HomeMy WebLinkAboutJ-9 Resolution: Excavating Trench Corp.City of ~I~liami GarcCens
1515-200 NW 167~h Street
Miami Gardens, Florida 33169
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Mayor Shirley Gibson
Vice Mayor Oscar Braynon II
Councilman Melvin L. Bratton
Councilman Aaron Campbell
Councilwoman Sharon Pritchett
Councilwoman Barbara Watson
Councilman Andre Williams
MEMORANDUM
To: The Honorable Mayor and City Council
From: Dr. Danny O. Crew, City Manager
Date: April 11, 2007
Re: Temporary License Agreement with Excavating Trench Corporation
Background:
On March 28, 2007, City staff was contacted by Excavating Trench Corporation (ETC),
a subcontractor of Florida Power & Light (FP&L), notifying the City of its intention to
perform underground work along NW 199t" Street between NW 27t" Avenue and NW
37t" Avenue. ETC had requested the use of the vacant lot located at NW 199t" Street
between NW 29t" Avenue and NW 32"d Avenue, future site of the Carol City Community
Center, as a storage area for equipment and materials.
The original location proposed by ETC (500 ft. of the northwest quadrant of the site)
overlapped the owl relocation area and was declined by staff. The City counter-offered
the southwest corner of the lot and ETC agreed. In addition, City staff informed ETC of
several factors regarding this site including upcoming construction of the community
center, slated to begin July of this year, the burrowing owl relocation permit issued by
the Florida Fish and Wildlife Commission and possible termination of agreement if
community center construction infringes upon ETC storage area. The City negotiated a
one-time usage fee of $5,000 for use of a portion of this site.
RECOMMENDATION: It is recommended that the City Council approve the temporary
license agreement authorizing Excavating Trench Corporation use of a portion of the
vacant lot at NW 199t" between NW 29t" Avenue and NW 32"d Avenue for storage of
equipment and materials in connection with the FP&L project on NW 199t" Street.
DC:AP
J-9) CONSENT AGENDA
RESOLUTION
EXCAVATING TRENCH
CORPORATION
RESOLUTION No. 2007-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE A LICENSE AGREEMENT WITH EXCAVATING TRENCH
CORPORATION FOR THE STORAGE OF CONSTRUCTION STAGING
EQUIPMENT AT THE FUTURE CAROL CITY COMMUNITY CENTER
SITE, SUBJECT TO CERTAIN REQUIREMENTS; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE
DATE.
1 WHEREAS, the City owns the future Carol City Community Center site, and
2 WHEREAS, Excavating Trench Corporation ("ETC") is a subcontractor for Florida
3 Power & Light and will be making improvements to N.W. 199th Street between N.W.
4 27th Avenue and N.W. 37th Avenue, and
5 WHEREAS, ETC would like to use a portion of the Site for a construction staging
6 area to store equipment, and
7 WHEREAS, due to time being of the essence, the City Manager entered into an
8 License Agreement with ETC, upon consultation with the City Attorney, and upon the
9 City Attorney's preparation of a License Agreement, that provides for indemnification to
10 the City, for the City to be named as an additional insured on ETC's policies of
11 insurance, and for certain other assurances, and
12 WHEREAS, ETC understands that in order to be permitted to remain on the site,
13 the City Council must approve the License Agreement,
14 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
15 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
16 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
17 paragraphs are hereby ratified and confirmed as being true, and the same are hereby
18 made a specific part of this Resolution.
19 Section 2. AUTHORIZATION: The City Manager is hereby authorized to enter
20 into that certain License Agreement attached hereto as Exhibit "A" with Excavating
21 Trench Corporation.
22 Section 4. EFFECTIVE DATE: This Resolution shall take effect nun pro tunc to
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the execution of the License Agreement.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON APRIL 11, 2007.
ATTEST:
RONETTA TAYLOR, CMC, CITY CLERK
SHIRLEY GIBBON, MAYOR
Prepared by SONJA KNIGHTON DICKENS, ESQ.
City Attorney
SPONSORED BY: DANNY CREW, CITY MANAGER
MOVED BY:
VOTE:
Mayor Shirley Gibson
Vice Mayor Oscar Braynon, II
Councilman Melvin L. Bratton
Councilman Aaron Campbell
Councilman Andre Williams
Councilwoman Sharon Pritchett
Councilwoman Barbara Watson
(Yes) (No)
(Yes) (No)
(Yes) (No)
(Yes) (No)
(Yes) (No)
(Yes) (No)
(Yes) (No)
SKD/teh
129366_1. DOC
57
~}C~--'S~'~ ~
Excavating Trench Corporation
i~~~• I~.o. Box ~7~3oa
/,r :, ~ Hialeah, Fla 330'17
~' ~ ! I ~~ 1 7ele. 305 470 8211 Fax 305 470 F3S54
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To: Antranette Pierre
Special Prnject:~ T)ircctor
I~ax; 305-622••R001
March 29, ?007
Good Afkemoon,
Ms~ Pierre whCn we spoke earlier today and we discussed the use of a portion of the: lot
cm NW 199"'sir~et and NW 3Z Avenue. 1 have drawn a map ofthc area for you so you
will know where our equipment will be parked as per our aFrccment 't'his corner of
NW 32°~ avenue & NW 19G'h lane is far enough away i'rom the owls so iltey will not be
disturbed.
Thant: you i n advance,
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.rn~„~=ad, n1~is
NW 199`x' Street
N ~. - -
Vacant Lot ~
(^~ ~ Storage space for our R1
eh Approsint~.tel~ ~ equipment
250i}. x 250 ft ~ ~
~ SW corner of iot T ~
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N W 196'x' Lane
TEMPORARY LICENSE AGREEMENT
THIS TEMPORARY LICENSE AGREEMENT, made and entered into this
day of 2007, by and between the CITY OF MIAMI
GARDENS, FLORIDA (hereinafter, "LICENSOR"), a municipal corporation of the
State of Florida, whose address is 1515 N.W. 167t" Street, Miami Gardens,
Florida 33169, and Excavating Trench Corporation (hereinafter, "LICENSEE"), a
Florida corporation, whose address is P.O. Box 171308, Hialeah, Florida 33017.
WITNESSETH:
WHEREAS, LICENSOR owns the future Carol City Community Center
site, more particularly described as:
A portion of Tracts 66, 67, 68, 69, and 70 of EVERGLADES
SUGAR AND LAND CO. SUBDIVISION of Section 33, Township
51 South, Range 41 East, Dade County, Florida, according to the
plat thereof recorded in Plat Book 2, at Page 75 of the Public
Records of Dade County, Florida, and Tracts
4,5,6,7,8,9,25,26,27,and 28 of MIAMI GARDENS, according to the
plat thereof recorded in Plat Book 2, Page 96 of the Public Records
of Dade County, Florida
(hereinafter "Site"), and
WHEREAS, LICENSEE is a subcontractor for Florida Power & Light and
will be making improvements to N.W. 199t" Street between N.W. 27t" Avenue
and N.W. 37t" Avenue and would like to use a portion of the Site for a
construction staging area to store equipment, specifically 500' feet on the
southwest corner of the site, more specifically described in Exhibit A; and
WHEREAS, LICENSOR agrees to permit LICENSEE to use the Site,
subject to certain terms and conditions,
NOW, THEREFORE, for and in consideration of the mutual covenants and
promises as hereinafter set forth and of the faithful performance of all such
covenants and conditions, LICENSOR and LICENSEE do hereby agree as
follows:
1. The LICENSOR hereby grants to LICENSEE the license, permit
and privilege to use the Site for a construction staging area.
2. LICENSEE and LICENSOR intend that this document shall be a
license and privilege, and that no leasehold or other interest in the land is
conferred upon the user under the provisions hereof.
3. LICENSOR is permitting LICENSEE to park construction equipment
on the Site, with the understanding that the Site's use will be limited to this stated
purpose. No Construction related activities shall be permitted on the site.
4. The term of this Agreement shall be from April 1, 2007 through
September 1, 2007. However, this Agreement shall not be effective until
LICENSEE provide a Certificate of Insurance to the LICENSOR ensuring that
LICENSOR has been named as an additional insured on LICENSEE' policies of
insurance.
5. LICENSEE agrees to pay the LICENSOR a lump sum fee of $5,000
for use of the site.
6. LICENSEE acknowledges the presence of burrowing owls at the
site. The LICENSEE has been informed of the City's existing permit with the
Florida Fish and Wildlife Commission for the relocation of the owls to the
northwest quadrant of the site. Further, in compliance with the permit, LICENSEE
may be subject to the approval of the FFWC, if deemed applicable.
7. LICENSEE may store construction equipment on the property. No
signage shall be permitted on the Site, without prior City approval.
8. LICENSEE will arrange for and pay all costs associated with
LICENSEE'S use of the Site.
9. LICENSEE shall restore the Site its condition prior to the granting of
this License.
10. LICENSOR represents, warrants and covenants that it owns the
Site and that it will make no use of the Site or take any action inconsistent with
the license granted hereby during the term of this agreement.
11. LICENSEE shall insure that temporary fencing is installed on the
Site around the designated storage area, with a minimum of 50' distance from all
designated burrowing owl Areas. The City shall determine where the fencing
should be installed on the Site.
12. LICENSEE agrees to defend, indemnify, save and hold harmless
the LICENSOR and the LICENSOR's officers, agents and employees from any
claim, demand, suit, loss, cost or expense or any damages which may be
asserted, claimed or recovered against or from LICENSOR or LICENSOR's
officers, agents, or employees by reason of any damage to property or personal
injury, including death and which damage, injury or death arises out of, or is
incidental to, or in any way connected with this Agreement. Specifically,
LICENSEE shall hold LICENSOR harmless against all liability for any such loss
or damages to any equipment that is stored on the Site.
This indemnification includes, but is not limited to, the performance of this
Agreement by LICENSEE and LICENSEE's use of the Site hereunder, or any act
or omission of LICENSEE, its agents, servants, contractors, patrons, guests or
invitees and includes any costs, attorneys' fees, expenses and liabilities incurred
in the defense of any such claims or the investigation thereof. Nothing contained
herein shall be deemed a waiver of sovereign immunity by the LICENSOR.
13. LICENSEE shall obtain and keep in force at all times during the full
period for which the privileges hereunder are granted, a policy or policies of
public liability and property damage insurance, protecting the LICENSOR, its
officers, agents and employees against any and all liability due to death, injury or
damage to property arising out of, or any way incidental to Licensee's use of the
Park. LICENSEE agrees to provide the policy or policies in comprehensive form,
in an amount of not less than One Million ($1,000,000.00) Dollars combined
single limit, per occurrence, bodily injury, including death and property damage.
The insurance policy shall also contain broad form contractual coverage
applicable to this Agreement and, specifically, including the indemnification and
hold harmless clause contained herein. Additionally, LICENSEE shall obtain and
keep in force at all times, Automobile Liability Insurance covering LICENSEE'S
operations hereunder, in the amount of One Million ($1,000,000.00) Dollars, per
occurrence for bodily injury and property damage combined. LICENSEE must
provide that the LICENSOR is listed as an additional insured on all required
policies. LICENSEE shall obtain a certificate of insurance evidencing the
coverages described on all required policies. Such certificate of insurance shall
be submitted to LICENSOR upon execution of this Agreement.
14. LICENSEE in the conduct of its activities under this Agreement
shall comply in all material respects with all applicable federal, state, and local
laws and regulations.
15. The LICENSOR shall have the right in its sole discretion to
terminate this Agreement without or without cause, by giving fourteen (14) days
notice to LICENSEE.
16. In the event that any sentence, section, paragraph or portion of this
Agreement shall be held by a court to be invalid for any reason, such invalidity
shall not affect the remaining portions of this Agreement and the same shall
remain in full force and effect.
17. Any waiver by either party hereto of any one or more of the
covenants, conditions or provisions of this Agreement, shall not be construed to
be a waiver of any other covenant, condition or provision of this Agreement.
18. Any and all notices to be given under this Agreement may be given
by certified or registered mail addressed to:
If to LICENSEE: John Davis Sr.
Excavating Trench Corporation
P.O. Box 171308, Hialeah, Florida 33017.
If to LICENSOR:
CITY MANAGER
City of Miami Gardens
1515 N.W. 167t" Street, Bldg. 5, Suite 200
Miami Gardens, Florida 33169
19. This Agreement is not assignable by the parties.
20. Should any dispute arise hereunder, the prevailing party shall be
entitled to recover against the nonprevailing party all costs, expenses and
attorney's fees incurred by the prevailing party in such dispute, whether or not suit
be brought, and such right shall include all of such costs, expenses and attorney's
fees through all appeals or other actions.
21. This Agreement and the terms hereof shall be construed in
accordance with the laws of the State of Florida and venue for all actions in a court
of competent jurisdiction shall lie in Dade County, Florida.
22. No statements, representations, warranties, either written or oral,
from whatever source arising, except as expressly stated in this Agreement, shall
have any legal validity between the parties or be binding upon any of them. The
parties acknowledge that this Agreement contains the entire understanding and
agreement of the parties. No modifications hereof shall be effective unless made in
writing and executed by the parties hereto with the same formalities as this
Agreement is executed.
. 23. The preparation of this Agreement has been a joint effort of the
parties, and the resulting document shall not, solely as a matter of judicial
construction, be construed more severely against one of the parties than the other.
It is the parties' further intention that this Agreement be construed liberally to
achieve its intent.
24. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original, but all of which shall constitute one and the
same agreement.
25. All exhibits attached hereto or mentioned herein which contain
additional terms shall be deemed incorporated herein by reference. Typewritten or
handwritten provisions inserted in this form or attached hereto shall control all
printed provisions in conflict therewith.
(Signatures to Follow)
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed by their duly authorized agents and representatives with all the
formalities required by law on the day and year first written above.
CITY OF MIAMI GARDENS
Danny Crew, City Manager
ATTEST:
City Clerk
Ronetta Taylor, CMC
Approved as to form and legal
sufficiency:
Date
Sonja K. Dickens, City Attorney
Witness
Witness
By:
Excavating Trench Corporation
It's Executive President
Name Type/Print Name
Date
216755_1.DOC