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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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Item/Segment No.: 2489741 <br />Managing District Six <br />State Road 826 <br />County Miami -Dade <br />Parcel No. 3129 <br />shall bear all expenses and operational costs from its sixty percent (60%) share of all <br />gross revenues. Revenues shall be described as any and all revenues received from <br />the Lessee as a result of the use of the leased area, including, but not limited to, <br />metered parking, parking for fee, recreational and vending concessions, if any, and fees <br />and/or rent collected from a sublessee which sublease shall have been approved by the <br />Lessor. Rent payments shall be made quarterly on or before the 1St day of the third <br />month following the preceding three months in which such revenues were received and <br />having commenced since October 24, 2011. Each quarterly payment shall be <br />accompanied by a Lessee's signed statement which shall state the total amount of <br />revenues for the period covered and the computation of the rental payment due Lessor. <br />In addition, the Lessee shall provide the Lessor with an annual statement of the <br />proceeds for each 12 -month period of the term, within 30 days from the end of the prior <br />12 -month period; such annual statement to be signed by the Lessee and certified by a <br />Certified Public Accountant. <br />The Lessee shall maintain a set of books, accounts and records covering the operations <br />that are subject to this Agreement, said books, accounts and records to be of the same <br />types as those customarily used in these types of operations in accordance with <br />accepted accounting practices and standards for such period of time as is provided <br />herein. Lessor shall be permitted upon three -business days prior to written notice to <br />Lessee to examine and audit, during ordinary business hours, by or through its officers, <br />employees or representatives of the Lessor, such records and books of account, <br />provided that the Lessee shall not be required to maintain such records and books of <br />account pertaining to operations within the property occurring during any annual period <br />for more than three (3) years after the end of each annual period. <br />Subsection b. is deleted in its entirety and replaced with the following: <br />The Department reserves the right to review and adjust the rental terms biennially and <br />at renewal to reflect market conditions. <br />Section 4. Use, Occupancy, and Maintenance is hereby modified as follows: <br />Subsection b. is modified to include the following: Existing improvements at the <br />time of this Agreement are landscaping, park benches, decorative pavers, and paved <br />parking area. <br />Subjection n. is hereby added as follows: Lessee shall not sublet the property <br />without prior written authorization from the Lessor. Lessee further understands that any <br />proposed subleasing of the Premises may be subject to FHWA approval of the <br />proposed use in accordance subsection d. of this Agreement. Subletting the Premises <br />2 <br />
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