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Reso 2022-3317
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Reso 2022-3317
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Last modified
5/18/2022 2:33:34 PM
Creation date
4/22/2022 10:04:29 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2022-3317
Date (mm/dd/yyyy)
04/12/2022
Description
Approving the use and occupancy Agmt. with the FDOT for public parking, landscaping, drainage on parcel 3129
Supplemental fields
Comment
Sent to Claudia Hasbun on 4/21/22 for remainder of signatures from FDOT.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION <br />ADDENDUM TO USE AND OCCUPANCY AGREEMENT <br />Item/Segment No.: 2489741 <br />Managing District : Six <br />State Road 826 <br />County Miami -Dade <br />Parcel No. 3129 <br />THIS AGREEMENT SHALL SERVE AS AN ADDENDUM to that certain Right of Way <br />Use and Occupancy Agreement between THE STATE OF FLORIDA DEPARTMENT <br />OF TRANSPORTATION (Lessor) and CITY OF SUNNY ISLES BEACH (Lessee), and <br />hereinafter collectively known as the "Parties", dated the day of <br />2022. In addition to the provisions contained in said Lease Agreement, the following <br />terms and conditions shall be deemed to be a part thereof pursuant to Paragraph 9 (b) <br />of said Lease Agreement. <br />For the purposes of this Addendum, "Leased Premises" will refer to that area described <br />in the attached Exhibit "A". <br />Section 1. Premises is hereby modified to include the following: <br />The Department has a bridge rehabilitation project identified as FDOT Project FM No. <br />43652-1 & 436525-2 for which the Project Contractor needed a portion of the Leased <br />Premises for a Staging Area. <br />As of August 1, 2021, all that area north and inclusive of the fence as shown in the <br />attached Exhibit "C" ("Staging Area") was handed over to the Contractor and is hereby <br />excluded from the Leased Premises. <br />Upon the Contractor vacating the Staging Area, the Contractor shall complete and sign <br />a Vacate Report, which date on the Vacate Report shall signify the Staging Area has <br />been vacated. A copy of such Vacate Report shall be sent to the Lessee, thus, <br />signifying that the Leased Premises is now made whole as described in Exhibit A and <br />subject to the terms and conditions of this Use and Occupancy Agreement. <br />Section 2. Term is hereby modified to include the following: <br />The commencement term of this Agreement is retroactive to August 1, 2019 <br />Lessee continued as a Tenant at Sufferance pending the decision by the Project <br />Manager as to whether the entire Leased Premises or only parts of it would be needed <br />for construction staging for FDOT Project FM No. 43652-1 & 436525-2. <br />Section 3. Rent is hereby modified as follows: <br />Subsection a. is hereby deleted in its entirety and replaced with the following: <br />Lessee installed, and collected fees from, a Master Parking Meter. The Parties agree <br />that the Lessee shall pay Lessor, as rent, forty percent (40%) of all gross revenues <br />collected from the use of the leased premises. The Parties further agree the Lessee <br />1 <br />
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