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HomeMy WebLinkAboutReso 2024-3603RESOLUTION NO. 2024 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE LEASE AGREEMENT/AIRSPACE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE PROPERTY LOCATED UNDER THE LEHMAN CAUSEWAY BRIDGE FOR PARKING AND OTHER PUBLIC USE PURPOSES; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID LEASE AMENDMENT, AND TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation ("FDOT") owns Parcels 653 and Parcel 654 located in the right-of-way under the Lehman Causeway Bridge (collectively "Parcels"); and WHEREAS, on April 15th, 2021, via Resolution No. 2021-3189, the City Commission of the City of Sunny Isles Beach approved a ten (10) year Lease Agreement/Airspace Agreement ("Lease Agreement") with FDOT for the Parcels; and WHEREAS, the City and FDOT have agreed to an amendment to the Lease Agreement to remove Parcel 653, in accordance with Section 9(a); and WHEREAS, Parcel 653, containing 27,669 square feet, currently serves as parking for motor vehicles; and WHEREAS, the remaining space under the Lease Agreement, Parcel 654, contains 251,051 square feet and is also located under the William Lehman Causeway (SR 826), which includes public parking, a Public Works storage area, and a basketball court for public use; and WHEREAS, the City Commission wish to approve the amendment to the Lease Amendment with FDOT for the Parcels, attached hereto as Exhibit "A". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA: Section 1. Approval of the Lease Amendment. The City Commission hereby approves the amendment to the Lease Agreement/Airspace Agreement with the Florida Department of Transportation for Parcels 653 and Parcel 654 located in the right-of-way under the Lehman Causeway Bridge, attached hereto as Exhibit "A". Section 2. Authorization of City Manager. The City Manager is hereby authorized to execute said Lease Amendment with the Florida Department of Transportation, and to do all things necessary to effectuate this Resolution. Section 3. Effective Date. This Resolution shall become effective upon passage. @BCL@CC0A44DF.docx Page 1 of 2 166 PASSED AND ADOPTED this 18th day of Jan44ry, 2024. ATTEST,: ' A. Ma6ricid Betan Pr, CMC, City Clerk Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ioio Q�� in E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by: awa--s-La 4164e&Seconded by: /C� Vote: Mayor Svechin Vice -Mayor Lama Commissioner Joseph Commissioner Stuyvesant Commissioner Viscarra (Yes) (No) (Yes) (No) ✓ Yes) (No) Yes) (No) (Yes) (No) @BCL@CCOA44DF.docx Page 2 of 2 167 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AMENDMENT TO LEASE AGREEMENT ITEM/SEGMENT NO.: 2488311 MANAGING DISTRICT: Six F.A.P. NO.: N/A STATE ROAD NO.: A1A & 856 COUNTY: Miami -Dade PARCEL NO.: 653 & 654 BE IT KNOWN, that for good consideration the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, (hereafter called LESSOR), and CITY OF SUNNY ISLES BEACH, Florida Municipal Corporation, of 18070 Collins Avenue, Sunny Isle, Florida 33160, (hereafter called Lessee), under a certain lease agreement between them for premises known as Under William Lehman Causeway North-South at SR A1A/Collins Avenue, dated May 5th, 2021, hereby agree to modify and amend said Lease as to the following terms: Effective May 1, 2023, Lease Agreement executed on May 5th, 2021, is hereby amended, and terminate Parcel 653 (Lot 3), in accordance with Section 9 (a) of the Lease Agreement. Parcel 653 contains 27,669 square feet and is located under the William Lehman Causeway (SR 856), east of Intracoastal Waterway and under the West Bound ramp of Collins Avenue median and NE 192nd Street area which includes parking for motor vehicles. The Lessee agrees that only the Amended Lease Area, Parcel 654 (Lots 1 and 2), under William Lehman Causeway (SR 856), east of Intracoastal Waterway and west of A1A/Collins Avenue which contains 251,051 square feet (5.763 acres), shall be utilized only for the following: • Public parking for fee for the general public; • Lessee's Public Works storage area; • Basketball court for public use. All other Lease terms shall remain in force as contained in the original lease, which provisions are incorporated herein by reference. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 1 of 2 168 This Lease amendment between the State of Florida Department of Transportation and City of Sunny Isles Beach and dated day of , 2024 shall become a part of the original Lease and shall be binding upon and inure to the benefit of the parties, their successors, assigns and personal representatives. On behalf of Lessee CITY OF SUNNY ISLES BEACH By: 15Cz Name: VOW Af&9j4Q S Title: GtT'y Witnesses (as to Lessee) Attest: Name: Title: On behalf of Lessor STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Stacy L. Miller, P.E. District Secretary Attest: Helen Bosque Assistant to the District Secretary LEGAL REVIEW: District Counsel Name: Alicia Trujillo, Esq. 2 of 2 169 FLV 5 C,rr OF S "J N hiyG City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305)949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Susan Simpson, Deputy City Manager DATE: January 18, 2024 RE: Amendment to Lease Agreement with Florida Department of Transportatior for the Property Under the William Lehman Causeway RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: The City has leased properties from the Florida Department of Transportation since 2000 for parkin@ and other public purposes and entered into a lease agreement for the property under the William Lehman Causeway (SR 826), on March 1, 2011 and renewed on May 5, 2021. The purpose of thi amendment to the lease agreement is to remove parcel 653 (lot 3) in accordance with section 9(a) of the lease agreement. Parcel 653 contains 27,669 square feet and is located under the William Lehman Causeway (SR 826), which includes parking for motor vehicles.The remaining space under this agreement is Parcel 654, containing 251,051 square feet, also located under the William Lehman Causeway (SR 826) which includes public parking, Public Works storage area, and a basketball court foi public use. All other terms of the original lease will remain in effect. FUNDING SOURCE: No funding is required for approval of this item. ATTACHMENTS: Resolution Lease Amendment Item Number: 10.E 165