98-22774 RESO
RESOLUTION NO. 98-22774
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE HOLD HARMLESS AGREEMENTS REQUIRED
IN CONJUNCTION WITH THE CITY OF MIAMI BEACH'S
AFFIDAVITS OF OWNERSHIP TO OBTAIN A CLASS I
COASTAL CONSTRUCTION PERMIT FROM MIAMI-DADE
COUNTY FOR THE FLORIDA DEP ARTMENT OF
TRANSPORTATION'S PROJECT TO REPLACE THE
CLEVELAND AND DA YTONIA ROAD BRIDGES OVER THE
BISCA YNE POINT CANAL.
WHEREAS, the Cleveland and Daytonia Road bridges over the Biscayne Point Canal are
in the process of being replaced by the Florida Department of Transportation (FDOT) due to their
structurally deficient condition; and
WHEREAS, the bridge replacement work requires a Class I Coastal Construction Permit
from Miami-Dade County and, as a prerequisite to obtaining said permit, an Affidavit of Ownership
and Hold Harmless Agreement are required to be executed by the City of Miami Beach as a holder
of an interest in the area where the work is to be performed,
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk
are hereby authorized to execute the Hold Harmless Agreement required in conjunction with the City
of Miami Beach's Affidavit of Ownership to obtain a Class I Coastal Construction Permit from
Miami-Dade County for FDOT's replacement of the Cleveland and Daytonia Road bridges over the
Biscayne Point Canal.
PASSED and ADOPTED this 17th day of
ije
,
,1998,
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~W;l:t f~~
CITY CLERK
F:'WORK $:\!J ,(' :\:-<DID,-\ \"1()AR CLElH \' ,BRI
Idbfl.
/' (/" -;,-' i ho_,._
ity Attorney
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ate
:;ITY OF MIAMI BEACH
:ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
COMMISSION MEMORANDUM No.3l3 -q 8
TO:
Mayor Neisen 0, Kasdin and
Members of the City Co mission
DATE: June 17, 1998
FROM:
Sergio Rodriguez
City Manager
.
SUBJECT: A RESOLD I OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE THE HOLD HARMLESS AGREEMENTS
EXECUTED IN CONJUNCTION WITH THE AFFIDA VITS OF
OWNERSHIP TO OBTAIN A CLASS I COASTAL CONSTRUCTION
PERMIT FROM MIAMI-DADE COUNTY FOR THE REPLACEMENT OF
,. CLEVItLAND AND DA YTONIA ROAD BRIDGES OVER BISCA YNE
POINT CANAL
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution,
BACKGROUND:
The Florida Department of Transportation (FDOT) will be replacing Cleveland and Daytonia Road
bridges because of their structurally deficient condition, All construction over water within the Bay
area requires a Class I Coastal construction permit issued by Miami-Dade County, and as part of the
permitting process, Miami-Dade County requires a Hold Harmless Agreement to be provided by the
City of Miami Beach as the holder of an interest in the area where the work is to be performed,
CONCLUSION:
The Mayor and City Commission should approve the Resolution authorizing the Mayor and City
Clerk to execute the Affidavits of Ownership and Hold Harmless Agreements required to obtain a
Class I Coastal Construction permit from Miami-Dade County for the construction of the Cleveland
and Da tonia Road bridges over Biscayne Point Canal by the FDOT.
.\~
SR\HM\J P\MA\A V\ch
AGENDA ITEM
C-l K
~-IJ-CJ8
DATE
AFFIDAVIT OF OWNERSHIP
AND HOLD HARMLESS AGREEMENT
PERSONALL Y APPEARED BEFORE ME, Julio Grave de Peralta, Director of Public Works of
the City of Miami Beach, the undersigned authority, and hereby affirms as follows:
1, That the City of Miami Beach holds an interest in those areas designated and more fully
described as follows:
Daytonia Road bridge
Commence at the intersection of the centerlines of South Biscayne
Point (now Daytonia Road) and Henedon Avenue, as shown in
BISCA YNE POINT ISLAND, recorded in Plat Book 14, at Page 35,
Public Records of Miami Dade County, Florida; thence westerly,
along the centerline of South Biscayne Point (now Daytonia Road)
for a distance of 1806,28 feet to the POINT OF BEGINNING; thence
continue westerly, 25,00 feet (measured at right angles) north and
south of the centerline of said South Biscayne Point (now Daytonia
Road) for a distance of 97.44 feet to the westerly boundary of the
strip of land herein described, Said land located, lying and being in
Section 3, Township 53 South, Range 42 East, City of Miami Beach,
County of Miami-Dade, Florida, and containing 4,872 square feet
more or less or 0,1118 acres more or less,
2, That the above-referenced areas are the subject matter of the Application to be submitted by
the Florida Department of Transportation for a Class I Coastal Construction Permit under and
pursuant to Section 24-58 of the Code of Metropolitan Dade County to construct or engage in the
following activity:
Daytonia bridge replacement over the Biscayne Point Canal.
3, That your affiant hereby affirms the City of Miami Beach's interest in the above-noted areas
necessary for the work noted in Paragraph Two above and, subject to the limitation set forth in
Section 768,28, Florida Statutes, the City of Miami Beach hereby agrees to defend same and hold
Miami Dade County harmless for any and all liability, claims and damages of any nature occurring,
incurred or arising as a result of the City of Miami Beach not having the above-stated interest in the
aforestated areas,
fJ/ .;(2-
(I'. ~.~. z_
Ju~ve de Peralta
Director of Public Works
City of Miami Beach
STATE OF FLORIDA
)
) SS
)
COUNTY OF DADE
( The ~oregoing instrument was, acknowledged b~re. n:e this (~ ~ day of
d:o~~' , 1998, by -==r-t..Jl,Ci ~AR/.L ~t.L~{dJ..~ , who IS person~lly
1m e or who has produced as identification,
~i ~~ .i>&A'AJ7JJ~{}-
A'R~ / . rtt~, sf ATE OF FLORI A
MY COMMISSION EXPIRES:
/;/If '0/\)
PRINT NAME
Z0, )/.; ~
U(.11 { C/1rt /.4
OFFJCIALNarARYSEAL
ULLlAN BEAUCHAMP
NOTARY PUBLIC Sf ATE OF RORIDA
COMMISSION NO, CC738372
MY COMMISSION EX?, APR, 29,2002
NEISEN O~' MAYOR
CITY OF MIAMI BEACH
ATTEST:
066 i1cL-/
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
CITY CLERK
F.\ WORK\$ALL \C ANDmA\MA VROGEN\DA YTONIAAFF
;'l~ JfildL
itv Attorney
~
AFFIDAVIT OF OWNERSHIP
AND HOLD HARMLESS AGREEMENT
PERSONALL Y APPEARED BEFORE ME, Julio Grave de Peralta, Director of Public Works of
the City of Miami Beach, the undersigned authority, and hereby affirms as follows:
1, That the City of Miami Beach holds an interest in those areas designated and more fully
described as follows:
Cleveland Road bridge
Commence at the intersection of the centerlines of North Biscayne
Point (now Cleveland Road) and Henedon Avenue, as shown in
BISCA YNE POINT ISLAND, recorded in Plat Book 14, at Page 35,
Public Records of Miami-Dade County, Florida; thence westerly,
along the centerline of North Biscayne Point (now Cleveland Road)
for a distance of 1806.28 feet to the POINT OF BEGINNING; thence
continue westerly, 25,00 feet (measured at right angles) north and
south of the centerline of said North Biscayne Point (now Cleveland
Road) for a distance of 97.44 feet to the westerly boundary of the
strip of land herein described, Said land located, lying and being in
Section 3, Township 53 South, Range 42 East, City of Miami Beach,
County of Miami-Dade, Florida, and containing 4,872 square feet
more or less or 0,1118 acres more or less,
2, That the above-referenced areas are the subject matter of the Application to be submitted by
the Florida Department of Transportation for a Class I Coastal Construction Permit under and
pursuant to Section 24-58 of the Code of Metropolitan Dade County to construct or engage in the
following activity:
Cleveland Road bridge replacement over the Biscayne Point Canal.
3, That your affiant hereby affirms the City of Miami Beach's interest in the above-noted areas
necessary for the work noted in Paragraph 2 above and, subject to the limitation set forth in Section
768,28, Florida Statutes, the City of Miami Beach hereby agrees to defend same and hold Miami-
Dade County harmless for any and all liability, claims and damages of any nature occurring, incurred
or arising as a result of the City of Miami Beach not having the above-stated interest in the
aforestated areas,
.~L&'.~ (lL
Julio Grave de Peralta
Director of Public Works
City of Miami Beach
STATE OF FLORIDA )
) SS
COUNTY OF DADE )
~The foregoing instrument. was acknowledged befofn me this cX'5+0. day of
_~ , 1998, by .---r;{.k ~0 J.L f'iL~, who 15 personally
k n to me or wh~ ha.3 pIodt10sa as identification,
MY COMMISSION EXPIRES:
L 1/1'0;0 'be (J()('/J{/IYljC)
PRINT NAME I
OFFICIAL NOTARY SEAL
LILLIAN BEAUCHAMP
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO CC73837L
MY COMMISSION EXp, API{, 29.20l~?:..o
NEISEN O. KA~MA YOR
CITY OF MIAMI BEACH
ATTEST:
~r fcudJR
APPROVED AS TO
fORM & LANGUAGE
& FOR EXECUTION
F:\ WORK\$ALL\C ANDIDA\MA VROGEN\CLEVELAN, AFF
'1Jb t42uJ1.
;,y' ftomey
hi / Irlf
T Date