2001-24314 RESO
RESOLUTION NO. 2001~24314
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A SHORT-TERM LEASE AGREEMENT
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)
FOR THE UTILIZATION OF THE EXISTING HARD PACK AREA,
SEAWARD OF THE PUBLIC PARKING LOT AT 3501 COLLINS AVENUE,
FOR THE TEMPORARY PLACEMENT OF TWO TRAILERS THAT WILL
SERVE AS OFFICES FOR CONSTRUCTION ADMINISTRATION AND
PUBLIC INVOLVEMENT PROGRAM PURPOSES OF THE COLLINS
A VENUE RECONSTRUCTION PROJECT, FROM LINCOLN ROAD TO
26TH STREET.
WHEREAS, the Florida Department of Transportation (FDOT) has scheduled a roadway
reconstruction project for Collins A venue, from Lincoln Road to 26th Street, which will be
implemented in two phase, between April 2001, and October 2002 (the Project); and
WHEREAS, under provisions of the Project, FDOT is required to provide office space for
the construction administrators and public involvement prograrn consultants; and
WHEREAS, after considering several City-owned sites, the hard-pack area seaward of the
public parking lot at 3501 Collins Avenue, has been selected as the best available location; and
WHEREAS, FDOT wishes to place two (2) office trailers at the site, in advance of the
Project's inception date of April 16, 2001; and
WHEREAS, FDOT is required to execute a eleven-month Lease Agreement with the City
for the purpose.
NOW, THEREFORE, BE IT 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 attached Short-Term Lease Agreement with the Florida
Department of Transportation (FDOT) for the utilization of the existing hard-pack area, seaward of
the public parking lot at 3501 Collins Avenue, for the temporary placement of two trailers that will
serve as offices for construction administration and public involvement program purposes of the
Collins A venue reconstruction project, from Lincoln Road to 26th Street.
PASSED AND APPROVED this the 28th day of
March
, 2001.
ATTEST:
~6' f~
ITY CLERK
~
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXl:CUTION
F,\W~Tl<":\AMIllJA'fl>CmTRAl:U'.RS.C:OL
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\cl.miami-beach.fl,us
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM NO.
Iglo-OI
Mayor Neisen O. Kasdin and
Members of the City Conunission
DATE: March 28, 2001
Jorge M. Gonzalez
City Manager
01)
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN SHORT TERM LEASE AGREEMENT
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)
FOR THE UTILIZATION OF THE EXISTING HARD PACK AREA,
SEAWARD OF THE PUBLIC PARKING LOT AT 3501 COLLINS AVENUE,
FOR THE TEMPORARY PLACEMENT OF TWO TRAILERS THAT WILL
SERVE AS OFFICES FOR CONSTRUCTION ADMINISTRATION AND
PUBLIC INVOLVEMENT PROGRAM PURPOSES OF THE COLLINS
A VENUE RECONSTRUCTION PROJECT, FROM LINCOLN ROAD TO
26TH STREET.
ADMINISTRA TION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The Florida Department of Transportation (FDOT) has scheduled a roadway reconstruction project
for Collins A venue, from Lincoln Road to 26th Street (the Project), which will be implemented in
two phases, as follows:
Phase I
Phase II
Lincoln Road to 22nd Street, from April 16 to mid December 2001; and
22nd to 26th Streets, from April to October 2002.
Under provisions of the Project, FDOT is required to provide office space for construction
administration and public involvement program purposes. After considering the pros and cons of
different nearby sites, the hard-pack area located seaward of the public parking lot at 3501 Collins
A venue, owned by the City, has been selected as the best available property to accommodate the two
(2) trailers FDOT wishes to install at the above-mentioned location,
Under provisions of this eleven-month Lease Agreement, FDOT will restore the property to its
original condition, after the temporary use has ceased. In addition, FDOT agrees to indemnify and
hold the City harmless for personal injury or property damage claims, liability, losses, etc" that may
arise from FDOT's, andlor its agents, employees, and invitee's negligence during the use and
operation of the premises as the Project's office trailer area.
AGENDA ITEM ~l E
DATE '3,-28-01
March 28, 2001
Commission Memorandurn
Lease Agreement with FDOT
Page 2
Due to the fact that the project inception date of April 16, 2001 is fast approaching, the
Administration recommends approval of the Resolution and its companion Short-Term Lease
Agreement with FDOT.
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Attachments
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SHORT -TERM LEASE AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH (CITY)
AND
THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)
FOR THE PLACEMENT OF TWO OFFICE TRAILERS ON CITY PROPERTY
FOR PURPOSES OF THE COLLINS A VENUE RECONSTRUCTION PROJECT
This Short-Term Lease Agreement (Agreement), entered into this 28th day of March
2001, by and between the CITY OF MIAMI BEACH, Florida (hereafter referred to as LESSOR
or City), and the Florida Department of Transportation, District Six (hereafter referred to as
LESSEE or FDOT).
In consideration of the premises, terms and for other good and valuable consideration, the
LESSOR and the LESSEE hereby agree as follows:
I. LESSOR leases to LESSEE that real property below (hereafter referred to as the
Premises), and as set forth in the sketch, attached as Exhibit "A" hereto:
3500 Block of CoIlins Avenue, East Side.
Legal Description: Beachfront Park (R-28) portion of Public Parking Lot
#P-16E, Lots 1-8, Block 23 (5-8) I Amnd" Miami Beach
Improvement Co's Oceanfront Property.
2. The Term of this Agreement shall be for a period of eleven-month and 28 days, said term
commencing on the date that the LESSEE first installs the two (2) office trailers and
fences-in the Premises, or April 16, 2001, whichever occurs first.
3, The Premises shall be used by LESSEE for the temporary installation of two (2) office
trailers that will be utilized respectively by FDOT and its general contractor, Central
Florida Equiprnent, and Bridge HousefCommunikatz Joint Venture, the consultants for
the public involvement program, in the performance of duties related to the
reconstruction project on SR AINColIins A venue, from Lincoln Road to 26th Street (the
Project), The Premises will be utilized 24 hours per day, seven days per week, holidays
included, solely to serve as temporary offices for construction administration and public
involvernent program personnel.
4. LESSEE's, either directly or through its Contractor, shall be responsible for securing the
Premises by placing and maintaining, at its sole cost and expense, a temporary chain-link
fence around its perirneter,
5. LESSEE shall operate within the boundaries of the Premises and shall maintain same in a
sanitary condition and in accordance with Federal, State and Local environmental agency
regulations, and the rules, regulations, ordinances and permits of the City of Miami
Beach, Miami-Dade County, and the State of Florida.
6. Noise and disruption to the immediate neighborhood shall be kept to a minimum, and
construction hours shall be limited to 8:00 a,m. to 9:00 p.m., six days a week, whenever
possible, as established by Resolution No, 2000-23917, dated May 10, 2000,
7. LESSOR shall charge LESSEE a rate for lease of the Premises, for the Term provided
herein, in the amount of one dollar ($1.00),
8, LESSEE warrants to LESSOR that LESSEE is adequately insured with regard to the
Project and the Premises. To that end, the parties acknowledge that FDOT, as an agency
of the State of Florida, is self-insured. However, Lessee herein warrants to Lessor that
the construction contract let to accomplish the Project purposes shall contain a provision
requiring all construction contractors, including but not limited to Central Florida
Equipment, to acquire and rnaintain in full force and effect throughout the term of this
Agreement, commercial general liability insurance coverage in the amount of $1,000,000
per occurrence for bodily injury and property damage, All policies shall also contain
coverage for Premises operations, and name LESSOR as additional insured. A copy of
the contractors' certificates of insurances shall be submitted to the LESSOR's Risk
Management Division prior to the commencement of work.
9. RIGHT OF ENTRY: LESSOR or any of its agents or representatives shall have the right
to enter upon the Premises during all hours during which LESSEE occupies same, to
examine the Premises and monitor the condition of same.
10. SECURITY: LESSEE shall provide its own security throughout its occupancy of the
Premises. It is expressly agreed and understood that the LESSOR shall not in any way be,
or assume responsibility for, the personal safety of LESSEE's employees, invitees,
contractors, agents, or any other person entering the Premises in conjunction with this
Agreement, as well as any equipment or personal property brought on to the premises
where there is result of loss, theft, damage, or any other type of casualty which may occur,
l1. MAINTENANCE: LESSEE, at its sole cost and expense, shall maintain (or cause to be
maintained) the Premises in a clean and orderly condition, not allowing refuse or debris to
accumulate, including but not limited to maintaining the Premises in the same condition
to which same was maintained by LESSOR prior to commencement of this Agreement.
LESSEE shall repair any damage caused as a result of its use of the Premises under this
Agreement. Failure to maintain the Premises may result in LESSOR revoking the
Agreement or providing for cleanup services and charging the costs of this service back to
the LESSEE.
2
.
12. INDEMNIFICATION: In consideration ofthe City's permission for LESSEE's and/or
its agents, employees, and/or invitees' occupancy and use of the Premises during the
terms of this Agreement, LESSEE agrees to indemnify, defend, and hold the City
harmless, to the extent of the limitations included in Florida Statute 768.28, subject to the
provision herein whereby the LESSEE shaU not be held liable to pay personal injury or
property damage claims, or judgment by anyone person which exceeds the amount of
$100,000 or any claim or portions thereof, which, when totaled with aU other claims or
judgment against LESSEE arising out of the same incident or occurrence, exceed the sum
of $200,000; from any and aU personal injury or property damage claims, liability, losses
and cause of action resulting from the LESSEE's, and/or its agents, employees and/or
invitees' negligence in its use and operation of the Premises for the purpose stated herein.
Additionally, Lessee shaU assure that any and all contractors using the Premises for the
purpose(s) provided herein, including but not limited to Central Florida Equipment and
Bridge House/Communikatz Joint Venture, shaU agree to indemnify, defend, and hold the
City harmless from any and aU personal injury or property damage claims, liability,
losses, and cause of action resulting from their use and operation of the Premises for the
purpose(s) stated herein,
However, nothing herein shaU be deemed to indemnify the City for any liability and claim
arising out of its negligence, performance, or failure of performance of the City or as a
result of the negligence of any unrelated third party; provided that nothing herein
contained shaU operate as a waiver as to third parties of either the City or the LESSEE's
sovereign immunity under Florida Statute 768.28.
13, TERMINATION FOR CONVENIENCE:
Either party to this Agreement may terminate this Agreement, with or without cause, upon
sixty (60) days written notice to the other party.
14, NOTICES:
Notices under this Agreement shall be delivered as foUows:
TO LESSOR:
Matthew Schwartz, Assistant City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
With copies to:
Murray Dubbin, City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
3
TO LESSEE:
Mario L. Cabrera, Project Manager
Florida Department of Transportation
District Six Construction
1000 NW ll1th Avenue
Miami, Florida 33172
15. This Agreement shall not be assigned without the prior written consent of both parties hereto.
16. Upon expiration or termination of the Agreement, LESSEE shall immediately surrender
possession of the Premises to the LESSOR in substantially the same condition in which
LESSEE was required to maintain same hereunder, except for damage by fire or other natural
disaster. LESSEE agrees to restore the Premises to their condition immediately preceding
the commencement of this Agreement. If, within sixty (60) days following the occurrence,
LESSEE fails to repair or replace any damage to the Premises caused by the LESSEE, its
agents, its ernployees or invitees, the LESSOR may, at its option, cause all required
renovations, maintenance, repairs or replacements to be made, and LESSEE will be charge
for all costs.
4
WHEREFORE, the parties hereto have cause their proper officers to affix their signatures
and seals on the date first set forth above.
CITY OF MIAMI BEACH I Lessor
ATTEST:
MAYO~
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CITY CLERK
FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT SIX I Lessee
ArrEST:
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APPROVED AS TO
FORM & LANGUAGe
. FOR EXECUTION
APPROVED AS TO FORM
CONTENT AND LEGALITY
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5
EXHIBIT "A"
TO LEASE AGREEMENT
3500 Block of Collins A venue, East Side
Legal Description: Beachfront Park (R-28) portion of Public Parking Lot
# P-16E, Lots 1-8, Block 23 (5-8) I Amnd,
Miami Beach Improvement Co's Oceanfront Property,
6
RESOLUTION NO. 2000-23917
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACKNOWLEDGING NEW
CONSTRUCTION HOURS FOR A ROADWAY PROJECT ON
AlA/COLLINS AVENUE, FROM LINCOLN ROAD TO 26TH STREET, AS
PROPOSED BY THE ADMINISTRATION AND THE FLORIDA
DEPARTMENT OF TRANSPORT AnON (FDOT), AND ALLOWED BY THE
MIAMI BEACH CITY CODE, CHAPTER 46., ARTICLE IV., SUBSECTIONS
46-156(2)(a) AND 46-157(8); THE NEW CONSTRUCTION HOURS BEING
FROM 8:00 A.M. TO 9:00 P.M., SIX DAYS A WEEK, FROM LATE APRIL
2001, TO EARLY JULY 2002, OR APPROXIMATELY SIXTEEN MONTHS;
AND FURTHER ENCOURAGING THE CITY AND FDOT TO KEEP THE
NOISE LEVELS DOWN FROM 8:00 A.M. TO 9:00 A.M., AND PRESCRIBE
ANY REASONABLE CONDITIONS NECESSARY TO MINIMIZE THE
POTENTIAL ADVERSE EFFECTS TO THE COMMUNITY.
WHEREAS, the Florida Department of Transportation (FDOT) has programmed a roadway
reconstruction project for AlA/Collins Avenue, from Lincoln Road to 26th Street, beginning in late
April 2001, and ending in early July 2002 (Project); and
WHEREAS, the Project has been divided into two segments to guarantee that construction
is completed within the first segment, the hotel area from Lincoln Road to 23rd Street, prior to the
tourist season or no later than early December 2001; and
WHEREAS, in negotiations with FDOT, the Administration was able to reduce the
construction timeline from the original 2,5 years to the above-mentioned sixteen (I 6) months, but
only if longer construction hours are permitted for this Project; and
WHEREAS, Chapter 46. "Environment," Article IV. "Noise," Section 46-156 "Temporary
Permits," and Section 46-157 "Exemptions," Sub-Section (8) allow for certain "activities of a
temporary duration" to be exempted, administratively, from the regular construction hours
established by Sub-Section 46-156(2)(a) " Construction Hours," of the CityCode; and
WHEREAS, both the Administration and FDOT are proposing new construction hours for
the Project and, although not required by the City Code, wish to have them acknowledged by the
Mayor and City Commission,
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 acknowledge new construction hours for a roadway project on A1NCollins
Avenue, from Lincoln Road to 26th Street, as proposed by the Administration and the Florida
Department of Transportation (FDOT), and allowed by the Miami Beach City Code, Chapter 46.,
Article IV" Sub-Sections 46-156(2)(a) and 46-157(8); the new construction hours being from 8:00
A.M. to 9:00 P,M., six days a week, from late April 2001, to early July 2002, or approximately
sixteen months; and further encourage the City and FDOT to keep the noise levels down from 8:00
A.M. to 9:00 A.M., and prescribe any reasonable conditions necessary to minimize the potential
adverse effects to the community.
PASSED AND APPROVED this the 10th day of
May
,2000.
MAYO!J
ATTEST:
jlluJ fct~LCv-
CITY CLERK
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APPROVED J>.S TO
FORM & LANGUAGE
2. fOR EXECUTION
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RESOLUTION NO. 381--2001
A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE MIAMI
BEACH REDEVELOPMENT AGENCY (RDA), FLORIDA, AUTHORIZING
THE CHAIRMAN AND SECRETARY TO EXECUTE A SHORT-TERM
LEASE AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORT A TION (FDOT) FOR THE TEMPORARY UTILIZATION OF
THE RDA.OWNED PROPERTY, LOCATED AT 300 23RD STREET, AND
ALSO KNOWN AS THE 'FRUIT STAND' PARCEL, AS A STAGING AREA
FOR FDOT'S GENERAL CONTRACTOR, CENTRAL FLORIDA
EQUIPMENT, DURING THE RECONSTRUCTION OF COLLINS A VENUE,
FROM LINCOLN ROAD TO 26TH STREET.
WHEREAS, the Florida Department of Transportation (FDOT) has scheduled a roadway
reconstruction project for Collins Avenue, from Lincoln Road to 26th Street, which will be
implemented in two phases, between April 16, 2001, and October 2002 (the Project); and
WHEREAS, FDOT is required to provide a temporary staging area for storage of materials
and equipment that will be used by its contractor for the Project, Central Florida Equipment; and
WHEREAS, after considering several nearby sites, the property at 300 23rd Street (Parcel
4), also known as the 'Fruit Stand' Parcel, has been selected as the best available location; and
WHEREAS, the property needs to be fenced-in by FDOT's contractor in advance of the
Project inception date of April 16, 2001; and
WHEREAS, the property is owned by the Miami Beach Redevelopment Agency (RDA),
requiring RDA approval for any temporarily uses other than those of the RDA; and
WHEREAS, FDOT is required to enter into a short-term (eleven-month) Lease Agreement
with the RDA for the property in question_
NOW, THEREFORE, BE IT RESOLVED BY THE CHAIRMAN AND MEMBERS
OF THE MIAMI BEACH REDEVELOPMENT AGENCY (RDA), FLORIDA, that the
Chairman and Secretary be hereby authorized to execute the attached Short-Term Lease Agreement
with the Florida Department of Transportation (FDOT) for the ternporary utilization of the RDA-
owned property, located at 300 23rd Street, and also known as the 'Fruit Stand' Parcel, as a staging
area for FDOT' s general contractor, Central Florida Equipment, during the reconstruction of Collins
A venue, from Lincoln Road to 26th Street.
PASSED AND APPROVED this the 28th of
March
,2001.
APPROVED AS TO
ATTEST' FORM" LANGUAGE
ltL. . ft .. FOR EXECUTION
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SECRETARY .IIJJiII(~ ~:l-VI
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CHAIRMAN
:ITY OF MIAMI BEACH
;ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
lttp:\\ci.miami-beach.fl.us
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM NO. 0/- \ <0
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: March 28, 2001
Jorge M. Gonzalez
City Manager
~VC)
A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE MIAMI
BEACH REDEVELOPMENT AGENCY (RDA), AUTHORIZING THE
CHAIRMAN AND SECRETARY TO EXECUTE A SHORT-TERM LEASE
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORT A TION (FDOT) FOR THE TEMPORARY UTILIZATION OF
OF A PROPERTY OWNED BY THE RDA, KNOWN AS 300 23RD STREET -
THE 'FRUIT STAND' PARCEL, AS A STAGING AREA FOR FDOT'S
GENERAL CONTRACTOR, CENTRAL FLORIDA EQUIPMENT, DURING
THE RECONSTRUCTION OF COLLINS A VENUE, FROM LINCOLN
ROAD TO 26TH STREET.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The Florida Department of Transportation (FDOT) has scheduled a roadway reconstruction project
(the Project) for Collins A venue, from Lincoln Road to 26th Street, which will be irnplemented in
two phases, as follows:
Phase I
Phase II
Lincoln Road to 22nd Street, from April 16 to mid December 2001; and
22nd Street to 26th Street, from ApriI to October 2002.
FDOT is required to provide a temporary staging area, within the construction project area, for
storage of rnaterials and equipment that will be used by its general contractor, Central Florida
Equipment. After considering the pros and cons of several local sites, the property at 300 23rd Street
(Parcel 4), known as the 'Fruit Stand' Parcel, is hereby recommended for your consideration, since
it is under Redevelopment Agency (RDA) control.
Under provisions of this eleven-month Lease Agreement, FDOT will ensure that its general
contractor, Central Florida Equipment, restores the property to its original condition, after the
temporary use has ceased_ In addition, FDOT agrees to indemnify and hold the RDA harmless for
personal injury or property damage claims, liability, losses, etc., that may arise from FOOT's, and/or
its agents, employees, and invitee's negligence during the use and operation of the premises as a
construction staging area.
AGENDA ITEM 2...6
DATE 3-"2.8--D L
. .
March 28, 2001
RDA Memorandum
Lease Agreement/Fruit Stand Parcel
Page 2
Due to the fact that the staging area needs to be fenced-in by the general contractor in advance of the
Project inception date (April 16, 2001), the Administration recommends approval of the Resolution
and its companion Short-Term Lease Agreement with FOOT,
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Attachments
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SHORT-TERM LEASE AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH REDEVELOPMENT AGENCY (RDA)
AND
THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)
FOR THE TEMPORARY PLACEMENT OF A STAGING AREA ON RDA PROPERTY
FOR PURPOSES OF THE COLLINS A VENUE RECONSTRUCTION PROJECT
This Short-Term Lease Agreement (Agreement), entered into this 28th day of March
2001, by and between the MIAMI BEACH REDEVELOPMENT AGENCY, Florida (hereafter
referred to as LESSOR or RDA), and the Florida Department of Transportation, District Six
(hereafter referred to as LESSEE or FDOT).
In consideration of the premises, terms and for other good and valuable consideration, the
LESSOR and the LESSEE hereby agree as follows:
1. LESSOR leases to LESSEE that real property below (hereafter referred to as the
Premises), and as set forth in the sketch, attached as Exhibit "A" hereto:
300 23rd Street, also known as the 'Fruit Stand' Parcel
Legal Description: Miami Beach Improvement Co's PB 5-7, Lots 1 & 3 & N
25 feet of Lots 2 & 4, less N 10 feet of Lots 1 & 3, Block l.
Lot size 16,800 sq.ft.
2. The Term of this Agreement shall be for a period of eleven-rnonth and 28 days, said term
commencing on the date that the LESSEE first installs the two (2) office trailers and
fences-in the Premises, or April 16, 2001, whichever occurs first.
3. The Premises shall be used by LESSEE and its contractor, Central Florida Equipment, 24
hours per day, seven days per week, holidays included, solely for the temporary
placement of a staging area to store construction vehicles and materials, including but not
limited to, heavy equipment, trucks and other construction machinery, all related to
Contractor's work on the SR AlA/Collins Avenue Reconstruction Project, from Lincoln
Road to 26th Street (the Project).
4. LESSEE's, either directly or through its Contractor, shall be responsible for securing the
Premises by placing and maintaining, at its sole cost and expense, a temporary chain-link
fence around its perimeter.
5. LESSEE shall operate within the boundaries of the Premises and shall maintain same in a
sanitary condition and in accordance with Federal, State and Local environmental agency
regulations, and the rules, regulations, ordinances and permits of the City of Miami
Beach, Miami-Dade County, and the State of Florida,
6. Noise and disruption to the immediate neighborhood shall be kept to a minimum, and
construction hours shall be limited to 8:00 a.m. to 9:00 p.m., six days a week, whenever
possible, as established by Resolution No. 2000-23917, dated May 10,2000.
7. LESSOR shall charge LESSEE a rate for lease of the Premises, for the Term provided
herein, in the amount of one dollar ($1.00).
8. LESSEE warrants to LESSOR that LESSEE is adequately insured with regard to the
Project and the Premises. To that end, the parties acknowledge that FDOT, as an agency
of the State of Florida, is self-insured. However, Lessee herein warrants to Lessor that
the construction contract let to accomplish the Project purposes shall contain a provision
requiring all construction contractors, including but not limited to Central Florida
Equipment, to acquire and rnaintain in full force and effect throughout the term of this
Agreement, commercial general liability insurance coverage in the amount of $1,000,000
per occurrence for bodily injury and property damage. All policies shall also contain
coverage for Premises operations, and name LESSOR as additional insured. A copy of
the contractors' certificates of insurances shall be submitted to the LESSOR's Risk
Management Division prior to the commencernent of work.
9. RIGHT OF ENTRY: LESSOR or any of its agents or representatives shall have the right
to enter upon the Premises during all hours during which LESSEE occupies same, to
examine the Premises and monitor the condition of same.
10. SECURITY: LESSEE shall provide its own security throughout its occupancy of the
Premises_ It is expressly agreed and understood that the LESSOR shall not in any way be,
or assume responsibility for, the personal safety of LESSEE's ernployees, invitees,
contractors, agents, or any other person entering the Premises in conjunction with this
Agreement, as well as any equipment or personal property brought on to the premises
where there is result of loss, theft, damage, or any other type of casualty which may occur.
11. MAINTENANCE: LESSEE, at its sole cost and expense, shall maintain (or cause to be
maintained) the Premises in a clean and orderly condition, not allowing refuse or debris to
accumulate, including but not limited to rnaintaining the Premises in the same condition
to which same was maintained by LESSOR prior to commencement of this Agreement.
LESSEE shall repair any damage caused as a result of its use of the Premises under this
Agreement. Failure to maintain the Premises rnay result in LESSOR revoking the
Agreement or providing for cleanup services and charging the costs of this service back to
the LESSEE.
2
12. INDEMNIFICATION: In consideration of the RDA's permission for LESSEE's and/or
its agents, employees, and/or invitees' occupancy and use of the Prernises during the
terms of this Agreement, LESSEE agrees to indemnify, defend, and hold the RDA
harmless, to the extent of the limitations included in Florida Statute 768.28, subject to the
provision herein whereby the LESSEE shall not be held liable to pay personal injury or
property damage claims, or judgment by anyone person which exceeds the amount of
$100,000 or any claim or portions thereof, which, when totaled with all other claims or
judgment against LESSEE arising out of the same incident or occurrence, exceed the sum
of $200,000; from any and all personal injury or property damage claims, liability, losses
and cause of action resulting from the LESSEE's, and/or its agents, employees and/or
invitees' negligence in its use and operation of the Premises for the purpose stated herein.
Additionally, Lessee shall assure that any and all contractors using the Premises for the
purpose(s) provided herein, including but not limited to Central Florida Equipment, shall
agree to indemnify, defend, and hold the RDA harmless from any and all personal injury
or property damage claims, liability, lossess, and cause of action resulting from their use
and operation of the Premises for the purpose(s) stated herein.
However, nothing herein shall be deemed to indemnify the RDA for any liability and
claim arising out of its negligence, performance, or failure of performance of the RDA or
as a result of the negligence of any unrelated third party; provided that nothing herein
contained shall operate as a waiver as to third parties of either the RDA or the LESSEE's
sovereign immunity under Florida Statute 768.28.
13. TERMINATION FOR CONVENIENCE:
Either party to this Agreement may terminate this Agreernent, with or without cause, upon
sixty (60) days written notice to the other party.
14, NOTICES:
Notices under this Agreernent shall be delivered as follows:
TO LESSOR:
Christina Cuervo, Assistant City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
With copies to:
Murray Dubbin, City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
3
TO LESSEE:
Mario L. Cabrera, Project Manager
Florida Department of Transportation
District Six Construction
1000 NW l1lth Avenue
Miami, Florida 33172
15. This Agreement shall not be assigned without the prior written consent of both parties hereto.
16. Upon expiration or termination of the Agreement, LESSEE shall immediately surrender
possession of the Premises to the LESSOR in substantially the same condition in which
LESSEE was required to maintain same hereunder, except for damage by fire or other natural
disaster. LESSEE agrees to restore the Premises to their condition immediately preceding
the commencement of this Agreement. If, within sixty (60) days following the occurrence,
LESSEE fails to repair or replace any damage to the Premises caused by the LESSEE, its
agents, its employees or invitees, the LESSOR may, at its option, cause all required
renovations, maintenance, repairs or replacements to be made, and LESSEE will be charge
for all costs.
4
WHEREFORE, the parties hereto have cause their proper officers to affix their signatures
and seals on the date first set forth above.
MIAMI BEACH REDEVELOPMENT AGENCY I Lessor
ATTEST:
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SECRET AR Y
FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT SIX I Lessee
ATTEST:
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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APPROVED AS 1'0 FORM,
CONTENT AND LEGALITY
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5
EXHIBIT "A"
TO LEASE AGREEMENT
300 23rd Street, also known as the 'Fruit Stand' Parcel
Legal Description: Miami Beach Improvement Co's PB 5-7, Lots 1 & 3 & N 25
feet of Lots 2 & 4, less N 10 feet of Lots 1 & 3, Block l.
Lot size 16,800 sq,[t.
6
RESOLUTION NO. 2000-23917
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACKNOWLEDGING NEW
CONSTRUCTION HOURS FOR A ROADWAY PROJECT ON
AlAlCOLLINS AVENUE, FROM LINCOLN ROAD TO 26TH STREET, AS
PROPOSED BY THE ADMINISTRATION AND THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT), AND ALLOWED BY THE
MIAMI BEACH CITY CODE, CHAPTER 46., ARTICLE IV., SUBSECTIONS
46-156(2)(a) AND 46-157(8); THE NEW CONSTRUCTION HOURS BEING
FROM 8:00 A.M. TO 9:00 P.M., SIX DAYS A WEEK, FROM LATE APRIL
2001, TO EARLY JULY 2002, OR APPROXIMATELY SIXTEEN MONTHS;
AND FURTHER ENCOURAGING THE CITY AND FDOT TO KEEP THE
NOISE LEVELS DOWN FROM 8:00 A.M. TO 9:00 A.M., AND PRESCRIBE
ANY REASONABLE CONDITIONS NECESSARY TO MINIMIZE THE
POTENTIAL ADVERSE EFFECTS TO THE COMMUNITY.
WHEREAS, the Florida Department of Transportation (FDOT) has programmed a roadway
reconstruction project for A1AlCollins Avenue, from Lincoln Road to 26th Street, beginning in late
April 2001, and ending in early July 2002 (Project); and
WHEREAS, the Project has been divided into two segments to guarantee that construction
is completed within the first segment, the hotel area from Lincoln Road to 23rd Street, prior to the
tourist season or no later than early December 2001; and
WHEREAS, in negotiations with FDOT, the Administration was able to reduce the
construction time1ine from the original 2.5 years to the above-mentioned sixteen (16) months, but
only if longer construction hours are permitted for this Project; and
WHEREAS, Chapter 46. "Environment," Article IV. "Noise," Section 46-156 "Temporary
Permits," and Section 46-157 "Exemptions," Sub-Section (8) allow for certain "activities of a
temporary duration" to be exempted, administratively, from the regular construction hours
established by Sub-Section 46-156(2)(a)" Construction Hours," of the CityCode; and
WHEREAS, both the Administration and FDOT are proposing new construction hours for
the Project and, although not required by the City Code, wish to have them acknowledged by the
Mayor and City Commission.
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 acknowledge new construction hours for a roadway project on Al NCollins
A venue, from Lincoln Road to 26th Street, as proposed by the Administration and the Florida
Department of Transportation (FDOT), and allowed by the Miami Beach City Code, Chapter 46.,
Article IV., Sub-Sections 46-1S6(2)(a) and 46-157(8); the new construction hours being from 8:00
A.M. to 9:00 P,M., six days a week, from late April 2001, to early July 2002, or approximately
sixteen months; and further encourage the City and FDOT to keep the noise levels down from 8:00
A.M. to 9:00 A.M., and prescribe any reasonable conditions necessary to minimize the potential
adverse effects to the community,
PASSED AND APPROVED this the 10th day of
May
,2000.
MAYO!f
ATTEST:
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CITY CLERK
,,'ftA'fII^,J."'''I<I.jA\I~~JJ__Wl'D
APPROVED I>S TO
FORM & tA.'lGUAGE
&. fOR EXECUTION
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