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HomeMy WebLinkAboutReso 99-160RESOLUTION NO.99-_L6O_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING LEASE AGREEMENT WITH FDOT FOR PUBLIC PARKING ON PARKING LOTS 1, 2, 3 UNDER THE WILLIAM LEHMAN CAUSEWAY, ATTACHED AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH LEASE AND TO TAKE WHATEVER ACTION IS NECESSARY TO FURTHER THE AIMS OF THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 11, 1999, the City Commission by Resolution No. 99-128, directed the City Manager to negotiate a lease agreement for parking facilities for public use with the Florida Department of Transportation (FDOT) on the below mentioned lots; and WHEREAS, this lease agreement was submitted by the Florida Department of Transportation for the City Commission's approval; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: 1. Approval of Agreement The Lease Agreement by and between the Florida Department of Transportation and the City of Sunny Isles Beach, attached hereto as Exhibit "A" is hereby approved and the City Manager is hereby authorized to take whatever action is necessary to further aims of the agreement. 2. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 14`h day of October, David Samson, ATTEST: A Richard Bi�wn-Morilla, City Clerk LMD:ch/10/08/99-8:55 AM APPROVED AS TO FORM AND LEGAL SUFFICIENCY tyfk Dannheisser, City Attorney Moved by: ►isr.-�� Second by: < V VOTE: 1;-�-o Mayor Samson %/'(Yes) (No) Vice Mayor Turetsky L/(YeS) (No) Commissioner Iglesias c/(YeS) (No) Commissioner Kauffinan V(Yes) (No) Commissioner Morrow r/(Yes) (No) LMD:ch/10/08/99-8:55 AM 2 'lease return the executed original to: Cichard Brown-Morilla, City Clerk ;ity of Sunny Isles Beach FATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LEASE AGREEMENT FORM 575-050.33 7070 Collins Avenue, Suite 250 RIGHT OF WAY , 09/94 TUNNY ISLES BEACH FL 33160 Page I of 5 Item/Segment No. 248831-1 State Project No. 87013-2509 W.P.I. No. 6113008 F.A.P. No. N/A State Road No. 856, Wm Lehman Cswy County Miami Dade City Sunny Isles Beach Parcel No. 6000 (Exhibit B)(Lot 3) & Parcel No. 6001 (Exhibit A)(Lots 1 & 2) THIS AGREEMENT, made this1&-11-day of re-bru a rq , jS34M, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, (hereina er called the Lessor) , and CITY OF SUNNY ISLES BEACH (hereinafter called the Lessee), WITNESSETH: In consideration of One Dollar ($1.00) and other good and valuable considerations, the Parties agree as follows: 1. Property and Term. Lessor does hereby lease unto Lessee the lands described in Exhibit "A" for Parking Lot 1 and 2, and also the lands described in Exhibit "B" for the Parking Lot 3, for a term of ten (10) years beginning Qa2 -/tP - .?DOQ and ending QQ -1& - aQ Q1 Q . This Agreement maybe renewed for an additional five year term at Lessee's option, subject to the rent adjustment as provided in Paragraph 3 below. Lessee shall provide Lessor 120 days advance written notice of its exercise of the renewal option. If Lessee holds over and remains in possession of the land after the expiration of the term specified in this Lease, or any renewals of such term, Lessee's tenancy shall be considered a tenancy at sufferance, subject to the same terms and conditions as herein contained in this Lease. This Lease is subject to all utilities in place and to the maintenance thereof as well as any other covenants, easements, or restrictions of record. This lease 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. 2. Use. The leased land shall be used solely for the purpose of parking motor vehicles and installation of parking meters for public use . If the land is used for any other purpose, the Lessor shall have the option of immediately terminating this Agreement. Lessee shall not permit any use of the land in any manner that would obstruct or interfere with any transportation facilities. No signs are permitted in the leased area. The Lessee will further use and occupy said premises in a careful and proper manner, and not commit any waste thereon. Lessees will not cause, or allow to be caused, any nuisance or objectionable activity of any nature on the premises. 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 Lessee will not use or occupy said premises for any unlawful purpose and will, at Lessee's sole cost and expense, conform to and obey any present or future ordinances and/or rules, regulations, requirements and orders of governmental authorities or agencies respecting the use and occupation of said premises. 3. Rent. Lessee shall pay to Lessor as rent, on or before the first day of each rent payment period, the sum of one 1.00 plus tax, for each one ear of the term. If this Agreement is terminated prior to the end of any rent payment FORM 575-060-33 RIGHT OF WAY . 09/94 Page 2 of 5 period, the unearned portion of any rent payment, less any other amounts that may be owed to Lessor, shall be refunded to Lessee. Lessee shall pay any and all state, county, city and local taxes that may be due during the term hereof, r including any real property taxes. Rent payments shall be made payable to the Department of Transportation and shal be sent to Ri ht of Wa Administration 1000 NW 111 Ave. Miami Florida 33172. The Lessor reserves the right to review and adjust the rental fee biennually and at renewal to reflect market conditions. Any installment of rent not received within ten (10) days after the date due shall bear interest at the highest rate allowed by law from the due datV thereof. This provision shall not obligate Lessor to accept late rent payments or provide Lessee a grace period. 4. Improvements. No structures or improvements of any kind shall be placed upon the land without prior approval in writing by the District Secretary for District VI of Lessor. Any such structures or improvements shall be constructed in a good and workmanlike manner at Lessee's sole cost and expense. Subject to any landlords lien, any structures or improvements constructed by Lessee shall be removed by the Lessee, at Lessee's sole cost and expense, by (/ midnight on the day of termination of this Agreement and the land restored as nearly as practical to its condition at the time this agreement is executed. Portable or temporary advertising signs are prohibited. Lessee shall perform, at the sole expense of Lessee, all work required in the preparation of the property or premises hereby leased for occupancy by Lessee, in the absence of any special provision herein contained to the contrary; and Lessee does hereby accept the leased property or premises as now being in fit and tenantable condition for all purposes of Lessee. Lessor reserves the right to inspect the leased area 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 costs and expense. 5. Maintenance. Lessee shall keep and maintain the land and any building or other structure, now or hereafter erected thereon, in good and safe condition and repair at Lessee's own expense during the existence of this lease, and shall keep the same free and clear of any and all grass, weeds, brush and debris of any kind, so as to prevent the same becoming dangerous, inflammable or objectionable. Lessor shall have no duty to inspect or maintain any of the land, buildings or other structures, if any, during the term of this Lease; however, Lessor shall have the right, upon twenty-four (24) hours notice to Lessee, to enter the property for purposes of inspection, including conducting an environmental assessment. Such assessment may include but would not be limited to: surveying; sampling of building materials, soil and groundwater; monitoring well installations; soil excavation; groundwater remediation; emergency asbestos abatement; operation and maintenance inspections; and, any other action which might be reasonable and necessary. Lessor's right of entry shall not obligate inspection of the property by Lessor, nor shall it relieve the Lessee of its duty to maintain the property. In the event of emergency due to a release or suspected release of hazardous waste on the premises, Lessor shall have the right of immediate inspection, and the right, but not the obligation, to engage in remedial action, without notice. 6. Indemnification. Lessee shall indemnify, defend, save and hold Lessor, its agents and employees, harmless of and from any losses, fines, penalties, costs, damage, claims, demands, suits and liabilities of any nature, including attorneys fees (including regulatory and appellate fees), arising out of, because of, or due to any accident, happening or occurrence on the leased land or arising in any manner on account of 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 Lessor. Lessee's obligation to indemnify, defend, and pay for the defense or at the Department's option, to participate and associate with the Department in the defense and trial of any claim and any related settlement negotiations, shall be triggered by the Department'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 FORM 575-060-33 RIGHT OF WAY -09/94 Page 3 of 5 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. Department's failure to notify Lessee of a claim shall not release Lessee of the above duty to defend. V/ 7. Insurance. Lessee at its expense, shall maintain at all times during the term of this Lease, public liability insurance protecting Lessor and Lessee against any and all claims for injury and damage to persons or property or 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 zero dollar ($0) for bodily injury or death to any one person or any number of persons in any one occurrence and not less than zero dollar ($0) for property damage. All such policies shall be issued by companies of recognized responsibility 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 unless Lessor is given at lease sixty (60) days prior written notice of such cancellation or modification. Lessee shall provide Lessor certificates showing such insurance to be in place and showing Lessor as additional named insured under the policies. Lessor may require the amount of any public liability insurance to be maintained by Lessee be increased so that the amount thereof adequately protects Lessor's interest. Lessee further agrees that it shall during the full term of this Lease and at its own expense keep the land and any improvements on the land fully insured against loss or damage by fire and other casualty. Lessee also agrees that it shall during the full term of this Lease and at its own expense keep its contents and personal property located on the land fully insured against loss or damage by fire or other casualty and does hereby release and waive on behalf of itself and its insurer, by subrogation or otherwise, all claims against Lessor arising out of any fire or other casualty whether or not such fire or other casualty shall have resulted in whole or in part from the negligence of Lessor. 8. Eminent Domain. Lessee acknowledges and agrees that its relationship with Lessor under this Lease is one of Landlord and Tenant and no other relationship either expressed or implied shall be deemed to apply to the parties under this Lease. Termination of this Lease 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 Lease, including but not limited to (i) any residual interest in the Lease, or (ii) any other facts or circumstances arising out of or in connection with this Lease. Lessee hereby waives and relinquishes any legal rights and monetary claims which it might have for full compensation, or damages of any sort, including but not limited to special damages, severance damages, removal costs or loss of business profits resulting from its loss of occupancy of the leased property specified in this Agreement, or adjacent properties owned or leased by it, when any or all such properties are taken by eminent domain proceedings or sold under the threat thereof . This waiver and relinquishment applies whether (i) this Lease is still in existence on the date of taking or sale; or, (ii) has been terminated prior thereto. 4 9. Miscellaneous. a. This Agreement may be terminated by Lessor immediately, without prior notice, upon default by Lessee hereunder, and may be terminated by either party upon thirty (30) days prior written notice to the other party. b. In the case of litigation arising out of the enforcement of any terms, covenants or provisions of this Lease, the prevailing party shall be entitled to recover its reasonable attorneys' fees from the non -prevailing party. c. Lessee acknowledges that it has reviewed this Lease, is familiar with its terms and has had adequate opportunity to review this Lease with legal counsel of Lessee's choosing. Lessee has entered into this Lease freely and voluntarily. This Lease 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 the previous owner of the leased property and landlord of Lessee are merged in this Lease, which alone, fully and completely expresses the agreement between Lessee and Lessor with respect to the subject matter hereof . No I 'F/ FORM 575-060-33 RIGHT OF WAY - 09/94 Page 4 of 5 modification, waiver or amendment of this Lease or any of its conditions or provisions shall be binding upon Lessor or Lessee unless in writing and signed by both such parties. d. Lessee shall not sublet the leased property or any part thereof, nor assign this Lease, without the prior consent in writing of Lessor, this Lease being executed by Lessor upon the credit and reputation of Lessee. Accqitance b s a� shall r be considered as an �F-sublease:- e. 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 land. f. This Agreement shall be governed by the laws of the State of Florida, and any applicable laws of the United Vel States of America. g. All notices to Lessor shall be sent to the address for rent payments and all notices to Lessee shall be sent to the property address. FORM 575-060-33 RIGHT OF WAY - 09/94 Page 5 of 5 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. APPROVED AS TO FORM, STATE OF FLO DEPARTMENT 0 TRA 1 etary P.E. TATION Attest:�"`� G (SEAL) Executive Secretary Margaret Higgins LESSOR By: Title: G �— l�vow�."'�►`�,►IA0. Attest: (SEAL) Title: LESSEE h:ltxrW worCsunnyis1.004 0 ADDENDUM TO LEASE AGREEMENT Item/Segment No. WPI No. State/Job No. FAP No. SR No. County 248831-1 6113008 87013-2509 N/A 856,Wm. Lehman Cwy Miami Dade City Sunny Isles Beach Parcel No. 6000 (Exhibit B)(Lot 3) & Parcel No. 6001 (Exhibit A)(Lots 1 & 2) THIS AGREEMENT, made this X day of FebrU,6 of 2000, shall serve as an ADDENDUM to the Lease Agreement made this IjW% day of, Fe- Jeuaxu 2000, by and between the FLORIDA DEPARTMENT OF TRANSPORTATION, as lessor and the CITY OF SUNNY ISLES BEACH, as lessee. In addition to the provisions contained in the Lease Agreement, the following terms and conditions supersede the language contained in the Lease Agreement. 1. USE. Parking motor vehicles and installation of parking meters for public purposes. 2. INDEMNITY AND INSURANCE. To the extend provided by law the CITY OF SUNNY ISLES BEACH (CSIB) shall indemnify, defend, and hold harmless the FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) 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 CSIB, its agents, or employees, during the performance of the Agreement, except that neither CSIB, 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 FDOT or any of its officers, agents, or employees during the performance of the Agreement. When FDOT receives notice of claim for damages that may have been caused by CSIB in the performance of services required under this Agreement, FDOT will immediately forward the claim to CSIB. CSIB and FDOT 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 FDOT will determine whether to require the participation of CSIB in the defense of the claim or to require that CSIB to defend FDOT in such claim as described in this section. The FDOT's failure to promptly notify CSIB of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by CSIB. The FDOT and CSIB will each pay its own expenses for the evaluation, settlement negotiation, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. H. Itx6al-work1sunnyiA008 Page Two doov AN ADDENDUM made this Day of bt'uLu' Of J9", TO LEASE AGREEMENT, dated Day of 000 Item/Segment No. WPI No. State/Job No. FAP No. State Road No. County City Parcel No. Parcel No. 248831-1 6113008. 87013-2509 N/A 856, Wm Lehman Cswy Miami Dade City of Sunny IslesBeach 6000 (Exhibit B)(Lot 3) & 6001(Exhibit A)(Lots 1 & 2) All other terms and conditions of the Lease Agreement remain unchanged and with this confirmed and ratified by Lessor and Lessee. h: txt\al_work\.sunnyisl.008 LESSOR STATE OF FLC DEPARTMENT .►M Di RTATION LESSEE CITY OF SUNNY ISLES BEACH Irrm!, /I EXHIBIT "A" State Road No.: 856 Miami -Dade County Miami, Florida Parking Lots 1 & 2 April 15, 1999 Description of a parcel of land for the sole purpose of leasing this parcel of land from the Florida Department of Transportation to the City of Sunny Isles Beach. LEGAL DESCRIPTION That portion of State Road No. 856 Right -of -Way lying in Section 2, Township 52 South, Range 42 East, Miami -Dade County, Florida, bounded as follows: BOUNDED on the West by the Easterly boundary of the Intracoastal Waterway; BOUNDED on the South by the South Limited Access Right of Way Line of S.R. 856 from approximately station 572+33 to station 483+50, Centerline of Construction, according to Construction Plans for Project 87013-3509 and 87013- 3511, then on a 900 Angle to the North to the inside line of a 5' sidewalk, continue along this inside line to the West, then Westerly, Northwesterly and Northerly around a 10' radius return then Northerly to the inside of a continuous shoulder gutter starting at approximately station 383+20 Baseline Ramp "C", then Easterly along said continuous shoulder gutter to approximately station 387+48 Baseline Ramp "C"; BOUNDED on the East by a type "F" concrete curb and gutter going Northerly from approximately station 666+80 to approximately station 668+56 Baseline South -bound Lanes to a 21 radius curb; BOUNDED on the North by a line 181 South of and parallel to Baseline Ramp "A" from approximately station 187+50 Baseline Ramp "A" to approximately station 186+22, then follow the retaining wall line from approximately station 186+22 to station 183+08, then go North for 271, then go East along a line parallel to Baseline Ramp "A" to approximately station 183+60 Baseline Ramp "A", then go North to the North Limited Access Right of Way Line of S.R. 856; also bounded on the North by the North Limited Access Right of Way Line of S.R. 856 from approximately station 183+60 Baseline Ramp "A", to the intersection of the Limited Access Right of Way line with the Intracoastal Waterway. Less any area actively occupied by ramps or bridge structures. Containing 242,000 square feet, more or less. EXHIBIT "B" State Road No.: 856 Miami -Dade County Miami, Florida Parking Lot 3 April 15, 1999 Description of a parcel of land for the sole purpose of leasing this parcel of land from the Florida Department of Transportation to the City of Sunny Isles Beach. LEGAL DESCRIPTION That portion of State Road No. 856 Right -of -Way as shown on the State of Florida Department of Transportation Right -of -Way Map for Section 87013-2509 lying in Section 2, Township 52 South, Range 42 East, Miami -Dade County, Florida, being more particularly described as being bounded on the South Side by the North .face of an existing retaining wall on the North side of Pier 32 approximately at Station 291+84 of the Baseline for Ramp "B", as shown on State of Florida Department of Transportation Plans for State Highway Project No. 87013-3511 for State Road No. 852 (now known as State Road No. 856) on Sheets 13 and 14 (said station corresponding to Station 61+92 on the centerline of State Road A-1-A of said plans for project No. 87013-3511); bounded on the East, West and North sides by the back line of curb of a continuous concrete curb and gutter (said North side being a radial return of 30 feet whose radius center point is at 23.35 feet West of Station 65+74.76 as per said centerline for State Road A-1-A); all of the above described parcel lying under the overpass for Ramp "B" and its shadows, as shown on said plans for Project No. 87013-3511. Less any area actively occupied by bridge Piers or any part of bridge structures. Containing 27,669 square feet (0.64 acres), more or less. 'J05-470-5610 FDOT DIRECTORS OFFIC PAGE 04 Addendum to Sunny Isles Beach Parcel Pap 2 of 3 WHEREAS, upon termination and/or expiration the Lease Agreement, the Lessee shall restore the property and the drainage system to the retention system that existed prior to the Lessee's drainage modifications. All other terms and conditions of the original Lease Agreement remain unchanged. The Lease Agreement and Addendum have both been confirmed and ratified by the City of Sunny Isles Board of City Commissioner and reflected in Resolution No. attached hereto as Exhibit "B". Signed, sealed and delivered in the presence of: WITNESSES As to Lessor STATE OF FLORIDA COUNTY OF MIAMI-DADS LESSOR The foregoing instrument was acknowledged before me this day of of 2000, by , who is personally known to rue or who has produced his , as identification and did take an oath. NOTARY PUBLIC David Samson Mayor TO: In ing Tumtsky Vice Mayor FROM: Commissioners Danny Iglesias DATE• Lila kaufrman ' Connie Morrow SUBJECT: James DiPietro City Nlanal-er L_vnn M. Dannheisser City Attorney D City of Sunny Isles Beach ,'0 17070 Collins Avenue. Suite 250 Sunny Isles Beach. Florida 33160 (305) 947-0606 phone (305) 949-3113 fax City Commission Lynn Dannheisser, City Attorney October 14, 1999 PARKING LOT LEASE FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION IV 16181U"SI WOVENKll3 It is recommended that the City Commission approve the referenced lease. REASONS: As you may recall by Resolution No. 99-128, this Commission authorized the Manager to request from the Florida Department of Transportation a parking lease for the operation and maintenance of parking lots currently maintained by Miami - Dade County and described in the attached agreements as Lots 1, 2 & 3 under the William Lehman Causeway, with the instruction that the proposed lease agreement be returned to the City Commission. Attached are the lease agreements agreeing that the leased land shall be used solely for the purpose of parking motor vehicles and installation of parking meters, for public use, with no signs permitted in the leased area. The consideration is One Dollar ($1.00) plus tax. Equipment shall become the responsibility of the City. The term is for ten (10) years, with a five-(5) year option for renewal. Respectfully submitted, LMD: ch Attachment(s) W City of Sunny Isles Beach 17070 Collins Avenue. Suite 250 Sunny Isles Beach. Florida 33160 (305) 947-0606 phone (305) 949-3113 fax David Samson Mayor Irving Turetsky vice Mayor Commissioners Danny Iglesias Lila Kauffman August 23, 1999 Connie Morrow James DiPietro City Manager Lynn M. Dannheisser Alberto Villarreal City Attorney Right of Way Administrator Florida Department of Transportation 1000 N.W. I I I' Avenue, #6116 Miami, Florida 33176 RE: PARKING AND COLLECTING Dear Mr. Villarreal: Reference is made to our previous telephone conversations. The City respectfully requests that the proposed agreement be modified to authorize the installation of parking meters, by the City, with the revenue collected to be used by the City of Sunny Isles Beach for repairs, paving, general maintenance and cleaning of the leased area. Thank you for your prompt consideration of this matter. Sincerely, CITY OF SUNNY ISLES CH James DiPietro City Manager JD/pw Attachments �v7 florlda AeparimeWl of Tra17sporiaiioR JEB BUSH OFFICE OF RIGHT OF WAY GOVERNOR ADMINISTRATION - DISTRICT SIX 1000 AW III AVENUE - ROOM 6116 MIAMI, FLORIDA 33172 PHONE: (305) 470-51501 SC 429-5150 August 26, 1999 Mr. James DiPietro City Manager City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 SUBJECT: LEASE AGREEMENT THOMAS F. BARRY, JR. SECRETARY AUG 31 1999 Isles Beach Item/Segment No. 248831-1 WPI No. 6113008 State Project No. 87013-2509 FAP No. N/A S. R. No./County 8567 (Wm. Lehman Causeway), Miami Dade Parcel No. 6000 (Exhibit B)(Lot 3) & 6001(Exhibit A) (Lot 1 and Lot 2) This is in response to your request for installation of parking meters on Parking Lots 1, 2 and 3 under the William Lehman Causeway, State Road 856. Enclosed are two (2) original lease agreements and addendums to the lease agreement permitting the installation of parking meters on the parking lots. The lease agreement is for a term of ten- year public use without monetary consideration and with a five-vear option for renewal. The addendum to the lease agreement is modifying the insurance clause of the lease agreement. We cannot alter the FDOT lease agreement format, but addendums may modify it. The leases and the addendums will be executed and embossed with the City of Sunny Isles' corporate seal. When we receive the executed documents, they will be forwarded to the District Secretary for his signature. If you have any questions, please call me at (305) 470-5179. Sincerely, Alberto Villarreal Right of Way Administrator, Property Management attachments cc: A. Casals, S. Day, D. Rivera, File h: �trt�al_work�sunn yis1.011 www.dot.state.fl.us Florida 00,oarimen1 of Transpor1atioW JEB BUSH OFFICE OF RIGHT OF WAY GOVERNOR ADMINISTRATION- DISTRICT SIX 1000 NW HI AVENUE - ROOM 6116 MIAMI, FLORIDA 33172 PHONE: (305) 470-5150 / SC 429-5150 March 30, 1999 Mr. James DiPietro City Manager City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 SUBJECT: LEASE AGREEMENT Item/Segment No. WPI No. State Project No. FAP No. S. R. No./County Parcel No. MAY 0:1 1999 248953-1 6113347 87013-2511 N/A 856, Wm. Lehman Causeway, Miami Dade 6000 (Lot 3) and 6001 (Lot 1 and Lot 2) TIIONfAS F. BARRY, JR. SECRETARY This is in response to your request for a longer term public use lease agreement on the Parking Lots 1, 2 and 3 under the William Lehman Causeway, State Road 856. The Florida Department of Transportation (FDOT) is willing to offer a Ten (10) years public use lease agreement without monetary consideration with a Five (5) year option for renewal to the City of Sunny Isles Beach. Enclosed are two (2) original lease agreements with two (2) addendums to the lease agreement modifying the insurance clause of the lease agreement. FDOT lease agreement format can not be altered but may be modified by addendums. The leases and the addendums shall be executed and embossed with the City of Sunny Isles' corporate seal. Upon receipt of the executed documents, they will be forwarded to the District Secretary for his signature. If you have any questions , please call me at (305) 470-5179. Sincerely, Alberto Villarreal Right of Way Administrator attachments r. cc: A. Casals, S. Day, D. Rivera, File h:%txtW _wor1As=yis1.003 www.dot.state.fl.us