HomeMy WebLinkAboutReso 2003-512
RESOLUTION NO. 2003- .5.J..:&L
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN THE CITY
OF SUNNY ISLES BEACH AND THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT),FOR USE OF THE RIGHT-OF-WAY LOCATED ON
..
STATE ROAD 826, UNDER THE SUNNY ISLES BOULEVARD CAUSEWAY
BRIDGE, IN AN AMOUNT OF ONE DOLLAR ($1.00) PER YEAR, FOR A FIVE-
YEAR PERIOD WITH OPTION TO RENEW, ATTACHED HERETO AS EXHIBIT
"A"; AUTHORIZING THE MAYOR TO EXECUTE SAID LEASE AGREEMENT;
AUTHORIZING THE CITY MANAGER TO DO ALL OTHER THINGS
NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach desires to provide public parking on the right-of-
way located on State Road 826, under the Sunny Isles Boulevard Causeway Bridge, owned by the
Florida Department of Transportation; and
WHEREAS, the Florida Department of Transportation has submitted a lease agreement to
the City, for use of the right-of-way under the Sunny Isles Boulevard Causeway Bridge, in an
amount of $1.00 per year, for a five-year period with option to renew, attached as Exhibit "A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OJi'THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1, Approval of the Lease Agreement. The Lease Agreement between the City of Sunny
Isles Beach and the Florida Department of Transportation, to lease the right-of-way located on State
Road 826, under the Sunny Isles Boulevard Causeway Bridge, for $1.00 per year, for a five-year
period with option to renew, attached hereto as Exhibit "A", be, and the same, is hereby approved.
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute the Lease
Agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
other things necessary to effectuate same.
Section 4.
Effective Date. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED this 20th day of February, 2 3.
Page 1 of2
R2003- FDOT LeaselUnder Sunny Isles Blvd Cswy Bridge
~.
;:::A~~
: .~ Jane ,A. Hines; Actin~ City Clerk
. .
APPROVED,AS'TO FORM
AND LEGAL SUFFICIENCY:
Moved by:
Seconded by:
Vote: ~-O
Mayor Samson
Vice Mayor Edelcup
Commissioner Goodman
Commissioner Iglesias
Commissioner Kauffman
V(Yes)
V(Yes)
V(Yes)
'[j(Yes)
_(Yes)
R2003- FDOT Lease/Under Sunny Isles Blvd Cswy Bridge
Page 2 of 2
C J\~ Kl1LL4h1ct1lV
C (1\!\""-'- S ~t~ ~ i?-{'~! be'S
_(No)
_(No)
_(No)
_(No)
_(No)
::;IAI~ UI'" rLVMIUI'\ucrl-\"IMc.J'lI VI'" Irv\I't~II-\'1\JI"t'
LEASE AGREEMENT
RIOHT OF WAY
05103
PaRe 1 01 5
THIS AGREEMENT, made this IS day of
OF FLORIDA DEPARTMENT OF TRANSPORTATION, (hereinafte
17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160
(hereinafter called the Lessee.)
ITEM/SEGMENT NO.: 2490471
MANAGING DISTRICT: SIX
FAP. NO,: N1A
STATE ROAD NO.: 826 Causeway Bridge
COUNTY,: Miami-Dade
PARCEL NO.: 6075
,CPtf1E , by and between the STATE
CITY OF SUNNY ISLES BEACH,
WITNESSETH:
In consideration of the mutual covenants contained herein, the parties agree as follows:
1, Prooertv and Term. Lessor does hereby lease unto Lessee the property described in Exhibit "A", attached and made a part
hereof, for a term of FIVE YEARS beginning 7/1/2003 and ending 6/3012008 . This
Lease may be renewed for an additional FIVE YEARS term at Lessee's option, subject to the rent adjustment as
provided in Paragraph 3 below, Lessee shall provide Lessor One Hundred Twenty {120} days advanced written notice
of its exercise of the renewal option.
If Lessee holds over and remains in possession of the property 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 property shall be used solely for the purpose of PARKING AND MAINTENANCE OF AREA
If the property is used for any other purpose, Lessor shall have the option of immediately terminating this Lease.
Lessee shall not permit any use of the property in any manner that would obstruct or interfere with any transportation facilities,
Lessee will further use and occupy the leased property in a careful and proper manner, and not commit any waste thereon. Lessee
will not cause, or allow to be caused, any nuisance or objectionable activity of any nature on the property, Lessee will not use or
occupy said property 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 the leased property,
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 on 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
Lessor, within the leased property. If any contamination either spread to or was released onto adjoining property as a result of
Lessee's use of the leased property, the Lessee shall be held similarly responsible, The Lessee shall indemnify, defend, and hold
harmless the Lessor from any claim, loss, damage, costs, charge, or expense arising out of any such contamination.
3, Rent. Lessee shall pay to Lessor as rent, on or before the first day of each rent payment period, the sum of
One Dollar plus tax, for each Year of the term. If this Lease is
terminated prior to the end of any rent payment 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, including any real property taxes, Rent payments shall be made payable to the Department of Transportation
and shall be sent to FOOT, Property Management Section Rm 6118,1000 NW 111 Avenue, Miami FL 33172
, 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
nRIInr ...... "'AY
0liI08
PIIQe 2 of ,
shall bear interest at the highest rate allowed by law from the due date thereof. This provision shall not obligate Lessor to accept late
rent payments or provide Lessee a grace period,
4. ImDrovements. No structures or improvements of any kind shall be placed upon the property without the prior written
approval of the District Secretary for District ~ of Lessor. Any such structUI'86 or improvements shall be
constructed in a good and workmanlike manner at Lessee's sole cost and expense. Subject to any landlord lien, any structures or
improvements constructed by Lessee shall be removed by Lessee, at Lessee's sole ClOSt and expense, by midni~t on the clay of
tennination of this Lease and the leased property restored as nearly as practical to its condition at the time this Lease is executed.
Portable or temporary advertising signs are prohibited.
Lessee shall perfonn, at the sole expense of Lessee, all work required in the preparation of , the leased property for 00Clp8I'lCy 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 property and to require whatever adjustment to structures or improvementS as Lessor, in its
sole discrvtion, deems necessary, Any adjustrrients shall be dOne at leSsee's sole cost and expense.
5. Maint~. Lessee shall keep and maintain the leased property and any building or other structure, now or hereafter erected
thereon, in good and safe condition and repair at Lessee's 0'Nl'l expense during the existence of this Lease, and shaH keep the same
free and clear of any and all grass, weeds, brush, and debris of any kind, so as to prevent the same from becoming dangerous,
inflammable, or objectionable. Lessor shall have no duty to inspect or maintain any of the leased property or buildings, and other
structures thereon, during the term of this Lease; however, Lessor shall have the ri~t, upon twenty-four (24) hours notice to Lessee,
to enter the leased property for purposes of inspection, including conducting an environmental assessment. Such assessment may
include: surveying; sampling of building materials, soil, and grotl'ldwater; monitoring well instaJlations; soil excavation; groundwater
remediation; emergency asbestos abatement; operation and maintenance inspections; and, any other actions which may 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 leased property. In the event of emergency due to . release or suspected release of hazardous
waste on the property, Lessor shall have the rig,t of immediate inspection, and the righ~ but not the obligation, to engage in remecial
action, without notice, the sole ClOSt and expense of which shall be the responsibility of the Lessee,
6. Indemnification. To the extent provided by law, Lessee shall indemnify, defend, and hold hannless the Lessor 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 agents, or employees, during the performance of the Lease, except that neither Lessee, its officers,
agents, or 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 Lessor or any of its officers, agents, or employees during the perfonnance of the Lease,
When the Lessor receives a notice of claim for damages that may have been caused by Lessee, the Lessor will immediately
forward the claim to Lessee, Lessee and the Lessor 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 Lessor will detennine whether to
require the participation of Lessee in the defense of the claim or to require that Lessee defend the Lessor in such claim as described
in this section. The Lessor'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 Lessor and Lessee will each pay its own expenses for the evaluation,
settlement negotiations, and trial, if any,
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 and property, and for the loss of life or property
occurring in, on, or about the property 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 MIWON ($ 1,000,000.00 ) for bodily iniury or death to any one person or any number
of persons in anyone occurrence and not less than ONE MIWON ($ 1.000.000 00 )
for property damage, or a combined coverage of not less than ONE MILLION ($ 1,000,000.00 ).
All such policies shall be issued by companies licensed to dO business in the State of Florida and all such policies shall oontain a
provision whereby the same cannot be canceled or modified unless Lessor is given at least 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. If self-insured or under a risk management program, Lessee represents that such
minimum coverage for liability will be provided for the leased property.
FllOHT OF WAY
0lIIlIS
p.... 3 01 6
Lessor may require the amooot of any public liability insurance to be maintained by Lessee be increased so that the amooot thereof
adequately plOtects l.essor's inter_I. Lessee further agrees that it shaH cUing the full term of this Lease and at its own upense keep
the IeMed property and any inproYements thereon fully lnsur8d against loss or damage by fire and other casualty. Lessee aI&o
agrees that it shaD during the full tann of this L88S8 and at its own expense keep the contents and pensonal property located on the
leased property fully insured against loss or damage by fire or other casualty and doee hereby reIea8e and waive on behalf of itself
and its insurer, by subrogation or otherwise, all claims against Lessor arisitg 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 the Lessor.
8, Emirlent 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 impHed shalt be deemed to apply to the ~ \I'Ider this l.8ase. Termination 01
this Lease for any cause shall not be deemed a taking U'lder 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 any residual interest in the Lease. or any other facts
or ciroLll'T1Stances arising out of or in comection with this Lease.
Lessee hereby waives and relilquishes any JegaI rights and monetary claims which it mi~t have for full compensation, or damages
of any sort, incIuclng special damages, severance damages, removal costs, or Io8s of busiless profits, resuking from leeeee's loss of
occupancy of the leased property, or Sly such rights, claims, or damages fIowlng from adjacent propertie8 owned or 1-* by Lessee
as a result of Lessee's loss of occupancy of the Jeased PfQP8rty. Lessee also hereby waives and relilquishes any legal rights and
monetary claims 'Atlich 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 Ieaaed property, when eny or all adjacent properties owned or Jeased by Lessee are taken by eminent domain
proceedings or sold lIlder the threat thereof. This waiver and relinquishment applies Vttlether this Lease is still in existence on the
date of taking or sale; or has been tanninated prior thereto,
9. Miscellaneous.
a. This Lease may be terminated by Lessor immediately, without prior notice, upop default by Lessee hereunder,
and may be terminated by either party, without cause upon THIRTY ( 30 i days prior written notice to the other party,
b, In addition to, or in lieu of, the tanns 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,
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 mad8 between the parties andIor 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 modification, \W1iver, or amenci'nent of this Lease or any of its
conditions or provisions shall be binding upon Lessor or Lessee unless in writing and signed by both parties.
d. Lessee shall not slblet the property or any part thereof, nor assign this Lease. without the prior consent in writing of the
Lessor; this Lease 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.
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 property.
f. This Lease shall be govemed by the laws of the State of Florida, and any applicable laws of the United 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:
17070 Collins Avenue, Suite 250, Sunny Isles Beach, Aorida 33160
By:
Title:
Attest:
Title:
AIl>>fT a: WAY
os.oa
Page4af&
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above
written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
Print Name
bA-\J\ D S~~'Y\~ l)1\.J
...
Attest~~ '#~
NameITitle: ~\t~~c:J '. )(1$ ( ~xe<!.. ~ecl v-eh ~
Print Name
--.rn.p..YoR..
~\oA~'i\,,~
~ ~ ./,
(SEAL)
LEGAL REVIEW:
;
~\t\tJ~ U"V[\'
~..;...Q ~
Print Name
District Counsel
6~(~
U. IV\ ,- c ~a.e. r ~c:1J~c..,
Print Name
IJ
:>
CD Z IJ :;0
r-IOOVi )> -0 )> ~~Z~~ 0 ~ ()
CD~~~-< ::0 ~I ~ [T1
fTl fTlI ')>00:> ::0 fTl () I
Z I r;; "" r- -0 ::0-0 -o;oV'(J)- (J) [T1
~ _. Z I )>
o -1>" fTl)> "'1"'\O~'(iG)
,. tv'T\ ~ ~ fT\ (J):;x:J 0')>V'-IU1 OJ
I IJ'l ~ r- 0 ):> 0 ~g :;:0 .
~ -' \ 0 C> :::tl O~O):>>
_ 0:> U1 ::0 fTl ~ ,I (J) ('T1 : Z ;0
5ViO:>O-lO () :;:oiJfTl fTl
')>"00./-'
::: ~ ):>> :;:0 0 ())~".~CD
1 ~~\Il :;:0
Z ""~U'l G;
~fT\ Z fTl O'lf""\ -IfTl
~ :;:0 _z~oo r
"- OJ GJ (j) (J)~ ~ 0
Vi '6g~~~
-' - )> 0
.......... z :;:0
0 I"T1 _ Z:r: (j) ~
fIl o -~ ()
~ z~o-U:r: ~
fIl () ~ZU1f""\ -
) r- [T1 0
J :::tl () ~~U1NZ -" Z
:: - C -' :r: 0 :
() Z S c5~6~~ \I
T"\ GJ en <.f)
:J \~ s:r: 0 ^
fTl ~~N?=C: o.
0 0 ~
IJ'l ~ - z
"- ~~O;o(""1 0
0 Z '-" ,,)>
"" 0 ::ocoz I
.......... (J) O' g
0
01 C ~ ~o-+>- ~
0
:::tl Z "N
< C 0-1 i:
s:. ":r:,;; ~
\ fIl (""1 ~(""1(j) t:r
=S z
-I );>: -I -.
Ul =-< AlA ,...
Z
G) ~~:>IJ~O() JIJ
~ ;oIO;o[T1[T1[T1
\ CUi3::0()l/l~
[T1 _...,:I:()
Z[T1Z:;U"'i \
z :>~U1~o=Ufii \ ~ ~
() zC\?:l-:>:::!o 0
o 010 C"> ~ \
()~Z z"" l ~ '" 0
()I_:>(}'l..o 2 0 M @ \IlllD 0 0 . \
o <I~ ;0 B El
;;O~[T1 :>- %
;;0:> (">l/l5Il/l ~ (") co ~ ;0
[T1l/l0C:>[T1"U [T1 ~ ..., ~ ~ (") 0 rn 0
<J o~;o;o~ en .- ;0 ~ ~ ~ (") :z: 1= z Z
-0 ~ Z [T1 [T1 (") :I: ~ \,
-U[T1 01"'1- ~ :::\ g ;;0 :x:: ~ Vl -0 -0
-I [T1 - ~ l/l OJ :} ?Q 5 0 =0 =0
o:;U 0 -<("> ;0
;J ~ ..:::: co ~ r-n [T1
...,-u :> Co< ~ ?a ~
~~~Q!,(}'l(">~ ~ ~ s::\ -0 ..., Vl
rn rn Z '=' ~ -< 0 r:::::\
r-:>~ ;;0 c
-z:t: r'13:.l/l:>l/lI"'1;;o ~ '-l C') [T1 ~
gO{/) [T1Czr'1;O"U r:::::\ rn ~ r""'\ M
(lJO~o-\:::!o [T1 ;;0 :::0 -0
~oVl \fiC-i3::"":<~ ;;0 ~ :E -0 :I:
0 0
f'l"\;:lJC ~z-\:>~~ ~ ;0 M z {Il
o-;:lJ B r""'\ [T1
~< ~ ogOIJ-\Il/l ~ CJ
V1~~ r- ...,;0 -U:I:~C M ~ {Il
l/l[T1 ;:Q
C,..... ~ 3:: r'1;oro~< Z
:::0 Z :I:
~ ~ ,<~~Vl'<X':< 0 0
<~o ~ M
~-~ C1 ----- ---\U1 ;il ~ ~
OV'l ?'.ooZ:I: ..., @]o
';IJfTl~ (') ~ Z ;0 Z ("> r'1 l/l 0 c; \ ~ s z ..., UJ
Or- 9 , ~[T1""":I:""^;o x q Vl \l:' z :I:
-- 0 0 ~ ..., 0 ~ [T1
:> - _ ." ,'r-~-..J:>Ir::ll/l .D- o
ZV'lo '::\
o~~ r'1 !V"'OO()?'.
:-0 Ol/lor:\;o:I:r:\ ~ Vl ~ ..., ~ ~
~r-~ r- ClCtv;oO ..., :=IE ~ ~ ("> g g
. r'1-u-..J 3:.() ~ ~ ~ (;) B a
)loo:r. lj1 f"'I- en:> f"'I :I: -0 0 :;0 r-
r- g :z: ~ :z: (;) C') 0
-0-.,0 ~~.,.,_'(D~O ~ [T1 8 z ~ 0 r-n [T1 ...,
-0 C c ;: ~ [T1 -0
f'l"\~~ .oUiF~~l/l"T"\ ~ ~ ~ -0 'i 0 -0
:o:r.~ ~ c:: c: ..., r=: ~ VI
~~~~~~M :x: C') C') ,.: 8 0 ~
rT\:r. 0 :s :s Vi
1:7 co M M (")
-.,ITI C ~~o~~ ~
r-(Jl g -0 co -0 :z: Z
q~ "T"\...,~r- 0 C"l
0_ 0 ~ ~ l"'"I :E
';IJG) . ol/lr- - [T1 M
a~ '"""'0 z ~
-~;o ~ ~
:>~ VJc- c
C f'I"lO ~
:.tl VI:>
f'l"\
"1)
l.OO~)> ~
lJ' ~ N -< "1)
~-N I ~
1. r'"' ::u ~ f'i
N'"\"lOp 0
, ~ 5 G) '::::t) co
~\::uf'i ::.c:.
og;O-lO ..
,.. lJ'". ::u
N t,.I f; \T"'\
~f'iz
N CJ
co _
Z
fI\
\T"'\
::0
Z
CJ
...
)
,..
~
\
(J)
c.
'::::t)
<
f\l
-<
Z
CJ
z
()
"ATERJrJiY
I
It
~. ~
~ ~I
e (,.1\
\~. \
I \
\ \
\
\ .
I \
\ \
\
PARCEL "A"
COMMENCE AT THE NW CORNER OF SECTION 14, TOWNSHIP 52 SOUTH, RANGE 42
EAST, MIAMI-DADE COUNTY, FLORIDA; THENCE RUN N85.5'31"E ALONG THE
NORTH LINE OF SAID SECTION 14 FOR 763.35 FEET, TO THE EASTERLY RIGHT OF
WAY LINE OF THE FLORIDA EAST COAST CANAL ACCORDING TO THE PLAT
RECORDED IN PLAT BOOK 37, PAGES 6 AND 8 OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY; THENCE RUN S26023'44"W ALONG SAID EASTERLY RIGHT
OF WAY FOR 57.88 FEET TO THE NORTH RIGHT OF WAY LINE OF STATE ROAD No.
826; THENCE RUN N8,47'26"E ALONG SAID NORTH RIGHT OF WAY LINE OF STATE
ROAD No.826 FOR 110.62 FEET; THENCE RUN S02.12'34"E AT A RIGHT ANGLE TO
THE LAST DESCRIBED LINE FOR 98.27 FEET TO THE POINT OF BEGINNING;
THENCE RUN S85.53'02"W FOR 34.03 FEET; THENCE RUN S61.49,06"W FOR 58.79
FEET; THENCE RUN S22.12'08"W FOR 42,53 FEET; THENCE RUN S5S29'32"W FOR'
9.88 FEET; THENCE RUN S26.32,31"W FOR 28.13 FEET; THENCE RUN S4T13'31"W
FOR 14.79 FEET; THENCE RUN S25.27'08"W FOR 39.04 FEET; THENCE RUN
S41'04'07"W FOR 15.17 FEET; THENCE RUN S.10'2'45"W FOR 15.55 FEET; THENCE
RUN S48.38'25"W FOR 13,78 FEET; THENCE RUN S19.35'56"W FOR 21.50 FEET;
THENCE RUN S11.40'56"W FOR 16.39 FEET; THENCE RUN SOO.41'25"E FOR 60,57 FEET;
THENCE RUN S8,35'39"E FOR 92.24 FEET; THENCE RUN N1T21'58"E FOR 85.69 FEET;
THENCE RUN N02.30'20"W FOR 25.64 FEET; THENCE RUN N1S17'12"E FOR 18.10 FEET;
THENCE RUN N3T13'30E FOR 20.25 FEET; THENCE RUN N5T24'02"E FOR 1 0.98 FEET;
THENCE RUN N72.55'16"E FOR 15.34 FEET; THENCE RUN N21.57'50"W FOR 9.75
FEET; THENCE RUN N64.46'04"E FOR 9,67 FEET; THENCE RUN "N39'13'17"E FOR 9.67 FEET;
THENCE RUN N05.00'47"E FOR 31.48 FEET; THENCE RUN N03<18'04"E FOR
9.18 FEET; THENCE RUN N09.09'48"E FOR 1 0.25 FEET;
THENCE RUN N10.01'58"E FOR 11.65 FEET; THENCE RUN N09'49'14"E FOR 19.33 FEET;
THENCE RUN N23" 1 O'13"E FOR 29.59
FEET TO THE POINT OF BEGINNING.
SHEET 3 OF 3
CONTAINING 25424 SF or 0,58 ACRES
PARCEL "B"
COMMENCE AT THE NW CORNER OF SECTION 14, TOWNSHIP 52 SOUTH, RANGE 42
EAST, MIAMI-DADE COUNTY, FLORIDA; THENCE RUN N85'5'31 "E ALONG THE
NORTH LINE OF SAID SECTION 14 FOR 763.35 FEET, TO THE EASTERLY RIGHT OF
WAY LINE OF THE FLORIDA EAST COAST CANAL ACCORDING TO THE PLAT
RECORDED IN PLAT BOOK 37, PAGES 6 AND 8 OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY; THENCE RUN S26.23'44"W ALONG SAID EASTERLY RIGHT
OF WAY FOR 57.88 FEET TO THE NORTH RIGHT OF WAY LINE OF STATE ROAD No.
826; THENCE RUN N8T47'26"E ALONG SAID NORTH RIGHT OF WAY LINE OF STATE
ROAD No,826 FOR 123.44 FEET; THENCE RUN S02.12'34E AT RIGHT ANGLES TO THE LAST
DESCRIBED LINE FOR 303.49 FEET TO THE POINT OF BEGINNING; THENCE RUN S40.21 '44"W
FOR 4,82 FEET; THENCE RUN S13"40'28"E FOR 16.73 FEET; THENCE RUN S1 T32'47"E FOR
17,38 FEET; THENCE RUN S27.55'05"E FOR 29.18 FEET; THENCE RUN S48.44'36"E
FOR 31.26 FEET; THENCE RUN S65.34'23"E FOR 22.57 FEET; THENCE RUN
S83' 39'20"E FOR 42.16 FEET; THENCE RUN 589.06'10"E FOR 227.08 FEET; THENCE
RUN N02'OO'37"W FOR 78.14 FEET; THENCE RUN N86.07'27"W FOR 330.75 FEET TO
THE POINT OF BEGINNING.
CONTAINING 26878 SF or 0.62 ACRES
ADDENDUM TO LEASE AGREEMENT
Item/Segment No.
WPI No.
Stateflob No.
FAP No.
SRNo.
County
Parcel No.
2490471
6113224
87170-2517
N/A
SR 826 Causeway Bridge
Miami-Dade
6075
THIS AGREEMENT, made thisa- Day of of2003, shall serve as an
ADDENDUM to the Lease Agreement made this First day of, y 2003, by and between the FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT), as Lessor and 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.
Section 4. IMPROVEMENTS
City of Sunny Isles Beach, will present to FDOT within the five year lease period, a site plan with the
proposed improvements as stated in letter dated April 15, 2003, and made part of this addendum,
(as Exhibit A). All improvements will require prior approval in writing by the District Secretary for
District Six. All improvements shall be constructed in a good and workmanlike manner at Lessee's sole
cost and expense. Improvements should not interfere with existing drainage and utilities in the right of
way. Lessor reserves the right of access across the leased property to inspect, maintain and repair the SR
826 Bridge or Right of Way as deems necessary. All improvements and any refuse, contamination or other
diminution of the property, occurring during the CITY OF SUNNY ISLE's lease shall be removed or
rectified as requested by FDOT.
Lessor reserves the right to inspect, at any time, during the construction of said improvements and require
changes and modifications at Lessor's sole discretion, deems necessary. Lessee shall implement such
requests for changes or modifications innnediately, at Lessee's sole cost and expense, upon notification by
Lessor's authorized representative.
Any improvements constructed by Lessee shall be removed by the Lessee, at Lessee's sole cost and
expense by midnight on the date of termination of this agreement and the land restored as nearly as
practical to its condition at the time the agreement is executed. Portable or temporary advertising signs
are prohibited.
Item/Segment No.
WPI No.
StatelJob No.
FAP No.
SRNo.
County
Parcel No.
AN ADDENDUM ~ 6 Day of S~
dated -L-Day of Of 2003.
2489141~19o?l~/
--'113m ~//.3 '2'21:
K7119 J63O~? /'b-$f.
N/A '
SR 826 Causeway Bridge
Miami-Dade
6075
Of 2003, TO LEASE AGREEMENT,
All other tenns and conditions of the Lease Agreement remain unchanged and with this coI1firnm and
ratified by Lessor and Lessee.
LESSOR
.,
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTA nON
BY:~~
Distri Six Secre ary ,
By:
TITLE: .m A Y() t2-
CITY OF SUNNY ISLES BEACH
Exhibit A
April 15, 200)
CITY COMMISSION
D.\ \'11) SAMSON
MAYOR
NORMAN S. EDEJ.CUI'
VICr:. M,WOR
GERRY GOODMAN
COMMISSIONER
I),\NNY IGLESIAS
COMMISSIONER
1.1I..\ K.-\UFFM..\N
COMMISSIONER
Chri~t()rhcr J. Ru~~()
(:m i\[magcr
I.ynn i\l. Dannh~i~~er
City ,\ttomcy
Jane \. r line~
. \ctlng City Ocrk
Olga Pico
Property Management Agent
Florida Department of Transportation
1000 N.W. 111 Avenue Room 6116
Miami, Florida 33172
SUBJECT: Financial Project ID No.
W.P.I. No.. 6113151
Section No. 87170-3630
FAP No. N/A
SR No. SR 826
County Miami-Dade
Dear Olga:
The City of Sunny Isles Beach has only one project to
complete on the leased property. The City will pave, supply
drainage system and stripe for parking. This project will
not be developed for four to five ye~s after the lease is
executed. The City understands the plans must be approved
by FOOT prior to starting any work.
2489741
If you need any further information, please call on me
for assistance. The City thanks for your cooperation in
this matter.
EClivE
APR 1 b 200
RIW 3
D1f~~lON
rGe ge Fisher
Grant Coordinator
o
IIUN I.1YHOdHO:) aHO:)YO I . llll s-s~ aHO:)W
. , .....Il:l I
- re7 'r(;/o · >>7J'
1AU,.,,1.NHS!HIV
"IAU"'J.NHIII~III ~L'ttt 'Li DlYIR
110 IJ.N~OW III ",,~lInSNI ;IH~ No~n liNIN AIIW dO AmI"'" 110 Nouwon.o ON ~SO~"" :iUlN3AV 'U't BN 000't
9't"t9 KOOll
"MWMS as oa D.l hmrw.sl J.l"8 'UrI INl O~ OIlWWN 1IIltnDH I.1W:lIJUlIi.:) iNi OJ. !I:\UON XIS .I.::>:IlI.I.SIa-KClY AVid. JlO .J.Ie) :Ill
NUU_ SAWO ---o-'r 'lWI Ool 1I0AWilONa "WoII;NnStlI 011III"' a\U. . ~avalU aJ.'fC NO I J.V.I.-aoaSNYll.I. oiO .I.a:aa YClIl:lOU
NOUWMI~xa aHL allo~a. OllT1a:lllW:I a. lal:ll10~ oa.'II:I.ao MO.... alU ~o AIIW cnnOHI ZL't-O'Li
NOI.LW1'~:)NW:) V 'll;u.u'lllallnINl 'OlllllllN'__OWOaw I A I H~a1OH !.LW:)I:ftl.H~:)
'Lil 'A~uno::> apva-1='JW1=K '(SL.09 lao.xva) af>P~.xB AVAasnv::> 9~8l:1S :~v puvl ~uvov.A
pa~vgT o~ p:rvl)g.x 1{~." pg;rnsu. TVuo.~>Ppv UV ~v p_u %;JPToH g~vo.~.~~;)
.NOI'IAOM~ "IYI:lI..SI.&.N!lW....OCIN. A. a!loCIW SNOI.n':t.III":lI"!lNSHOU.~O""NOLL""5dO ~o NOLLd....'I'a
lI.~MJ..O
S .L1~n ),onOd . ';SV;SIO 1;1 ~,.~~~ I
S :;;li~OldlN;; v~ - .SV~SIO i a
s ';'N;jOI~:l'tf I-iOV; 1;1 ,
;
, .;:~J T s~A~S'(~~.2.~ i i ow NOUWCNI"WO:) InI!1MltOM
S , S NOIlN313t:l H
S ! ".,,~~ d
s
S 31 't!J3t:1DD'" 3Q'v'~ S~I"O'i:) D ~r'l:)::>O
s 30N3~em~'JO HO'V'3 .u.nlSYn sS!I:lXJ
s !l!lY ^ lNO 01mt' Olny ANY C
S 0:>'01"3 NYl-!l.l:f;n.u.o
s lNaor:)Ov,,3 - ^ lNO Oln... J..JJ1'Bwn :J!JWWO
s QuaplJJI!! JQd) ", f---
3!l_0 )'HI3dO~d
f--
IlUOP",. lOd) I SOlnw a~NMO-NON
S ^~nr~1l ^ 1'008 ,-
SOlnv 03~IH
-
(uouod lOd) SOl~" 03>OO3HOS
S AtfnrNl A"1I008 ~
sow.. 03NMO"."
f---
(luopme 03) Oln~ A.W
S ~".n 31:lN'S 0_00 --'
.un,""" !I'11.0"'OJJ\W
Qaatl'I;)HI S :l:lY dOldt'llO~ . S~:JnOotld :J01 0- ~.: U ).onOd L
~3d S3fldcIY ~l"'" 3~ YQ3~!l:lY 1,N~!l
000' 000 ''t s -- 3~ ~3l:l~O'f 1Yl:I3N3~
000'000'. S MlI\n., N:Jv, -....os~...
-000'1ii s (uo~ ouo "WI dX3 031'l t:IIl:x,o[!] 3Ch'W St'IIIY1:J I
000'0. S (0JIj auo "W) 3~WMl3l:lld to/'tO/O't ZO/'tO/t..O t..liiZnO'tlii9 Alrll9Yn 'M:I1IN3~ "lY!:J!l3VMO:J X Y
000' 000' 't s -
3:JN3I:1/:11l:J:JO H:J'd3 .uJ'IIbI1 'MIINIO
Ult'IIn ~~,~!!'~!'-~- AA/dCItIMIIlIJ1IJ.WO 1I_11N "':lno~ 1__ ~O......... ~~
'SJW'I:) aN" JJI ~ Nili111 al\WIol AWl NMOWS s..&.R'1 aLweiAIDfN 'S":)l"l()"
H:>rlS .:10 SNOIJ.lCINO:) r:HrI.8NOISn'1:>)(3 'SNSJ. iHJ. 11V Ol. J.:)iI'ans 51 ~ ~8iC1 S~1OcI-.u JJI 0ICaI0*lV ~ IH.L 'NIV UBd AWl
\lO O:af'lS81 :ae AWl iJ.WI.u":ii!:) 8I-U. .oHM OJ. J.:)icIS3W HJ.IM J.N:iiIN'l:X>O ~O \lO J.:)WJ,N():) AMI JO NQI.LJCINO:) 'Ie) MIaL 'J.NiWaWlO"" AMI
E)NI(]NYJ.SIoUJMJ.ON 'aaJ.Y:)lQN ~ ,c)IlOcI iII-IJ. -.0.01 it\OQV OiINVN OartSNI ~J. OJ. ~ NiIiII al\WIol MO" 0iUSl1 ~ tIO SiI:ll1OC iiII-IJ.
-31:131:1nSNI I
-a H;lllllSNi 09"t&t: 'Lf. IIiJYn SnSI J.IUUlS
~~ nm, .:lAY S_.Qii:) OtiM
-:> ~;HnSN' A~OSSml . ~ O.LS
S~I AHRQS ~O A.LI~
_g~;llI/ISN'
0::> :iC)8Y1:I.QS.RI BIf)DO:> v 1:I;~nSN' 0....._
3OW3I\O:>> DNCIHO~ ."!AInINI t..89Si-ZZ8-SiO~:... 008'-~9~-SiOE :.uo1(cJ
881it-nOEE 'I.I SDY'I DlYIK
'MO'" UI:M"'ICW IH.1 All CIIICItIIOJIlN ~:) IH.1 ....1 '1W OO~ CIA'IV: mnn.a. tNO~ oooa
HO CItIII.1n- '-.w tON IlIDG 11w:u.t._.1IU 'DlTIOH :>.RI UOlftl ., .RIlOlM
Uv:Mt.Mn_ NChI\ eu:::~!~....'1NO
NOU.YW._1iO 8LLWW Y .. . IIJI:)-.u. 111__
EO/EO/,O I Z-OAn~ :lONwnSNI A.LI'ISVI' :10 3~ V:lI:lLLl:I3:l -QlIOiJJj,
(A~&L'" 8:) W:) t
._VMII\O:)
OF ws
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
(305) 949 -3113 Fax
(305) 947 -2150 Building Department
(305) 947 -5107 Fax
MEMORANDUM
The Honorable Mayor and City Commission
Christopher J. Russo, City Manager X
February 20, 2003
City Commission
David Samson, Mayor
Norman S. Edelcup, Vice Mayor
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
Lila Kauffman, Commissioner
Christopher J. Russo, City Manager
Lynn M. Dannheimr, Cip� Attorney
Jane Hines, Acting City Clerk
APPROVAL OF FDOT LEASE AGREEMENT FOR AREA UNDER SUNNY
ISLES BOULEVARD BRIDGE
RECOMMENDATION
It is recommended that the City Commission approve the attached resolution entering into a lease
agreement with the Florida Department of Transportation ( "FDOT ") for use of the right -of -way
under the Sunny Isles Boulevard Causeway Bridge.
REASONS
The City is need of additional parking space to be utilized, mostly, by the various construction
personnel who are working on the hi -rise complexes in the area. Currently, we have a very
limited amount of space, and obtainment of this area would increase our available space
tremendously.
FDOT has agreed to lease the right -of -way directly under the Sunny Isles Boulevard Causeway
Bridge to the City at a cost of one dollar (S 1.00) per year, for a five -year period. There is also an
option to renew, should both parties desire. This agreement is beneficial to the City, both in cost
and length of time.
ADDITIONAL INFORMATION
Entering into this agreement, which is similar to the one for the area under the William Lehman
Causeway, will allow the City to control the parking along the FDOT right -of -way. It will also
provide the City with the authority to collect monies for its use (parking), which will help offset
the cost for litter and trash removal by the City.
CJR1pw
FDOT- Siblvd Ieme Agmu Agenda Memo