HomeMy WebLinkAboutReso 2026-4038RESOLUTION NO.2026 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A USE AND OCCUPANCY AGREEMENT, AND ADDENDUM
THERETO, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR PUBLIC
PARKING AND OTHER PUBLIC PURPOSES ON PARCEL NO. 7756 LOCATED AT 500
SUNNY ISLES BOULEVARD, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Florida Department of Transportation ("FDOT") owns the property located
at 500 Sunny Isles Boulevard, identified as Parcel 7756 (the "Property"), in the City of Sunny Isles
Beach (the "City"); and
WHEREAS, the City Commission wishes to approve a Use and Occupancy Agreement, and
the Addendum thereto, with FDOT to lease the Property, 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 Use and Occupancy Agreement. The City Commission hereby
approves the Use and Occupancy Agreement, and the Addendum thereto, with FDOT to lease the
Property, attached hereto as Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Addendum.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution shall become effective upon passage.
PASSED AND ADOPTED this 16th day of July,
Larisa Svechinl, Mayor
R2026 Addendum to Use and Occupancy Agmt Parcel 7756 - Bella Vista.docx Page 1 of 2
Al
AS
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Maur cio1sB`etan ur, CIVIC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Al z
Alain E. BO�U, City Attorney
Nabors, Giblin & Nickerson, P.A.
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Moved by:LDU1�1oh!(- ' Seconded by: S5
Vote:
Mayor Svechin (Yes) (No)
Vice Mayor Viscarra (Yes) (No)
Commissioner Joseph es) (No)
Commissioner Lama r(yy
es) (No)
Commissioner Stuyvesant es) (No)
R2026 Addendum to Use and Occupancy Agmt Parcel 7756 - Bella Vista.docx Page 2 of 2
23 CFR, Part 710 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 575-060-32
USE AND OCCUPANCY AGREEMENT RIGHT OF WAY
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ITEM/SEGMENT NO.: 4152301
MANAGING DISTRICT: Six
F.A.P. NO.: 6268-013U
STATE ROAD NO.: 826
COUNTY: Miami -Dade
PARCEL NO.: 7756
THIS AGREEMENT, made this day of , between
City of Sunny Isles Beach at 18070 Collins Avenue Sunny Isles Beach Florida 33160
(Lessee) and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (Department), an agency of the State of Florida
(State).
WITNESSETH:
WHEREAS, the Department may convey a leasehold in the name of the State, in any land, buildings, or other property, real
or personal, acquired under Section 337.25, Florida Statutes; and
WHEREAS, the United States Department of Transportation, Federal Highway Administration (FHWA), requires any use of
airspace above, and/or below the highway's established gradeline, lying within the approved right of way limits on a Federal Aid
System, to be accomplished pursuant to a right of way use and occupancy agreement in accordance with 23 CFR, Part 710, and
WHEREAS, the Department has acquired sufficient legal right, title, and interest in the right of way of State Road 826
which includes the property described in Exhibit "A" attached hereto and made a part hereof,
which right of way is part of a highway on a Federal Aid System; and
WHEREAS, the Department desires to lease to Lessee the airspace which is that space located above and/or below the
gradeline of the property described in Exhibit "A", attached and such airspace is hereinafter referred to as the "real property interest" or
the "leased property" and made a part hereof for the following purpose: park benches decorative pavers signs lighting and fencing
WHEREAS, the proposed use will not impair the full use and safety of the highway, require or permit vehicular access to
such space directly from the established gradeline of said highway, or interfere with the free flow of traffic on said highway.
NOW, THEREFORE, in consideration of the premises made a part hereof, and the covenants, promises, understandings, and
agreements made by each party to the other as set forth herein, the Department and the Lessee do hereby mutually agree as follows:
Premises
The premises hereto are true and correct and form an integral part of this Agreement.
2. Term
The Department does hereby lease unto Lessee the real property interest for a period of SEE ADDENDUM
beginning with the date of this Agreement. One renewal of this Agreement may be made for SEE ADDENDUM
However, except for a public purpose conveyance, such renewal may not exceed five years. Nothing herein shall be construed to in
any way grant an interest in the property lying below said airspace.
Rent
a. Lessee shall pay to the Department as rent each ❑ month ❑ quarter ❑ year on or before the first day of each rent
payment period, SEE ADDENDUM plus applicable sales tax. When this Agreement is terminated, any unearned rent and
sales tax payment shall be refunded to Lessee. However, no such refund shall be made where termination is due to Lessee's violation
of a term or condition of this Agreement.
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b. The Department reserves the right to review and adjust the rental fee biannually and at renewal to reflect market
conditions.
c. All rental payments are to be made by check or money order, payable to the State of Florida Department of Transportation
and delivered on or before the due date to: 1000 NW 111th Avenue R/W Administration Rm. 6105-13Miami Florida 33172 Attention
Property Management
d. Lessee shall be responsible for all state, county, city, and local taxes that may be assessed, including real property taxes
and special assessments. In the event that no rent is specified herein, then it has been determined that either the use by Lessee is a
nonproprietary use by a governmental agency or an exception from the current fair market rental value requirement (23 U.S.C. Section
156) has been obtained for social, environmental, or economic mitigation (SEE) purposes. In the event that it should be determined at
any time that the use is not a nonproprietary use by a governmental agency or that the SEE exception does not apply or has been
revoked, Lessee agrees to pay, at that time, rent as determined to be the fair market rental value by an independent appraiser certified
by the Department, and Lessee further agrees to pay such rent, under the remaining terms and conditions of this Paragraph 3, for the
remaining term (including renewals) of this Agreement.
e. Any installment of rent not received within ten (10) days after the due date shall bear interest at the highest rate allowed by
law from the due date thereof, per Section 55.03(1), Florida Statutes. This provision shall not obligate the Department to accept late
rent payments or provide Lessee a grace period.
4. Use Occupancy. and Maintenance
a. The Lessee shall be responsible for developing and operating the real property interest as set forth herein.
b. The Lessee's proposed use of the real property interest is as follows: SEE ADDENDUM.
c. The general design for the use of the real property interest, including any facilities to be constructed, and the maps, plans,
and sketches setting out the pertinent features of the use of the real property interest in relation to the highway facility are set forth in
composite Exhibit "B" attached hereto and by this reference made a part hereof. In addition, said composite Exhibit "B" also contains a
three-dimensional description of the space to be used, unless the use is of a surface area beneath an elevated highway structure or
adjacent to a highway roadway for recreation, public park, beautification, parking of motor vehicles, public mass transit facilities, or
other similar uses, in which case, a metes and bounds description of the surface area, together with appropriate plans or cross sections
clearly defining the vertical use limits, may be substituted for said three-dimensional description in said composite Exhibit "B".
d. Any change in the authorized use of the real property interest or revision in the design or construction of the facility
described in Exhibit "B" shall require prior written approval from the appropriate District Secretary of the Department, subject to
concurrence by the FHWA.
e. The Department, through its duly authorized representatives, employees, and contractors, and any authorized FHWA
representative, may enter the facility at any time for the purpose of inspection, maintenance, or reconstruction of the highway and
adjacent facilities, when necessary; or for the purpose of surveying, drilling, monitoring well installations, sampling, remediation, and
any other action which is reasonable and necessary to conduct an environmental assessment or to abate an environmental hazard.
f. Lessee, at Lessee's sole cost and expense, shall maintain the facility to occupy the real property interest so as to assure
that the structures and the area within the highway right of way boundaries will be kept in good condition, both as to safety and
appearance. Such maintenance will be accomplished in a manner so as to cause no unreasonable interference with the highway use.
Lessee shall ensure vertical and horizontal access to the Department for maintenance purposes. In the event that Lessee fails to so
maintain the facility, the Department, through its duly authorized representatives, employees, and contractors, may enter the facility to
perform such work, and the cost thereof shall be chargeable to the Lessee and shall be immediately due and payable to the
Department upon the performance of such work.
g. Portable or temporary advertising signs are prohibited.
h. The design, occupancy, and use of the real property interest shall not adversely affect the use, safety, appearance, or
enjoyment of the highway by lights, sounds, wireless frequencies, smoke, fumes, vapors, odors, droppings, or any other objectionable
discharges, or emissions, or nuisances of any kind therefrom.
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i. When, for the proposed use of the real property interest, the highway requires additional highway facilities for the proper
operation and maintenance of the highway, such facilities shall be provided by the Lessee without cost to either the Department or the
FHWA and subject to both Department and FHWA approval.
j. The proposed use shall not cause or allow any changes in the existing drainage on the property under the real property
interest.
k. Lessee shall not occupy, use, permit, or suffer the real property interest, the property, the facility, or any part thereof to be
occupied or used for any illegal business use or purpose, for the manufacture or storage of flammable, explosive, or hazardous
material, or any other hazardous activity, or in such manner as to constitute a nuisance of any kind, nor for any purpose or in any way in
violation of any present or future federal, state, or local laws, orders, directions, ordinances, or regulations.
I. Any activities in any way involving hazardous materials or substances of any kind whatsoever, either as those terms may be
defined under any state or federal laws or regulations, or as those terms are understood in common usage, are specifically prohibited.
The use of petroleum products, pollutants, and other hazardous materials affecting the property is prohibited. Lessee shall be held
responsible for the performance of and payment for any environmental remediation that may be necessary, as determined by the
Department. Similarly, if any contamination either spread to or was released onto adjoining property as a result of Lessee's use of the
real property interest under lease, the Lessee shall be held similarly responsible. The Lessee shall indemnify, defend, and hold
harmless the Department from any claim, loss, damage, cost, charge, or expense arising out of any such contamination.
m. Existing utilities and all corresponding easements shall remain in place and Lessee shall not disturb or interfere with the
same.
5. Indemnification. (select applicable paragraph)
® Lessee is a Governmental Agency
To the extent provided by law, Lessee shall indemnify, defend, and hold harmless the Department and all of its officers,
agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act
by Lessee, its officers, agents, or employees, during the performance of the Agreement, except that neither Lessee, its agents, or its
employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error,
omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement.
When the Department receives a notice of claim for damages that may have been caused by Lessee in the performance of
services required under this Agreement, the Department will immediately forward the claim to Lessee. Lessee and the Department will
evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending
the claim. After reviewing'the claim, the Department will determine whether to require the participation of Lessee in the defense of the
claim or to require that Lessee defend the Department in such claim as described in this section. The Department's failure to promptly
notify Lessee of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Lessee.
The Department and Lessee will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any.
❑ Lessee is not a Governmental Agency
Lessee shall indemnify, defend, save, and hold harmless the Department, its agents, officers, and employees, from any
losses, fines, penalties, costs, damages, claims, demands, suits, and liabilities of any nature, including attorney's fees (including
regulatory and appellate fees), arising out of or because of any acts, action, neglect, or omission by Lessee, or due to any accident,
happening, or occurrence on the leased property or arising in any manner from the exercise or attempted exercise of Lessee's rights
hereunder whether the same regards person or property of any nature whatsoever, regardless of the apportionment of negligence,
unless due to the sole negligence of the Department.
Lessee's obligation to indemnify, defend, and pay for the defense or at the Department's option, to participate, and to
associate with the Department in the defense and trial of any claim and any related settlement negotiations, shall be triggered by the
Lessor's notice of claim for indemnification to Lessee. Lessee's inability to evaluate liability or its evaluation of liability shall not excuse
Lessee's duty to defend and indemnify within seven days after such notice by the Department is given by registered mail. Only an
adjudication or judgment after the highest appeal is exhausted specifically finding the Department solely negligent shall excuse
performance of this provision by Lessee. Lessee shall pay all costs and fees related to this obligation and its enforcement by the
Department. The Department's failure to notify Lessee of a claim shall not release Lessee of the above duty to defend.
6. Insurance. Lessee at its expense, shall maintain at all times during the term of this Agreement, public liability insurance
protecting the Department, FHWA, and Lessee against any and all claims for injury and damage to persons and property, and for the
loss of life or property occurring in, on, or about the land arising out of the act, negligence, omission, nonfeasance, or malfeasance of
Lessee, its employees, agents, contractors, customers, licensees, and invitees. Such insurance shall be carried in a minimum amount
of not less than one million dollars ($ 1,000,000.00 Jfor bodily injury or death to anyone person or any number of persons in
any one occurrence and not less than one million dollars ($ 1,000,000.00 ) for property damage, or a combined
coverage of not less than two million dollars ($ 2,000,000.00 ). All such policies shall be issued by companies licensed
to do business in the State of Florida and all such policies shall contain a provision whereby the same cannot be canceled or modified
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unless the Department is given at least sixty (60) days prior written notice of such cancellation or modification. Lessee shall provide
the Department certificates showing such insurance to be in place and showing the Department and FHWA as additional insured under
the policies. If self -insured or under a risk management program, Lessee represents that such minimum coverage for liability will be
provided for the property.
7. Termination
a. This Agreement may be terminated by either party without cause upon thirty------- ( 30 ) days prior written notice to the
other party.
b. It is understood and agreed to by the Lessee that the Department reserves the right to terminate this Agreement
immediately without prior notice, in the event the Lessee violates any of the conditions of this Agreement and such violation is not
corrected within a reasonable time after written notice of noncompliance has been given. In the event the Agreement is terminated and
the Department deems it necessary to request the removal of the facility on the property, the removal shall be accomplished by the
Lessee in a manner prescribed by the Department at no cost to the Department or the FHWA.
c. The Lessee must notify the Department of its intention to renew this Agreement not later than thirty (30) days prior to the
expiration of the original term. Lessee's failure to comply with the foregoing notice provision may result in the Department's refusal to
renew the Agreement.
d. Upon termination of this Agreement, Lessee shall deliver the property to the Department, or its agents, in the condition
existing at the commencement of this Agreement, normal wear and tear excepted, unless a facility, any improvement, or any part
thereof has been constructed on the property.
e. If removal of the facility, improvements, or any part thereof is requested by the Department, any such structures shall be
removed by the Lessee at Lessee's expense by midnight of the day of termination of this Agreement and the property restored as
nearly as practicable.
f. This Agreement is terminable by the Department in the event that the facility ceases to be used for its intended purpose, is
abandoned, or if use of the facility is required by the Department for transportation, maintenance or emergency purposes.
Eminent Domain
Lessee acknowledges and agrees that its relationship with the Department under this Agreement is one of landlord and tenant
and no other relationship either expressed or implied shall be deemed to apply to the parties under this Agreement. Termination of this
Agreement for any cause shall not be deemed a taking under any eminent domain or other law so as to entitle Lessee to compensation
for any interest suffered or lost as a result of termination of this Agreement, including any residual interest in the Agreement or any
other facts or circumstances arising out of or in connection with this Agreement.
Lessee hereby waives and relinquishes any legal rights and monetary claims which it might have for full compensation, or
damages of any sort, including special damages, severance damages, removal costs, or loss of business profits, resulting from
Lessee's loss of occupancy of the property specified in this Agreement, or any such rights, claims, or damages flowing from adjacent
properties owned or leased by Lessee as a result of Lessee's loss of occupancy of the property specified in this Agreement. Lessee
also hereby waives and relinquishes any legal rights and monetary claims which it might have for full compensation, or damages of any
sort as set out above, as a result of Lessee's loss of occupancy of the property, when any or all adjacent properties owned or leased by
Lessee are taken by eminent domain proceedings or sold under the threat thereof. This waiver and relinquishment applies whether this
Agreement is still in existence on the date of taking or sale or has been terminated prior thereto.
9. Miscellaneous
a. The real property interest and Lessee's rights under this Agreement shall not be transferred, assigned, pledged or
conveyed to another party without the prior written consent of the Department, subject to concurrence by the FHWA. Lessee shall not
allow any liens or other encumbrances to attach to the leased property.
b. In conformance with the Civil Rights Act of 1964 (Title VI, Appendix "C") and 49 CFR Part 21, Lessee agrees as follows:
That as a part of the consideration hereof, Lessee does hereby covenant and agree as a covenant running with the
land that (1) no person, on the grounds of race, color, sex, or national origin shall be excluded from participation in,
be denied the benefits of, or be otherwise subjected to discrimination in the use of said property and facility; (2) that in
connection with the construction of any improvements on said property and facility and the furnishing of services
thereon, no discrimination shall be practiced in the selection of employees and contractors, by contractors; and (3)
that the Lessee shall use the property and facility in compliance with all other requirements imposed pursuant to 49
CFR part 21..
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2. That in the event of breach of any of the above covenants, the Department shall have the right to terminate this
Agreement and to re-enter and repossess said property and the facility thereon, and hold the same as if this
Agreement had never been made or issued.
c. During the term of this Agreement Lessee shall, at Lessee's own cost and expense, promptly observe and comply with all
present or future laws, requirements, orders, directions, ordinances, and regulations of the United States of America, the State of
Florida, county or local governments, or other lawful authority whatsoever, affecting the land, property, and facility or appurtenances or
any part thereof, and of all insurance policies covering the property, land, and facility, or any part thereof.
d. In addition to or in lieu of the terms and conditions contained herein, the provisions of any Addendum of even date herewith
which is identified to be a part hereof is hereby incorporated herein. and made a part hereof by this reference. In the event of any
conflict between the terms and conditions hereof and the provisions of the Addendum(s), the provisions of the Addendum(s) shall
control, unless the provisions thereof are prohibited by law.
e. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and
supersedes all prior agreements, understandings, or negotiations with respect thereto. Any provision hereof found to be unlawful or
unenforceable shall be severable and shall not affect the validity of the remaining portions hereof.
f. Lessee acknowledges that it has reviewed this Agreement, is familiar with its terms, and has had adequate opportunity to
review this Agreement with legal counsel of Lessee's choosing. Lessee has entered into this Agreement freely and voluntarily. This
Agreement contains the complete understanding of the parties with respect to the subject matter hereof. All prior understandings and
agreements, oral or written, heretofore made between the parties and/or between Lessee and any previous owner of the property and
landlord of Lessee are merged in this Agreement, which alone, fully and completely express the agreement between Lessee and the
Department with respect to the subject matter hereof. No modification, waiver, or amendment of this Agreement or any of its conditions
or provisions shall be binding upon the Department or Lessee unless in writing and signed by both parties.
g. Lessee shall be solely responsible for all bills for electricity, lighting, power, gas, water, telephone, and telegraph
services, or any other utility or service used on the property.
h. This Agreement shall be governed by the laws of the State of Florida, and any applicable laws of the United States of
America.
i. All notices to the Department shall be sent to the address for rent payments and all notices to Lessee shall be sent to the
property address provided herein or otherwise provided in writing to the Department.
j. The parties to this Agreement hereby understand and agree that the venue for any action that may arise as a result of this
Agreement shall be in Leon County, Florida.
k. If Lessee is a "contractor" for the purposes of Section 119.0701, Florida Statutes, Lessee shall comply with public records
laws and specifically shall:
1. Keep and maintain the public records that ordinarily and necessarily would be required to be kept and maintained by
the Department in order to perform the services identified herein.
2. Provide the public with access to those public records on the same terms and conditions that the Department would
provide the records and at a cost that does not exceed the cost provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements
are not disclosed except as authorized by law.
4. Meet all requirements for retaining the public records and transfer, at no cost, to the Department all the public records
in possession of Lessee upon termination of this Agreement and destroy any duplicate public records that are exempt
or confidential and exempt from public records disclosure requirements. All such public records (if any) stored
electronically must be provided to the Department in a format that is compatible with the information technology
systems of the Department.
If Lessee fails during such times to comply with a public records request, the Department shall enforce this section in
accordance with this Agreement.
Lessee shall otherwise allow public access to all documents, papers, letters or other materials, made or received by Lessee in
connection with this Agreement and the lease of the Demised Premises, to the extent such access is required because such
documents, papers, letters or other materials are subject to the provisions of s. 24(a) of the State Constitution or Chapter 119, Florida
Statutes.
I. Section 287.133(3)(a), Florida Statutes, requires that Lessee be informed of the following provisions of section 287.133
(2)(a), Florida Statues: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity
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crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as
a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in section 287.017, F.S., for Category two for a period of thirty-six (36) months
from the date of being placed on the convicted vendor list.
m. The Department shall consider the employment knowingly by Lessee of unauthorized aliens a violation of Section 274(e)
of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this Agreement.
n. This Agreement shall not create any third -party beneficiary hereunder, nor shall this Agreement authorize anyone not a
party hereto to maintain a suit against the Department pursuant to the terms of this Agreement.
o. This Agreement shall be binding upon the successors, assigns and legal representatives of Lessee and the Department.
p. All Exhibits attached to this Agreement are made a part hereof as if fully copied herein. All submittals required to be
submitted by Lessee that are approved by the Department are by reference made a part of this Agreement as if fully copied herein.
q. Nothing in this Agreement or in any documents executed pursuant to the terms of this Agreement shall be construed as a
waiver or attempted waiver by the Department of its sovereign immunity in tort under the Constitution and laws of the State of Florida.
r. "RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient
quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state
guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your
county health department.
s. Lessee does not qualify for relocation benefits under the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, as amended (42 U.S.C. Section 4601 et seq.)
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written.
CITY OF SUNNY ISLES BEACH
LESSE omp n�f applicable)
By:
Name: � n Iv`tyf t S
Title:
AttestV;
f
Nana@:
i 4
Title:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
District Secretary
Name: Daniel Iglesias P.E.
Attest:
(Seal) Name/Title: Helen Bosgue Executive Secretary
Legal Review:
District Counsel
Name: Michelle Garrido Esq., Senior Attorney
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ADDENDUM
This is an Addendum to that certain Right of Way Use and Occupancy Agreement between DO NOT SIGN -SEE ADDENDUM
and the State of Florida Department of Transportation dated the day of
In addition to the provisions contained in said Agreement, the following terms and conditions shall be deemed to be a part thereof
pursuant to Paragraph 9 (d) of said Agreement:
By:
Name:
Title:
Attest:
Name:
Title:
DO NOT SIGN
THIS ADDENDUM NOT USED
SEE SEPARATE ADDENDUM
DO NOT SIGN - SEE ADDENDUM
LESSEE (Company Name, if applicable)
By:
Name:
Attest:
(Seal) Name/Title:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
District Secretary
Legal Review:
District Counsel
Name:
28
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
ADDENDUM TO USE AND OCCUPANCY AGREEMENT
ITEM/SEGMENT NO.:
MANAGING DISTRICT:
F.A.P. NO.:
STATE ROAD NO.:
COUNTY:
PARCEL NO.:
4152301
62680-13-U
826
Miami -Dade
7756
THIS ADDENDUM ("Addendum") made effective on (the "Effective
Date") is an Addendum to that certain Use and Occupancy Agreement (the "Agreement)
between the State of Florida, Department of Transportation (the "Department" or "Lessor")
and City of Sunny Isles Beach (the "Lessee") (collectively, the "Parties") dated
RECITALS
WHEREAS, the Parties previously entered into an Airspace Agreement for Parcel 3129
(the "Leased Property") on July 31, 2009 (the "Prior Airspace Agreement");
WHEREAS, the Prior Airspace Agreement expired on July 31, 2019 (the "Airspace
Agreement Expiration"), and was not timely renewed due to delays in negotiations between the
Parties as to the renewal terms of the Prior Airspace Agreement;
WHEREAS, from the Prior Airspace Agreement Expiration up to the Effective Date,
Lessee has remained in possession of the Leased Property as a month -to -month tenant at will
pursuant to Section 83.04, Florida Statutes with Lessor's knowledge and approval, and
continued to pay rent in a timely manner through the Effective Date;
WHEREAS, the Parties further intend to divide the existing Lease into two separate
leases and to execute a new Agreement for the leasing of Parcel 7756 to the City; and
WHEREAS, the Parties are hereby entering into the new Agreement, to be executed
contemporaneously with this Addendum, and to be amended and supplemented by this
Addendum, for the purpose of retroactively establishing the terms of the Lessee's possession of
the Leased Property during the holdover period of the Prior Use and Occupancy Expiration
through the Effective Date of this Addendum (which shall also be the effective date of the
Agreement), and to establish a lease to commence on the Effective Date;
WHEREAS, in addition to the provisions contained in said Agreement, the terms and
conditions set forth herein shall be deemed to be a part thereof.
NOW THEREFORE, in consideration of the covenants, promises, understandings, and
agreements made by each Party to the other as set forth herein, Lessor and Lessee do hereby
mutually agree as follows:
Rev. 6/25 Page 1 of 9
29
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
ADDENDUM TO USE AND OCCUPANCY AGREEMENT
ITEM/SEGMENT NO.:
MANAGING DISTRICT:
F.A.P. NO.:
STATE ROAD NO.:
COUNTY:
PARCEL NO.:
AGREEMENT
4152301
62680-13-U
826
Miami -Dade
7756
1. The Recitals set forth above are incorporated into and are made a part hereof.
2. Paragraph 2: Term, is hereby deleted in its entirety and is replaced with the following:
Lessor does hereby lease unto Lessee the Leased Property described in Exhibit "A,"
attached hereto and made a part hereof, for a term beginning on the Effective Date and
ending on March 31, 2029 (the "Expiration"). If Lessee desires to continue leasing the
Leased Property, Lessee shall provide written notice to Lessor at least one hundred
eighty (180) days prior to the Expiration of the Agreement. If Lessor, in its sole discretion,
and in accordance with Lessor's procedures, determines that the Leased Property
continues to be available for lease, a new Use and Occupancy Agreement will be
required. The Lessee's failure to comply with the foregoing 180-day notice provision may
result in the Lessor's refusal to enter into a new Use and Occupancy Agreement.
If Lessee holds over and remains in possession of the Leased Property after the
Expiration specified in this Agreement, Lessee's tenancy shall be considered a tenancy
at sufferance, subject to the same terms and conditions as herein contained in this
Agreement.
This Agreement is subject to all utilities in place and to the maintenance thereof as well
as any other covenants, easements, or restrictions of record.
This Agreement shall be construed as a lease of only the interest, if any, of Lessor, and
no warranty of title shall be deemed to be given herewith.
3. Paragraph 3: Rent, is hereby deleted in its entirety and is replaced with the following:
This Lease is for a public purpose, at no consideration. In the event that the Lessee
determines to start utilizing the Leased Property for a commercial end -use producing
income and/or profit, Lessee shall first notify the Lessor of its intent and obtain the
Lessor's written consent prior to changing the use. Lessee's commercial end -use of the
Leased Property will be subject to a rental fee in accordance with the current rental
market, which shall be established, at Lessor's option, by Lessor's valuation staff or by
an appraisal of the Leased Property, provided at Lessee's expense. Lessee shall execute
a new lease, or an amendment to this Lease, providing for the monthly rental fee charged
by Lessor prior to changing the use of the Leased Property.
Rev. 6/25
Page 2 of 9
30
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
ADDENDUM TO USE AND OCCUPANCY AGREEMENT
ITEM/SEGMENT NO.:
MANAGING DISTRICT:
F.A.P. NO.:
STATE ROAD NO.:
COUNTY:
PARCEL NO.:
4152301
62680-13-U
826
Miami -Dade
7756
4. Paragraph 4: Use, Occupancy, and Maintenance, is hereby modified as follows:
Subparagraph 4.b. is hereby deleted in its entirety and is replaced with the following:
b. The Department intends to lease to the Lessee the Leased Property solely for the
benefit of the Lessee to provide public amenities and recreational facilities for the
general public, subject to the following conditions:
1. The primary designation of real property interest is and shall remain for
transportation purposes;
2. The use and occupancy of the real property interest for the public purpose
described above is only temporary; and
3. Upon termination of the term of the Agreement, the property shall revert to
transportation use.
The following improvements currently exist on the Leased Property: for which the
Lessee is responsible for all maintenance, park benches, decorative pavers, signs,
lighting, landscaping, and fencing (collectively, the "Existing Improvements"). The
Lessor hereby allows the Existing Improvements to remain until such time the
Agreement is terminated or expires. It is understood and agreed, however, that this
provision is of a temporary nature and is not intended to replace a permit or other
permanent authorization of the Lessor. Upon termination or Expiration of this
Agreement, the Lessee shall remove all Existing Improvements and restore the
Leased Property to a like or similar condition as existed prior to the placement of the
Existing Improvements by Lessee on the Leased Property. Lessee agrees to
coordinate removal of the Existing Improvements with Lessor and to exercise due care
to mitigate any adverse effects on Lessor's abutting infrastructure.
The City will not use or occupy the Leased Property for any unlawful purpose and will
conform to and obey any present or future ordinances and/or rules, regulations,
requirements, and orders of governmental authorities or agencies. The City shall
prohibit overnight camping, sleeping, and cooking in the Leased Property.
If the City installs a locking gate or barrier, or other means of restricting access to the
Leased Property, a duplicate set of keys will be provided to the Department.
Rev. 6/25
Page 3 of 9
31
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
ADDENDUM TO USE AND OCCUPANCY AGREEMENT
ITEM/SEGMENT NO.:
4152301
MANAGING DISTRICT:
Six
F.A.P. NO.:
62680-13-U
STATE ROAD NO.:
826
COUNTY:
Miami -Dade
PARCEL NO.:
7756
Subparagraph 4.d. is hereby deleted in its entirety and is replaced with the following:
d. Any change in the authorized use of the Leased Property or revision in the design
described in Exhibit "B" shall require prior written approval from the District Six,
District Secretary, subject to FHWA approval. No improvements (moveable, fixed,
temporary, or otherwise), including, but not limited to, signs or sign structures, shall
be placed, installed, or constructed on the Leased Property without the prior written
approval of the District Secretary for District Six of Lessor, subject to FHWA approval,
and subject to Lessor's regulations and guidelines.
Subparagraph 4.e. is hereby deleted in its entirety and is replaced with the following:
e. The Department, through its duly authorized representatives, employees, and
contractors, and any authorized FHWA representative, may enter the Leased
Property at any time for the purpose of inspection, maintenance, or reconstruction of
the highway, its adjacent facilities, or the Department's improvements and features
within the Leased Property, when necessary; or for the purpose of surveying, drilling,
monitoring well installations, sampling, remediation, and any other action which is
reasonable and necessary to conduct an environmental assessment or to abate an
environmental hazard.
Subparagraph 4.f. is hereby deleted in its entirety and is replaced with the following:
f. During the lease term, Lessee will be responsible for the maintenance of the Leased
Property. Lessee, at Lessee's sole cost and expense, shall maintain the Leased
Property so as to assure that the structures and the area within the highway right-of-
way boundaries will be kept in good condition, both as to safety and appearance.
Such maintenance will be accomplished in a manner so as to cause no unreasonable
interference with the highway use. Lessee shall ensure vertical and horizontal access
to the Department for maintenance purposes. In the event that Lessee fails to so
maintain the Leased Property, the Department, through its duly authorized
representatives, employees, and contractors, may enter the facility to perform such
work, and the cost thereof shall be chargeable to the Lessee and shall be immediately
due and payable to the Department upon the performance of such work.
Lessee shall keep the Leased! Property in a clean, sanitary, and safe condition in
accordance with all applicable laws, rules, and regulations of government agencies
having jurisdiction. In the event of any damage to the Leased Property, Lessee shall
ensure that the Leased Property is secured in order to avoid injury to third parties,
and Lessee shall immediately coordinate with the Department in order to undertake
Rev. 6/25 Page 4 of 9
32
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
ADDENDUM TO USE AND OCCUPANCY AGREEMENT
ITEM/SEGMENT NO.:
MANAGING DISTRICT
F.A.P. NO.:
STATE ROAD NO.:
COUNTY:
PARCEL NO.:
4152301
Six
62680-13-U
826
Miami -Dade
7756
the necessary repairs in accordance with the Department's guidelines, when
appropriate.
Subparagraph 4.g. is hereby deleted in its entirety and is replaced with the following:
g. Portable or temporary advertising signs are prohibited. Directional signs indicating
entrances, exists, etc. are permitted. Such signs must be designed and installed to
meet applicable standards of the Department. Such signs may be illuminated if
permitted by local or county sign codes.
Subparagraph 4.1. is deleted in its entirety and is replaced with the following:
Any activities in any way involving hazardous materials or substances of any kind
whatsoever, either as those terms may be defined under any state or federal laws or
regulations, or as those terms are understood in common usage, are specifically
prohibited. The use of petroleum products, pollutants, and other hazardous materials
affecting the Leased Property is prohibited. Lessee shall be held responsible for the
performance of and payment for any environmental remediation that may be
necessary, as determined by the Department. Similarly, if any contamination either
spread to or was released onto adjoining property as a result of Lessee's use of the
real property interest under lease, the Lessee shall be held similarly responsible. The
Lessee shall indemnify, defend, and hold harmless the Department from any claim,
loss, damage, cost, charge, or expense arising out of any such contamination.
The Lessee's obligations in this subparagraph 4.1. shall survive the expiration or
termination of this Agreement with respect to any claims which may result from
incidents occurring during the term of this Agreement.
Subparagraph 4.m. is deleted in its entirety and is replaced with the following:
m. Existing utilities and easements upon, under, over, or within the Leased Property shall
remain in place. Lessee shall allow any utility owner to access and enter upon the
Leased Property in order to perform maintenance on said utility. Lessee shall not
disturb or interfere with said utilities or easements. If a utility owner which has a utility
that is placed upon, under, over, or within the Leased Property determines, in its sole
discretion, that the Lessee's use of the Leased Property to be interfering in any way
with the convenient, safe, or continuous use, or the maintenance, improvement,
extension, or expansion, of such utility, the Lessee shall, upon reasonable written
notice to Lessee by the Department, initiate any work necessary to cease any
activities interfering with the utility and/or remove any improvements or other personal
Rev. 6/25 Page 5 of 9
33
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
ADDENDUM TO USE AND OCCUPANCY AGREEMENT
ITEM/SEGMENT NO.:
MANAGING DISTRICT:
F.A.P. NO.:
STATE ROAD NO.:
COUNTY:
PARCEL NO.:
4152301
Six
62680-13-U
826
Miami -Dade
7756
property ("Obstructions") from the Leased Property at Lessee's sole cost and
expense. The work must be completed within such reasonable time as stated in the
notice or such time as agreed to separately by the utility owner and Lessee.
Notwithstanding the foregoing, in the event of emergency maintenance by a utility
owner, immediately upon notice to Lessee by the Department, the Lessee shall cease
any activities interfering with the utility and/or remove any Obstructions from the
Leased Property at Lessee's sole cost and expense. In the event Lessee fails to do
so, the utility owner may enter the Leased Property and, with no obligation to repair
or replace same, has the right to stop any activities interfering with the utility and/or
remove or demolish any Obstructions on the Leased Property at the sole cost and
expense of Lessee. Lessee shall hold harmless the Department from any claim, loss,
damage, cost, charge, or expense arising out of actions by utility owners under this
subparagraph.
Subparagraph 4.n. is added at the end of Paragraph 4:
n. The Leased Property shall be used only for the proposed use set forth in subparagraph
4.b. of this Agreement. Lessee shall, at its own cost and expense, obtain all licenses,
permits, or other approvals necessary for the proposed use of the Leased Property, if
any. Lessee shall provide the Department with copies of said licenses, permits, or
other approvals upon request of the Department.
Subparagraph 4.o. is added at the end of Paragraph 4:
o. Lessee shall perform, at the sole expense of Lessee, all work required in the
preparation of the Leased Property for occupancy by Lessee, in the absence of any
special provision herein contained to the contrary; and Lessee does hereby accept
the Leased Property as now being in fit and tenantable condition for all purposes of
Lessee. Lessor reserves the right to inspect the Lease Property and to require
whatever adjustment to structures or improvements as Lessor, in its sole discretion,
deems necessary. Any adjustments shall be done at Lessee's sole cost and expense.
5. Paragraph 7: Termination, is hereby modified as follows:
Subparagraph 7.f. is deleted in its entirety and is replaced with the following:
This Agreement is terminable by the Department in the event that the Leased Property
ceases to be used for its intended purpose, is abandoned, or if use of the Leased Property
Rev. 6/25 Page 6 of 9
34
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
ADDENDUM TO USE AND OCCUPANCY AGREEMENT
ITEM/SEGMENT NO.:
MANAGING DISTRICT:
F.A.P. NO.:
STATE ROAD NO.:
COUNTY:
PARCEL NO.:
4152301
Six
62680-13-U
826
Miami -Dade
7756
is required by the Department for transportation, construction, maintenance, or
emergency purposes.
6. Paragraph 9: Miscellaneous, is hereby modified as follows:
Subparagraph 9.a. is deleted in its entirety and is replaced with the following:
a. Lessee shall not sublet the Leased Property or any part thereof, nor assign this
Agreement, without the prior consent in writing of the Lessor, whose consent shall
not be unreasonably delayed or withheld, and subject to concurrence by FHWA. This
Agreement is being executed by Lessor upon the credit and reputation of Lessee.
Acceptance by Lessor of rental from a third party shall not be considered as an
assignment or sublease, nor shall it be deemed as constituting consent of Lessor to
such an assignment or sublease. Lessee shall not allow any liens or other
encumbrances to attach to the Leased Property.
Subparagraph 9.i. is deleted in its entirety and is replaced with the following:
All notices, requests, demands, consents, approvals, and other communications
which are required to be served or given under this Agreement shall be in writing and
shall be delivered by either hand delivery, by a nationally recognized courier (such
as FedEx or UPS), or by the United States Postal Service, sent Certified Mail, return
receipt requested, postage paid, to the following addresses:
To Lessor: Florida Department of Transportation
1000 NW 111 th Avenue, Room 6105-B
Miami, Florida 33172
Attention: Right of Way Manager
To Lessee: Sunny Isles Beach Government Center
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Attention: Deputy City Manager
or to such other addresses as either Party may designate in writing from time to time.
If the notice requires signature by the Lessee or Lessor, the notice shall be deemed
served on the date of the notice was signed for by the Lessee or Lessor. If the notice
does not require signature by the Lessee or Lessor, or the Lessee or Lessor is
unavailable to sign for the notice if signature by the Lessor or Lessor is required, then
Rev. 6/25 Page 7 of 9
35
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
ADDENDUM TO USE AND OCCUPANCY AGREEMENT
ITEM/SEGMENT NO.:
MANAGING DISTRICT:
F.A.P. NO.:
STATE ROAD NO.:
COUNTY:
PARCEL NO.:
4152301
Six
62680-13-U
826
Miami -Dade
7756
notice shall be deemed served five (5) business days after the date the notice was
given to the courier or deposited in a United States Post Office receptacle.
Subparagraph 91 is added at the end of Paragraph 9:
t. Neither the Lessor nor the Lessee shall record the Agreement or this Addendum in
the Public Records.
7. Except as modified in this Addendum, all other terms and conditions of the Agreement
remain unchanged and are hereby confirmed and ratified by the Lessee and the Lessor.
Where the terms of this Addendum conflict with the definitions, provisions or terms of the
Agreement, this Addendum shall control.
[REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK. SIGNATURES FOLLOW.]
Rev. 6/25 Page 8 of 9
36
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
ADDENDUM TO USE AND OCCUPANCY AGREEMENT
ITEM/SEGMENT NO.:
MANAGING DISTRICT:
F.A.P. NO.:
STATE ROAD NO.:
COUNTY:
PARCEL NO.:
4152301
Six
62680-13-U
826
Miami -Dade
7756
IN WITNESS WHEREOF, the Parties hereto have caused these presents to be executed,
the day and year first above written.
On behalf of Lessee
CITY OF SUNNY ISLES BEACH
By:
Name: "�t*n molirl S
Title:
t,'IT
Attest:"
IQme:...�"
i
Title l
Rev. 6/25
U0 UNIN �
ME M1,
On behalf of Lessor
STATE OF FLORIDA, DEPARTMENT
OF TRANSPORTATION
By:
District Secretary
Name: Daniel Iglesias, P.E.
Attest:
Name/Title: Helen Bosque
Executive Secretary
Legal Review:
Name: Michelle Garrido, Esq.
Senior Attorney
Page 9 of 9
37
Exhibit "A"
Legal Description
�V
EXHIBIT "A"
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
THIS
SURVEY
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W
STATE PARK
S
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LOCATION MAP
J
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NOT TO SCALE
LEGEND:
E =
Baseline
E.O.P.
Edge of pavement
F.D.O.T. =
Florida Department
of Transportation
RGE. =
Range
R/W =
Right of Way
PG. =
Page
P.0.C. =
Point of Commencement
P.O.B. =
Point of beginning
SEC. =
Section
SEG. =
Segmant
S.R. =
State Road
STA. =
Station
TWP. =
Township
is document consists of 3 sheets
d neither shall be considered full, valid
d complete without the other.
te: 6/02/2026
,t85 Calvin. Giordano a Associates, Inc.
aleVE
s h, a SAFECuilt COMP0.tiv
1800 -1ler 91, 1 S,,. 500.=o �a�dertlme.=! ?33:c
NOTES:
1. Bearings and coordinates as shown here on
are relative to the State Plane Coordinates
System, Florida East Zone (0901), North
American Datum of 1983/2011.
2. All bearings and distances are calculated
unless otherwise noted.
3. See attached for legal description.
4. Baseline of Survey and Right of Way Lines
shown hereon are based on a Florida
Department of Transportation Right of Way
Control Survey Map for State Road 826 /
N.E. 163rd Street / Sunny Isles Boulevard,
from State Road 5 to State Road Al A. FM
452562-1, Dated on August 30, 2024
Total Area = 23,969 square feet.
CERTIFICATION:
I hereby certify that this SKETCH TO ACCOMPANY LEGAL
DESCRIPTION is in compliance with the Standards of
Practice as set forth by the Florida Board of
Professional Land Surveyors and Mappers as referenced
in Rule 5J-17, Florida Administrative Code pursuant to
Section 472.027, Florida Statutes.
Certified this.day of 11 .n 2026
=aid A'€
Steven M. Watt
Florida Professional Surveyor and Mapper
Florida Registration No. 4588
THIS IS NOT A SURVEY
F.D.O.T. PARCEL 7756 Florida Department of Transportation, District VI
SR No.: 826
Section No.:87170-2517
F.M. Number: N/A
County. Miami —Dade
Sheet 1 of 3
39
786.55'
1/4, SEC. 14-52-427 EXHIBIT "A"
SKETCH OF LEGAL DESCRIPTION
I--P.O.C.
NW CORNER, NW 1 /4.
/
3�
SECTION 1 52-42
N 581448.9.958
Q
E 941:522.942
Q� Q
d7
Cj VO=0Jv
\ h Cj y
SCALE. 1 "=60'
h h
F
112+00 N $4.•08'07" 1
J�R, 826 15LE.
-7 STBOUND,
n.O.T. R/W MAP —SECTION 87170-2517
S.R. 826 (SUNNY ISLES BLVD.)
F.D.O.T. R1W MAP -SECTION
THIS IS NOT A SURVEY
This document consists of 3 sheets
and .neither shall be considered full, o�
valid and complete without the other.
112+
SURVEY WESTBOUND,
S.R. 826 (SUNNY ISLES BLVD.)
F,D,0,17. R/W MAP
SECTION 87170-2517
SOUTH R/W
F,D,O,T.
fH R/W LINE, S,R. 826 (SUNNY ISLES BLVD.)
F.D,O.T. R/W MAP —SECTION 87170-2517
'0P 111
O� �r •M o y
4 15
L3 a^h O 3
v A=87'49'28" L1 v
o 1, R=2,50' `t
C ( L=3,83' W
NV
Q
eenlel C7
PARCEL rN86-21-38-t-
7756 00,5' CONCRETE
CURB
env v
LINE TABLE a
48' b
N
Lt N83' 00' 37"W
20.73'
2�4
L2 N04' 48' 50"E
10.557
L3 N82' 57' 47"W
24.76'
tv
L4 S07' 20' 38"W
4,3W
h'06
L5 N81' 48' 54"W
18.04'
0
L6 S02' 41' 18"E
5.65'
My
L7 S88' 46' 47"E
15.98'
try
L8 N34. 59' 59'E
19.21'
L9 N21' 19' 46"E
10.96'
L10 N27' 21' WE
17.27'
jW
L11 N33' 22' 24"E
11.84'
L12 N36' 49' 53"E
20.58'
n
L13 N61' 57' WE
7,70'
Ca(vin, Giordano & Associates, Inc.
g5AFE6ulIY COMPANY
X' 5B0 Village Blvd., Sake 325, West Palm Bauch -L 33409
Phone: 561.684.6161 +F- 561G84.6360
BACK OF
-9822'31" CONCRETE
R=2,00' SIDEWALK
L=3,43'
114+00
bq
115+00
chIAIN LINK FENCE
• 74 » (CONSTRUCTION)
S,R, 826 (SUNNY ISLES BLVD.) _
MAP —SECTION 87170-2517
F.D.O.T. PARCEL 7756 Florida Department of Transportation,
SR No.: 826
Section No.:87170-2517
F.M. Number: N/A
VI
County-. Miami —Dade Sheet 2 of 3
40
EXHIBIT "A"
LEGAL DESCRIPTION
IF.D.O.T. - PARCEL 7756
A parcel of land being a portion of Sunny Isles Boulevard, S.R. 826, F,D.O.T. Right -of -Way Map, Section 87170-2517, and being
a portion of the Northwest One -Quarter (NW 1/4), Section 14, Township 52 South, Range 42 East, said parcel of land being
more particularly described as follows:
Commence at the Northwest corner of the said Northwest One -Quarter (NW 1/4) Section 14, Township 52 South, Range 42
East;
Thence North 86'41"43" East along the North Line of the said Northwest One -Quarter (NW 1/4), a distance of 786.55 feet;
Thence South 03'18'17" East a distance of 148.64 to the Point of Beginning;
Thence South 88'52'57" East a distance of 57.65 feet to a point on the arc of non -tangent curve concave to the East, a
radial line of said curve through said point having a bearing of N63'07'36"W;
Thence Southerly along the arc of said curve to the left, having a central angle of 16'33'40" and a radius of 194.34 feet for an
arc distance 56.17 feet to a point on a non -tangent line;
Thence North 83'00'37" West a distance of 20.73 feet to a point of curvature of a tangent curve concave to the Northeast;
Thence Westerly, Northwesterly and Northerly along the arc of said curve to the right, having a central angle of 87'49'28" and a
radius of 2.50 feet for an arc distance of 3.83 feet to a point of tangency;
Thence North 04'48'50" East a distance of 10.55 feet;
Thence North 82'57'47" West a distance of 24.76 feet;
Thence South 07'20'38" West a distance of 4.35 feet;
Thence North 81'48'54" West a distance of 18.04 feet;
Thence South 06'00'42" West a distance of 49.87 feet to the point of curvature of a non -tangent curve concave to the East,
a radial line of said curve through said point having a bearing of N86'21'38"W;
Thence Southerly, along the arc of said curve to the left, having a central angle of 3'28'16" and a radius of 804.46 feet for on
arc distance 48.74 feet to a point on a non -tangent line;
Thence South 02'41'18" East a distance of 5.65 feet;
Thence South 88'46'47" East a distance of 15.98 feet to the point of curvature of tangent curve concave to the Southwest;
Thence Easterly, Southeasterly and Southerly along the arc of said curve to the right, having a central angle of 98'22'31" and a
radius of 2.00 feet for on arc distance of 3.43 feet to a point of tangency;
Thence South 09'35'44"West a distance of 73.32 feet;
Thence South 09'46'44"West a distance of 66.49 feet to the South Right -of -Way line of said Sunny Isles Boulevard (S.R. 826);
Thence North 86'37'40"West, along the said South Right -of -Way line, a distance of 89.60 feet to the water's edge of the
Intracoastal Waterway, the following 14 courses are along said water's edge;
Thence North 28'57'13"West a distance of 33.10 feet;
Thence North 05'10'59" East a distance of 26.51 feet;
Thence North 00'39'15" East a distance of 28.64 feet;
Thence North 26'11'56" East a distance of 35.90 feet;
Thence North 2459' 16" East a distance of 27.48 feet;
Thence North 34'59'59" East a distance of 19.21 feet;
Thence North 2119'46" East a distance of 10.96 feet;
Thence North 27'21'05" East a distance of 17.27 feet;
Thence North 37'30'08" East a distance of 31.84 feet;
Thence North 3322'24" East a distance of 11.84 feet; This document consists of 3 sheets
Thence North 36"49'53" East a distance of 20.58 feet; and neither shall be considered full, valid
Thence North 36'17'35" East a distance of 27.08 feet; and complete without the other.
Thence North 5926' 19" East a distance of 33.16 feet;
Thence North 61'57'04" East a distance of 7.70 feet to the Point of Beginning;
Said lands situate within the the City of Sunny Isles Beach, Miami Dade County,
Florida, containing 23,969 square feet, more or less. THIS IS NOT A SURVEY
Uum. 0'"`'`U40 F.D.O.T. PARCEL 7756 Florida Department of Transportation, District vl
8
a5s Calvin, Giordano 6 Associates, Inc. SR No.: 826
1.
a5�ti°°"°MPS Section No.:87170-2517
1800 Eller Drive. Suite 600. Fort Lauderdale. FL 33316
Phone: 954.92L778I-r-954.92L8807 F.M. Number: N/A
Certificate of Authorization County. Miami -Dade Sheet 3 of 3
41
Exhibit "B"
42
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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: July 16, 2026
RE: Approval of a Use and Occupancy Agreement with FDOT for Parcel Number
7756 - Bella Vista Bay Parking
RECOMMENDATION:
This item is presented for consideration by the City Commission.
REASONS:
The City previously entered into an Airspace Agreement with FDOT for use of State land as a public
parking area and open green space in Parcel Number 7756. This area was named Bella Vista Bay Parking
lot and has been operating as a public pay -for -parking lot and green open space and patio area with
benches. It is located immediately adjacent to the city -owned Bella Vista Bay Park at 500 Sunny Isles
Blvd.
The previous agreement is expired and we are currently operating on a month -to -month basis. In order
to continue to lease the same area we currently lease, FDOT is requiring us to enter into two new
agreements to denote the areas that are used for public pay -for -parking lot and the open green space.
This agreement is for the green open space, Parcel Number 7756. This agreement allows for a future
park development if the City Commission so desires in the future. Without any park -like improvements,
this agreement is required to maintain the area as it currently exists, status quo.
The paved parking area will be reallocated to the new Use and Occupancy Agreement for Parcel
Number3129.
ADDITIONAL INFORMATION:
The term begins on the Effective Date and ends on March 31, 2029 at which time a new lease agreement
Item Number: 9.A
19
will be required.
With approval of this item, the City may consider a sublease agreement of this parcel with approval by
the City Commission at a future time. Exhibit B reflects the potential use. If a sublease was to be
approved by the City Commission, a final design would require approval by FDOT before the sublease
could be entered into. MOT required a sample area to be included in Exhibit B with Exhibit A denoting
the existing conditions.
FUNDING SOURCE:
No funding is required for this item.
ATTACHMENTS:
Use & Occupancy Agreement - 7756
Item Number: 9.A
20