Authorize temporary two-day site access agreement with Palm Bay Towers contractor

AGENDA ITEM COVER PAGE File ID: #17421 Resolution Sponsored by: Commissioner Christine King A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A TEMPORARY ACCESS AGREEMENT (“AGREEMENT”), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH PALM BAY TOWERS CONDOMINIUM ASSOCIATION, INCORPORATED AND/OR ITS CONTRACTOR, ALLEGIANCE CRANE & EQUIPMENT LLC, FOR A PERIOD NOT TO EXCEED TWO (2) DAYS, TO ACCESS AND ENTER UPON CITY OF MIAMI (“CITY”) OWNED REAL PROPERTY KNOWN AS LEGION MEMORIAL PARK, LOCATED AT 6447 NORTHEAST 7 AVENUE, MIAMI, FLORIDA 33138 (“PROPERTY”) FOR THE PURPOSE OF AUTHORIZING CRANE AND AUXILIARY EQUIPMENT UPON THE PROPERTY TO PERMIT IMPROVEMENTS TO THE ADJACENT PALM BAY TOWERS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO THE AGREEMENT AS MAY BE NECESSARY TO EFFECTUATE SAID AGREEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS. City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com City of Miami Legislation Resolution File Number: 17421 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A TEMPORARY ACCESS AGREEMENT (“AGREEMENT”), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH PALM BAY TOWERS CONDOMINIUM ASSOCIATION, INCORPORATED AND/OR ITS CONTRACTOR, ALLEGIANCE CRANE & EQUIPMENT LLC, FOR A PERIOD NOT TO EXCEED TWO (2) DAYS, TO ACCESS AND ENTER UPON CITY OF MIAMI (“CITY”) OWNED REAL PROPERTY KNOWN AS LEGION MEMORIAL PARK, LOCATED AT 6447 NORTHEAST 7 AVENUE, MIAMI, FLORIDA 33138 (“PROPERTY”) FOR THE PURPOSE OF AUTHORIZING CRANE AND AUXILIARY EQUIPMENT UPON THE PROPERTY TO PERMIT IMPROVEMENTS TO THE ADJACENT PALM BAY TOWERS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO THE AGREEMENT AS MAY BE NECESSARY TO EFFECTUATE SAID AGREEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS. WHEREAS, the City of Miami (“City”) is the owner of the property known as Legion Memorial Park and located at 6447 Northeast 7th Avenue, Miami, Florida 33138, and identified by Folio No. 01-3218-000-0030 (“Property”); and WHEREAS, the Palm Bay Towers Condominium Association, Incorporated ("Association") has requested authorization from the City to grant access to the Property, allowing its contractor, Allegiance Crane & Equipment LLC ("Contractor"), to traverse the Property for the purpose of hoisting elevator machinery and related equipment to the rooftop of the adjacent Palm Bay Towers, located at 720 Northeast 69th Street, Miami, Florida 33138 (“Purpose”); and WHEREAS, the Association and Contractor's use of the Property shall be limited to a period not exceeding two (2) days; and WHEREAS, authority to access the Property will be pursuant to a temporary access agreement providing for a release, covenant not to sue, and hold harmless in favor of the City (“Agreement”), in a form acceptable to the City Attorney, with the Association and/or its Contractor to allow access to the Property for the Purpose specified herein;

NOW, THEREFORE,

BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized1 to negotiate and execute the Agreement, in a form acceptable to the City Attorney, with the Association and/or its Contractor for a period not to exceed two (2) days, to access the Property for the specified Purpose. Section 3. The City Manager is further authorized1 to negotiate and execute all necessary documents, including amendments and modifications to the Agreement as may be necessary to effectuate said Agreement, all in forms acceptable to the City Attorney and in compliance with all applicable laws, rules, and regulations. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions.