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2001-24263 RESO RESOLUTION NO. 2001-24263 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A CONSENT TO EASEMENT AGREEMENT, WITH THE UNITED STATES ARMY CORP OF ENGINEERS, ALLOWING INFRASTRUCTURE IMPROVEMENTS ON A PORTION OF LAND TRACT 102E, WHICH CORRESPONDS TO SOUTH POINT PARK AND TO A RIGHT OF WAY INTO THE PARK, AND WHICH IS MORE PARTICULARLY DESCRIBED IN EXHIBIT A, FOR THE PURPOSE OF FACILITATING THE SOUTH POINTE STREETSCAPE PROJECT. WHEREAS, on November 9, 1984, the City entered into Contract No. DACW17-9-85-4, a consent to easement agreement with the United States Government's Army Corps of Engineers for Land Tract 102E, corresponding to South Point Park and including a right of way to the Park; and. WHEREAS, the City of Miami Beach, through the Miami Beach Redevelopment Agency, has appropriated $28 Million in South Pointe Tax Increment Funds for the South Pointe Streetscape, a five phase capital right of way project; and WHEREAS, the scope of the South Pointe Streetscape includes infrastructure improvements that affect South Pointe Park and the right of way, and thus requires the additional consent of the Army Corps of Engineers; and WHEREAS, through Consent Agreement No DACW17-9-01-0023 , attached as Exhibit A, the Army Corps of Engineers will allow the City of Miami Beach to construct, use, maintain, repair and remove a concrete walkway, plaza and fixtures on the above mentioned land; NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, authorize the City Manager, or his designee, to execute a Consent Easement Agreement, with the United State Army Corps of Engineers, allowing infrastructure improvements to a portion of Land Tract 102E, which corresponds to South Point Park and to a right of way into the Park, and which is more particularly described in Exhibit A, for the purpose offacilitating the South Pointe Streetscape Project. APPROVED AND ADOPTED THIS ,,- DAY OF FEil' 2001. ATTEST: MAYO\PPROVED AS, J Y7 /l }- () /;, All . FORM & LANGUAGE ~U 1~ & FOR EXECUTION CITY CLERK I//; r L~.~l c eY~' CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139 http:\\ci.miami-beach.f1.us COMMISSION MEMORANDUM NO. 1(9...()! TO: Mayor Neisen O. Kasdin and Members of the City Commission DATE: February 21, 2001 SUBJECT: Jorge M. Gonzalez ~A~ City Manager V" - \.) A RESOLUTION 0 TIlE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A CONSENT TO EASEMENT AGREEMENT, WITH TIlE UNITED STATES ARMY CORP OF ENGINEERS, ALLOWING INFRASTRUCTURE IMPROVEMENTS ON A PORTION OF LAND TRACT 102E, WHICH CORRESPONDS TO SOUTH POINT PARK AND TO A RIGHT OF WAY INTO THE PARK, AND WHICH IS MORE PARTICULARLY DESCRIBED IN EXHIBIT A, FOR THE PURPOSE OF FACILITATING THE SOUTH POINTE STREETSCAPE PROJECT. FROM: ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS On November 9, 1984, the City entered into Contract No. DACW17-9-85-4, a consent to easement agreement with the Army Corps of Engineers. This contract granted the City use of Land Tract 102E, which corresponds to South Point Park and to a fifty foot access easement into the Park. Jnfras1ructure improvements detailed in Phase I of the Washington Avenue Streetscape will affect permanent items within the boundary of this right of way easement. These improvements include straightening W ashington Avenue as it enters South Point Park and upgrading the existing walkway and fixtures. These type of capital activities within the easement area must be sanctioned by the Army Corp of Engineers. Consequently, Consentto Easement Agreement No. DACW17-9-01-0023, attached as Exhibit A, was sought. This agreement details the nature of the above mentioned capital project activities and releases the United States Government from any liability whatsoever concerning the construction, maintenance and use of the project. The agreement also requires the City to abide by standard building procedures. JMG/Cifc~ AGENDA ITEM e-7I' DATE J,-J.(-Ol \\CH2\SYS\DDHP\SAtL\KIUlOY\AGENDA\FE82101\SPOINTE EASEMENTMEMO,DQC ~ <0. DEPARTMENT OF THE ARMY CONSENT TO EASEMENT TO USE CORPS OF ENGINEERS RIGHT-OF-WAY Consent No. DACW17-9-0l-0023 Project: Miami Beach Engineer Sub-Office, Dade County, Florida Tract No. 102E THIS CONSENT TO EASEMENT AGREEMENT, made by and between the UNITED STATES OF AMERICA, DEPARTMENT OF THE ARMY, hereinafter referred to as the "Government", acting by and through the Chief, Real Estate Division, U.S. Army Corps of Engineers, Jacksonville District, hereinafter referred to as "said officer," and the City of Miami Beach, Florida, hereinafter referred to as the "Grantee": WHEREAS, the Government has acquired a right-of-way easement oVer the above-numbered tract of land, which easement, by its terms, reserVeS to the Government, in perpetuity, the right to use said easement for the construction, improvement, and maintenance of the Miami Beach Engineer SUb-Office, Dade County, Florida; and WHEREAS, the Grantee has requested permission to construct, use, maintain, repair and remove a concrete walkway, plaza consisting of a flat concrete slab and light fixtures in, on, across, over, and under a portion of the lands identified as Tract No. 102E, section 10, Township 54 South, Range 42 East, Dade County, Florida. The area comprising 0.11 of an acre, more or less, is shown in red on Exhibit "A" attached hereto and made a part hereof. NOW THEREFORE, this consent is granted and accepted under the following conditions: 1. That it is understood that this consent is effective only insofar as the property rights of the Government in the land to be occupied are concerned, and that it does not relieve the Grantee from the necessity of Obtaining grants from the owners of the fee and/or other interests, therein, nor does it obviate the require- ment that the Grantee. obtain State or local assent required by law for the activity authorized herein. 2. That any proposed improvements or use not be commenced until appropriate rights by the Grantee from the record owners and title to the lands involved, or until the Federal, State, or local permits required authorized herein shall shall have been obtained encumbrancers of the fee Grantee has obtained all by law. '-~ -;-:0 ;-;1 =-~ ;'0 -. , J J:.> fT1 (/-, ~ -c- , , ':~-":"'::'f,:':'!::.,' ".,.:r'/'~~""'!;':' "~~(4',,, ':' \ " _, . J. That the proposed improvements or use ~uthorized herein shall be consistent with the terms and conditions of this consent; and that any improvements or use not specifically identifled and authorized shall constitute a violation of the terms and conditions of this consent which may result in a revocation of this consent and in the institution of such legal proceedings as the Government may consider appropriate, whether or not this consent has been revoked or modified. 4. That the exercise of the privileges hereby consented to shall be without cost or expense to the Government and under the super- vision of and subject to the approval of the said officer having immediate jurisdiction over the property and subject to such regulations as he may from time to time prescribe, including, but not limited to, the specific conditions, requirements, and specifications set forth in paragraph 14 below. 5. That the Grantee shall supervise and maintain the said improvements and cause it to be inspected at reasonable interval, and shall immediately repair any damage found therein as a result of such inspection, or when requested by said officer to repair any defects. Upon completion of the installation of said improvemenls or the making of any repairs thereto, the premises shall be restored immediately by the Grantee, at the Grantee's own expense, to the same condition as that in which they existed prior to the commencement of such work, to the satisfaction of said officer. 6. That any property of the Government damaged or destroyed by the Grantee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the Grantee to the satisfaction of the said officer, or in lieu of such repair or replacement, the Grante~ shall, if so required by said officer ard at his option, pay to the Government an amount sufficient to compensate for the loss sustained by the Government by reason of damage to or destruction of Government property. 7. That the Government shall not be responsible for damages to the property or injuries to persons which may arise from or be incidEnt to the exercise of the privileges herein granted, or for damages co the property of the Grantee, or for damages to the property or injuries to the person of the Grantee, or the persons of Grantee's officers, agents, servants, or employees, or others who may be o~ said premises at the invitation of the Grantee or the invitation of one of them, arising from Governmental activities on or in the vicinity of the said premises, and the Gcantee shall hold the Government harmless from any and all claims. Not withstanding this Paragraph 7, nothing herein is intended to serve as a waiver of sovereign immunity by Grantee, as a state agency or subdivision, as defined in Section 768.28, Florida Statutes. 8: That,the Government shall in no case be liable for any damagE, elther hldden or known, to any improvements herein authorized which may be caused by any action of the Government under the rights obtained in its easements, or that may result' from the future operations undertaken by the Government, and no claim or right tc 2 compensation shall accrue from such damage, and if further operations of the Government require the alteration or removal of any improvements herein authorized, the Grantee shall, upon due notice, from said officer, alter or remove said improvements without expense to the Government and subject to the supervision and approval of the said officer and no claim for damages shall be made against the Government on account of such alterations or removal. 9. That construction and/or operation, maintenance, and use of any improvements incident to the exercise of the privileges herein granted shall be in such a manner a:: not to conflict with the rights of the Government, nor to interfere with the operations by the Government under such rights nOI' to endanger lives and safety of the public. 10. That this consent may be terminated by the Government or said officer upon reasonable notice to the Grantee if the Government or said officer shall determine that al'Y improvements or use to which consent is herein granted interferes with the use of said land or any part thereof by the Government, and this consent may be annulled and forfeited by the declaration of the Government or said officer for failure to comply with any or all of the provisions and conditions of this consent, or for nonuse for a period of two (2) years, or for abandonment. 11. That upon relinquishment, termination, revocation, forfeiture, or annulment of this consent, the Grantee shall vacate the premises, remove all property of the Grantee therefrom, and restore the premises to a condition satisfactory to the said officer. If the Grantee shall fail or neglect to remove the said property and so restore the premises, then at the option of the Government or said officer, the said property shall either become the property of the Government without compensation therefor, or the Government or said officer, may cause it to be removed, and the premises to be so restored at the expense of the Grantee, and no claim for damages against the Government, or its offic:er or agents, shall be created by or made on account of such removill and restoration. 12. That the Grantee within the limits of his respective legal powers shall comply with all Federal, interstate, State, and/or local governmental regulations, conditions, or instructions for the protection of the environment and all other matters as they relate to real property interests granted herein. 13. That the Grantee shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archeological, architectural, or other cultural artifacts, relics, vestiges, remains, or objects of antiquity. In the event such items are discovered on the premises, the Grantee shall immediately notify the District Engineer, Jacksonville District, Post Office Box 4970, Jacksonville, Florida ]22]2-0019, and the site and the material 3 shall be protected by the Grantee from further disturbance until a professional examination of them can be made or until a clearance to proceed is authorized by the DLstrict Engineer. 14. That construction shall be in accordance with the drawings attached hereto and made a part h'~reof as Exhibit "B. 15. That this consent may not be transferred to a third party without the prior written notice to the Chief, Real Estate Division, u.s. Army corps of Engineers, Jacksonville District, Post Office Box 4970, Jacksonville, Florida 32232-0019, and by the transferee's written agreement to comply with and be bound by all the terms and conditions of this consent. In addition, if the Grantee transfers the improvement, authorized herein by conveyance of realty, the deed shall referen,~e this consent and the terms and conditions herein and the consent shall be recorded along with the deed in the Registrar of Deeds or with other appropriate official. This consent is not subject to Title 10, United States Code, section 2662. IN WITNESS WHEREOF, I have h,~reu,l)to set my hand, by authority of the Secretary of the Army, thi" kflo- day of /'-1.4f!2.I!./f ~,,;(t?t' I, STATES OF AM RICA By: BART J. L ChLef, Re I Estate Division U.s. Army Engineer District Jacksonville, Florida AGRBED TO AND ACCEPTED CIT'{ OF MIAMI BEACH, FLORIDA By: \L~ ~ JOrJ:rM~ Qonzalez City Manager Name and Title) ATTEST: -L.:.~yped ~ ~ ~O~_ &LANGU_ By: I.)),)f ~EXECUTtCII .;V . . l~t .... , / .' i'~ /' :~; t~i i'\": , ,~.:. .." . ~ . / ",// // "~~ :f"'1 , " \ , v/ / / / ,'/' ~. I .. .", ,.-:-... ...\-..=-- . .,.....",. ~:\..*( --'Ii . "'H .. ........'\.... A ..... \..... .... ~....- ...z , ... ". ~ ,:,,:;. , .. ' :> {:. 'i~., .,\\It'.,.... {~. \; "';~" " .,,~, .<1; /, ":';;.~t:~7~ . .'\',...;, :. Ii 4'i 'r -0'" .Itl.~ " O"C\J ~a> Nil') <Ii , , ...J~~ c.().'\ ,,'t~. ~\c; ,,,~'f,. ....~.'!).' ~'t'\'. Co \0 , r;,'f, . y>()' ~. ~ "<D N~ - " ~:I t- ,ul .... ........ Os'Od'W.(Mec) 32.34' , .S.E.D. STA. 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