name:
Title: Title: Director of Transportation Operations
Date:--------------Date:------------
Attest:-----------
By:
Title:
Approved as to form and legality: Department Legal Review:
By:
City Attorney
255
..........................
Attachment C
Florida Department of Transportation
RICKSCOIT
GOVERNOR
Fred Beckman, P .E.
The City Of Miami Beach
Public Works Department
1700 Convention Center Drive
Miami, Beach, Florida 33139
ITEM/SEGMENT NO.:
MANAGING DISTRICT:
F.A.P.NO.:
STATE ROAD NO.:
COUNTY:
PARCELNO(s).:
Dear Mr. Beckman:
4275052
SIX
N/A
1000 NW 111 Avenue
Miami, Florida 331 72-5800
October 19, 2012
SR-AlA (Indian Creek Drive)
Miami-Dade
800
ANATH PRASAD, P.E.
SECRETARY
The Florida Department ofTranstfortation, District VI, is proposing a project on SR AlA I Indian Creek
Drive from 42nd Street to 44 Street. This segment consists mainly of residential use and the
purpose of the project is to upgrade storm water drainage systems, add shared bicycle lane, adjust
existing sidewalks and ramps to comply with ADA standards as well as to perform milling and
resurfacing of the roadway.
The Department has 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 800: Easement is being requested for the installation and future maintainance of a drainage
pwnp station. The parcel contains 3,181 square feet, more or less.
www.dot.state.fl.us
256
Page2
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 ofWay Acquisition Brochure and Donation Form
4. Project Fact Sheet
5. Photos of Proposed Parcel Area
6. Pertinent Contract Plan Sheet
We look forward to working together for the fulflllment of our Public Service mission. If you have any
questions, and/or need additional information please contact me at 305-4 70-5157.
Sincerely,
/'
Enclosures
Cc: Javier Bustamante, Alejandro Casals, Diego Rivadeneira, Richard Lineberger, Richard Saltrick, Jose
Gonzalez,
www.dot.state.fl.us
257
07-PE.B
This instrument prepared by,
or under the direction of,
Alicia Trujillo, Esq.
District Six Chief Counsel
State of Florida
Department of Transportation
lOOON.W. lllth Avenue
Miami, Florida 33172
October 8, 2012-NE
Parcel No. : 800.1
Item/Segment No. : 427.505-2
Managing District : 6
PERPETUAL EASEMENT
TillS 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.
WI1NESSETII: 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 Drainage Pump Station in,
over, under, upon and through the following described land in Miami-Dade County, Florida, viz:
PARCEL800: F.P. No. 427505-2
Being a parcel ofland lying in the Southwest one-quarter(~) of Section 23, Township 53 South, Range 42 East,
and lying within the right-of-way of 43rd Street (formerly known as 19th Street) as depicted on the AMENDED PLAT OF
THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVE..MENT COMPANY, according to the plat
thereof, as recorded in Plat Book 5, Page 8, in the Public Records of Miami-Dade County, Florida, and being more
particularly described as follows:
BEGIN at the Northwest comer of Lot 13, Block 38 of aforesaid Plat, said point lying at the intersection of the
East right-of-way line of State Road AlA (Indian Creek Drive) with the South right-of-way line of 43rd Street, as shown on
the Florida Department of Transportation Right of Way Map of said State Road AlA, Project No. 2507 4 7-1, last revised
on 06/01/2006, said point hereinafter referred to as Point "A"; thence N 07°27'28" E, along the northerly prolongation of
said East right of way line of State Road AlA (Indian Creek Drive), 37.14 feet; thence N 04°40'09" E 12.88 feet to the
Southwest comer of Lot 7, Block 40 of aforesaid Plat, said point lying at the intersection of the East right-of-way line of
said State Road AlA (Indian Creek Drive) with the North right-of-way line of 43rd Street; thence S 82°30'35" E, along
said North right-of~way line of 43m Stree~ 28.75 feet; thence S 07°29'25" W 10.59 feet; thence S 82°01 '36" E 153.41
feet; thence N 07°29'25" E 11.88 feet to the intersection with the aforesaid North right-of-way line of43rd Street; thence S
82 °3 0 '35" E, along said North right -of-way line of 4 3 rd Street 18.62 feet to the intersection with the West right-of-way line
of State Road AlA (Collins A venue), said point being the Southeast comer of Lot 5, Block 40 of aforesaid Plat; thence S
07°26'37" W, along the southerly prolongation of said Eastright-of-wayline of State Road AlA (Collins Avenue), 21.04
feet; thence N 82°01 '36" W 172.04 feet; thence S 07°27'28" W 30.41 feetto the intersection with the South right-of-way
line of 43rd Street; thence N 82°30'35" W, along said South right-of-way line of 43rd Street 28.12 feet to the POINT OF
BEGINNING.
Containing 3,181 Square Feet ofland, more or less.
TOGETHERWITH ·
A parcel ofland which is bounded on the North by the southerly line of aforementioned Lot 7, Block40 extended
westerly across Indian Creek Drive to Indian Creek, bounded on the South by the northerly line of aforementioned Lot 13,
Block 3 8 extended westerly across Indian Creek Drive to Indian Creek, bounded on the East by the West right-of-way line
1 of 6
258
of State Road A 1 A (Indian Creek Drive), and bounded on the West by Indian Creek, and being more particularly described
as follows:
COMMENCE at aforesaid POINT "A"; thence N 82°30'35" W, along the westerly prolongation of the South
right-of-way line of 43rd Street, a distance of 105.88 feet to the intersection with the West right-of-way line of State Road
AlA (Indian Creek Drive), as shown on aforesaid Right of Way Map, said point being the POINT OF BEGINNING of the
following described parcel of land:
Thence continue N 82°30'35" W 32.47 feet; thence N 04°21 '08"E 50.08 feet to the intersection with the westerly
prolongation of the North right-of-way line of 43rd Street; thence S 82°30'35'' E, along said westerly prolongation of said
North right-of-way line, 34.30 feet to the intersection with the aforesaid West right-of-way line of State Road AlA (Indian
Creek Drive); thence S 04°40'09" W, along said West right-of-way line of State Road AlA, a distance of 18.00 feet;
thence S 07°27'28" W 32.02 feet to the POINT OF BEGINNING.
Containing 1,683 Square Feet of land, more or less.
Containing a total area of 4,864 Square Feet ofland, more or less.
DD/CK/1 0/04/2012
AS SHOWN ON EXHIBIT "A". ATIACHED 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.
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 CityofMiami-Beach
Its City Clerk
STATE OF FLORIDA
COUN1Y OF MIA..W~DADE
Address
rne 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:--~~~~---
2 of 6
259
EXI"·fiB1T "A"
GI!NI:.RAL 1\0TES:
-T.H!S TS UOl' A SURVH
~ Rt!)f'O O:f this 1¥\a!) ate no:. valid vvltlnn.tt tile signature
i!Jfld sea! of !:tie Florida Ll~nsed Sutvey~>r and
lOili! ua. o;tm: r;tt.
ar:f'\\ls sbow"1 h~utan ril rlllferenterJ to the Baseline of
Stmlt"if of' 43rd Street, htntlrtg .a llwnng of s 82"30'35' F. a.s
Jliown 0"< the Flna t>euartlncrtt or Tromportatlnn Pmj'i'!d
NcLwork CcntrQI fQf St:a~ Aoad AlA, tomp:l~t! Dn 05/08120ll orn414 corp,, rot Proirn No, 421SOS 2.
• n '!.t'te t:OO:ul~tlun ami vrnp~u.atl;;n of the legal
dii!Uir;rlptton was proVIdQd by the FOOT Project. Mottlil!}er ftlr
tsid Ptoj;;ct No, 427SGS·2,
· Additions ondior rie 1etions to survey maps. sketches or reJM!rL:.~
by any ~'lrty ()tl'ler tna"' Lhl;! ~igl"'in; party !Ire prohibited
without .tl'le wrltter c:ons.c:nL ~( Lh• signing PiV"'¥
LEGEND:
' -SA!t~llna -Parc.el Io111ntlflutlon
Num"l!'r
F)( • FKistin!J
FDOT · FIOI'idil D~p<ulrmmL or , "'Zinsportatlon
F.P. • Financial Project
NO.-Numbt~r
(PJ -Plilt
P.B. -Plat Book
~. Page
PT -Puin~ 1]1' (1te~ection
PNC -Prtljt:!c:·. NeLYJark
t:llnlrul
RGE. • Ran,e
RT · P.igllt
II.J\IIt • Right-nt-W.-y
S!:C. -Sactlor.
S.R. · Stolte R.Odtl
5TA. · StatiDn
TWP. • Township
-;,is dotume"lt consist; of tilree (.:n sheet$
and sl'lall no-: ~c-conslei(I'CCI 1u11, vallol,
and cam a ate unless eiiiCh sheet :-. att11c:l•ed
tc.a 11\e ulh~f.
FLO R.l DA D EPA Ftrt-\.'EfoJ;r.;"''f=1'fRA N 5POR.TATION
DATE
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
SECTION a7D&O SHEET 1 OF ~
3 of 6
260
EXHJBJT 11 A 11
LEG~l IJESCI'\!f'fiON PARI:EL SDO;
eeinQ e. pa 'eel of ar-a lymg In tM! southwest cne-quart*r CU.) af Ser.tion 23. Towmhill' !l-3 souUl, R~yc
41 E1st. lr'd lyll"g •ttlthin tl'll'! ti!Jht of w.-.v of 4~r~ Strcoct (formerly _known .}S l!iRh SL•eet) n ce~ir.ted Dn ~he!
AME.NOE.:l PLAT Ul-I HI-r.u.;eAN fRONT PROPERTY OF THE MIAMI BEACH IMPROVEti'IENT COMPANY, 8(.COrdi•1g
lO ~hfl pial therwf, liS •cc:ordcd in Pl&t Boolo; 5, Pilge S, in thf! Public: 1\~c-ord!i of ~4 ami-D!!idt Col.ln~y. Floridc,
11nd b~:ing ITI:Jre particuiDrly Elescrlb4>.d ;u fQIIows:
ru:.GlN ~t >h~ Nortl'twost ecrner <Jf Let 13, Blllt:k 38 ol' L'ltoresuld Pfat, a!d Pi)lnt! n
or !he Ea.sL righL·t.ti·Pl~tl1 lim: of Stilt~ Road A1A Cl1rll.an CrAPk Drhta) vtlth ~South 1 ne of 43rd
Slnoi!!!t, ali !'rovm fill the Fl«'r.ia Depzt·t~'lt Of 'Ira s!.lltl Sl.ld . .e: d A !A,
Pr-aier::t Na. 250747-1, las; rev!~ , as f'loinl:: 'AQ; thence
N 07'21 28'' 1::. alon9 ttN! rR)tlh!riy af S;\ld Ent 1\oad AlA (fuui&n
Cree:k ori ... ct !7.14 feet; t:herce N 4•40• E 12 .ea feet to Let 7, Block 40 cf
o~l'orE.~oillu P'il~ said paint lying at the inteno;ectign af thG f'liSI" right cl'.vta~ .Inc o:". i~ Stale Roa.d A :.LA (fodiilll
cre,k D·iwll') with t1e 'llorth riQht o• MY ~r.c-Df 43rd StN!:~t; t"'a!'\t<l S S2 E'l Nor~h
rigllt-of·Wil\' ine or 4lrol Slfec:l, 28. 7S. rc~t; t.,enr::e 5 t:rr•29'25u Vi !ID.S9 fui:: 315" E .UJ.-41
feet; th~ce ~ 07°29'15'' E ll.S.B ~eet ta the lntl!~tion Vt'itt< tha afaM~tald North l'lgl'lt..at~w~y li."'e ttf 113m
s•.rt~eL: t:nmc:e 5 824 30'.35" E; along uld Nnl"!il rl ·hi-way ilnf' of 4Jrtl Sit~ 19.62 fe.t t.ey l;he inb.!rA>ec:t:io-n
with the We!it right-l)f-way line of Stite R {.CoD!ns Avenue,. •~ld polnt being thfil Snut:.,eust corrter of
I o-:-9, Block 40 of afore:sala Pial; ;he:nu: s ur~2fi'l1'* W, 61ang the ltPt..tl"erly pm nn~nt!nn ¢f said ease
rlght•Ot-¥'tay .• 'ne or :SI.fl;e Rc:JIHJ AlA IC:DIIIns 1\venJe). 2Ul4 fe • thert::e N .S2"t'l1'~1)' w 112,()4 fwl; lh~m;e
S Oi' "27'28" 'ill .3D A 1 "'eet t-o the inbi!11iettiorr with t~e t·o thent:A
N B2.30'3S" W, illong ~e-'d 5Dutr rllJht·o~-'tta~ line of 4 !i-Lrect 2B.l2 w l:hE! POlNf OF BFt'llNNTNG.
t;o1talr.lng 3,181 SQU;)ilfil FQet or 1~·1d. more or less.
TOGETiiERWJTH
A n~r.:P-<1 of l;mt;l Ytl'llc::h Is boundad on Lhw 'Jurlh by Lh11 sc:Jutharly li,.,. of 11forerr.e11ioned LOt 7, Block 41:t
cx~end~d wc&terly aeros.! Jndl~n Creek Drive tn lrdl11n C..-..f!lr, bo~nder:l on the South by Ulc northerly fine af
alcramantiorec Lot 13, B'ock 3S RrlP.1dP.-d WP.t;1f("rly AC'OSS lndlilln Creek [lrlve to Inlli11r C·eek., bounded on
the Ent by the West rlght-or-w~ty li'le af State RDad AlA Undlan Creole: DriV.:!{, i1no bcunded on the WE!st by
l1dia-. C•eelc, al'\d being more pl)r~lcufarly Ci~M~crlb.ad o.~ fOII~~·m
COMME~C:E &t afo't:Snill POJNr "A'': thenra Ill P.2"30'35" W, along the w~sterly proiJJny,.liDn of the s~uth
righl-uf ... ¥aV Una of 4lrd Str~. a tiL~nr:P nf i I}!;J.IJIJ *'"' to ttl<> lrtC!rsc:ctlon w th the We!il rlght-of·Wii'Y li1e
o'" $tat$ l!.uad AlA Hf\dlan ("UK Oti~l. as shcvm on aforesaid Right llf W~y l.'lilp, 5aid point bP.ina the POillll
OF at:GlNNlN.$ ilf th~t fo!!tlwlng o~crlbc:d ptm::cl af lond:
"Thence c:anlinL.e N 82~30'35" W 12.47 faet: thoenca N <.14•21'06" 1: W.OY f~et to tl'~ intersection with
tt-.. west:arly ~rclangatign ot the Norttt rl<:dll or "'a'l lint or 4Jnl 5Lrct:IJ lltt:l'll'!t: s l!l2l!Q•3s• E. along !lol!o[O
we5ottrly prolc.rgat.lol't of said ....,.,Y line, 34.30 reel to !:he interse!:1:ion with ttl~ aforuald \o'u'tst
r1gl't•Of•IAIIY I nE: or Sta:e RO"ei A amn Creek Drive); them:e S 04.'"40'Qg" W, ahmq S:i\lld \'V~St r'l!lhl·ur-woily
llfle ar st.:.:e .fi.Oi)tl AlA, ill ttlsl:am;e of HMiO feet; thenc;e s 07~27'2tlu W ~;a.~ 'k!ct to' tM POINT or
BEG!NNINIJ..
r:ontalnlng 1,68~ Sql.iUCo FGet ot 1~11d. mare ur less.
Containing D totll oi!H1!B C"lf .,.af:l.q Squ~re feoe<t or land. more or ~55.
THIS IS NOT A SURVEY
••
This clocumnnt C:OI'IIS.iit.' of thl"ll!e (3~ sheets'
ond ,,,II not be consld~relJ t.all, vdlid,
and c.ornl)l~"" url~;~1111o ~ac,, :Sheet Is at:tache.:.
to the atller,
FLOAlDA DEP'ARTI\III!NT 01" TRANSPORTATION
SKETCH TO ACCOMPANY LEGAL DESCRIPTJON
'"'" ...... ,
II'I!'Yr n1;no f,T f
F.P, IJQ. 427!i\l:i-jj
4 of 6
261
MJJJ.N[.lJ.6.DE COUNtY
ET 2.0F" l
N Ul I 0') 0 H> N 0\ . I 1 ~~l "N OA -· ~ I 1.1.1 w ~ u ~ I ~ ~ ~ I --· I~ I~ l~ Ul lu.J ~ I . ,.... 1§ 76" -----_...,.. Lil w <~ -it c:o. Plio! ""Ujo Ou.l a:." lJJU I-:~ ~! illo 1! '1/5 01•27•2B• W 32.01' • < Jfl5.&8' f:::·~:·w BEGINNING I N 82"30'3S" w I 32.471 T'li:i dDcument <:OI'!>Isti a.f :1-ri!e (3) ~he!l'l:io <~ml I .. $0' :shall 'lnt be r.tlll$1dere-d t\IIL .rill d, and mmpll!te u nh!liS ech she~t is :att:lclled to the oUoP.r. THJS lS NOT A SURVEY Fl.OP.lDA DEPAFITr.tENT OF TRANSPORTATION SKETCH TO ACCOMPANY11------1 LEGAL DESCRlPTION EXHIBIT .. A .. .AMENDEI> rLA.T Of ll1E OCEA.rt FRONT Plt.OJtEI\iY OF THE NUANl BEACH JHPR.OVI:MI:NT CO~PANY P.B • .S, PG. 8 6LOCKI40 7 s 5 32"10'35" E 18.521 s 07 .. 291'25" w I N Ol'•2!3'Z5" E lC.59' 11.88' 'I!,. , EXIST. tiomlt1 Blfl U!\IE SURVEY PER PNC:: OJECT .,::Z75C5-2., DATED OSJOa/2012 ~<iii :r -~ . ...:z ii:! ~~ ii:l~ ~; w ~::l 3: OII(...J ..... o Iii. Ul~ ...... !i( U) w -30' --'""""! imf""', """""","""'sOiii'k"itw".,...,l.l!IE"""""",...._J..,,-o.,~,•,.,:Pr {PER RJW MAP S.J\, AJA PROJECT NO. 2~747·1) atoeK 3a STA.l(!+30.0 1 25.0Q'R.T (43RD ST.) 12 Jl 120 • N EA.MI-DADE COUNTY ~u....t.m =~ =ta:=..t IJ:Irlll&.l ~ F.P. NC. 427~05-2 3 Qf J
This instrument prepared by,
or under the direction of,
Alicia Trujillo, Esq.
District Six Chief Counsel
State of Florida
Department of Transportation
lOOON.W. lllt!i Avenue
Miami, Florida 33172
October 8, 2012-NE
Parcel No. : 800.1
Item/Segment No. : 427505-2
Managing District : 6
RESOLUTION
ON MOTION of Commissioner
------~-----'' the following Resolution was adopted:
seconded by Commissioner
WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. A-l-
A, Item No. 427505-2, in Miami-Dade County, Florida: and
WHEREAS, it is necessary that an easement across certain lands now owned by The City of ____ ,, Florida, be
acquired by the State of Florida Department of Transportation: 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 ofFlorida
Department of Transportation for the purpose of constructing and maintaining a Drainage Pump Station, and said request
having been duly considered.
NOW THEREFORE, BE IT RESOLVED by the Board of City Commissioners of The City of Miami 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, 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.
STATE OF FLORIDA
COUN1Y OF MIAMI-DAB
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)
Its Chair (or Vice-Chair)
The Board of City of Miami Beach, Florida,
By its Board of City Commissioners
By:
(Address)
6 of 6
263
57lHl30-12
RIGHTOFWAY
RICKSOOTI
GOVIRN<m'
Florida Department of Transportati(Jn
1000 :lim' 111 Avenue ANANTH PRASAD, P.E.
0!1/99
Miami, FL. 33172 SECRETARY
Donation of Property to the.Fiorlda Department of Transportation
Fred Beckman, P.E.
The City OfMiami Beach
Public Works Department
1700 Convention Center Drive
.Miami; Beach, Florida .33139
ITEM/SEGMENT NO.: 4275052
MANAGING DISTRICT: ...:;S::;..;IX~;;;.;;;;;...-------'"""'-__,_
F.A.P. NO.: . • ;..;N/:.:..A::............ _________ _
STATE; ROAD NO.:. A1A (Indian Creek Drive)
COUNTY~ MIAMi~DAOE
PARCEL NO.:· 800 --------------------------INTEREST CONVEYED: PERPETUAL EASEMENT
This is to advise that the undersigned, as owner of the property oi' property interest referenced above and as shown on
.Right of Way maps for referenced project, desires to make a·voluntary donation 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 acknowledges that he/she has been fully advised by a Department representative of his/her rig.ht
to have the.referenoed property or property interest a rai~ed. lo accompany the appraiser during the appraisal
Inspection of the property, to receive full for the above referenced property, -an'd to ·receive reimbursement
fo{ reasonable fees.and costs il'lcurred, If any. H been fully.lnformed of the above rights, I hereby waive those rights
unless otherwise noted below.
Owner's Sfgnature
Type or Print Property Owner's Name
Street Address
City, State, Zip Code
Date
www.dot.state.tl.us
264
SR AlA/Collins Avenue/Indian Creek Drive along 43 Street
Project Identification Numbers: 427505-1 and 427505-2
The Florida Department ofTransportation (FOOT) District Six is developing the design for a roadway project along
SR AlA/Indian Creek Drive and a drainage improvement project on SR AlNCollins Avenue/Indian Creek Drive
along 43 Street, in the City of Miami Beach, Miami-Dade County.
SR AWindlan Creek Dr!ve from 4Z Sqeet to 44 Street
Proiect ldentificaSlon Number; 427505-1
• Repaving and restriping the road
• Repairing sidewalks, curbs and gutters
• Upgradin& pedestrian ramps to comply with current standards
• Installing new traffic signs
• Installing shared-lane bicycle markings (Sharrows) along
SR AlA/Indian Creek Drive
• Eliminating parking spaces along SR AlA/Indian Creek Drive
to reduce line of sight obstructions
• Installing slgnage at the 43 Street approach to restrict left turns
at certain times from 43 Street to southbound
SR.AlA/Indlan Creek Drive
• Relocating two palm trees as a result of the median upgrades
SR AW<:piUns Ayenue/Jndlan Creek Drive along 43 5treet
Pr9iect lthmtlflcatlon Numblr; 427505-2
• Upgrading storm water drainage systems
• Installing a pump station near SR AlA/Indian Creek
Drive
• Adding a polh1tlon control structure to the drainage
system to protect water quality
• Relocating palm trees along SR AlA/Indian Creek Drive
PUBLIC MEETING NOTICE
PROJECT DATES
Construction Is expected to begin in March 2014 and last about 12
months.
ESTIMATED CONSJBUCTION CQSI
$1.2 million
PQSS!BLE EFFECTS DURING CONSTRUCTION
Temporary road closures, detours and interruption of traffic flow
during construction of the roadway upgrades. Access to and from
adjacent neighbomoods and businesses will be maintained during
construction. The detour route will be clearly tndicated with
directional signs.
MAINTENaNCE Of TRAFFIC
Work will be done in phases to reduce effects of construction on the
community. Driveways and entrances to homes and businesses will
stay open. Any driveway work will be coordinated with each
property owner and done at a mutually convenient time.
In order to offer you the opportunity to review the projects' design and answer your questions, we invite you to join us:
TIME AND DATE
PLACE
6 p.m. to 8 p.m., Tuesday, September 11, 2012
St. Patrick Parish School, Barry Hall, Room 1
3700 N Meridian Avenue, Miami Beach, FL 33140
The meeting will follow an informal format allowing the public to arrive at any time from 6 p.m. to 8 p.m. Graphic displays will be shown
and FOOT representatives will be available to discuss the project and answer questions. Your participation is encouraged and will give us
the opportunity to listen to your comments and address any concerns that you may have.
Public participation at this meeting is solidted without regard to race, color, natiar.~al origin, age, gender, religion, disability or family status. Persons who
require special accommodations under the American with Disabilities Act of 1990 or persons who require translation seNices (free of charge) should
contact;. at least seven days prior to the meeting, Brian Rick at {305) 470.5349 or in writing at FDOT 1000 NW 111 Avenue, Miami, FL 33172 or by email at:
brian.rick@dot.state.f/.us.
FOR MOR£ INFORMATION • If you ha11e any questions or comments, plea~e contact FOOT Public lnfor·mation Specialist Amparn Vargas by te-lephone at (305) 470·5439 or bv
email at amparo .vargas@dot.state.fl.u~. Pleo~se let us know how you prefer to receive informo~tion about future projects (mail, email, or other).
Your comments are important to us. Please visit our website: www.fdotmlamldade.com. Thank you for your partldpati~!'·
Follow us on Twitter @MyFDOT_Miami
ISC/A.V ~l. Rev. 5/23/MU 1000 fllW 111 A~, Ml<lml, FL 33172
265
~:
~ _I;:JL..,.diiil"'~
"
266
43rd St. Facing West-toward location of proposed pump station
267
Indian Creek, just north of 43rd street, facing west
268
Corner of 43rd street & Indian Creek, facing east
269
Corner of 43rd street & Indian Creek Drive, facing east
270
N ....... ~ >< l!.J ~ ~ ~ ....._...... -Feer 14 ~=c;;;;;;;;;;;;;;;;;= ,,-,= ~ ~ g ~ ~ "' ~ ::; ~ e ~ ~ ~ ~ w " § ffi ~ ::; ~ ~~