HomeMy WebLinkAboutReso 2005-807
RESOLUTION NO. 2005- ~7
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING A P ARKlNG
LICENSE AGREEMENT BY AND BETWEEN THE CITY OF SUNNY
ISLES BEACH AND FORTUNE BEACH, LLC FOR USE OF A
PORTION OF THE PARKING LOTS UNDER THE WILLIAM
LEHMAN CAUSEWAY AND THE SUNNY ISLES BOULEVARD
CAUSEWAY; AUTHORIZING THE MAYOR TO EXECUTE THE
PARKING LICENSE AGREEMENT, ATTACHED HERETO AS
EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO EFFECTUATE THE AGREEMENT;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach ("City") has entered into lease agreements with
the Florida Department of Transportation ("FDOT") for use of the parking lots and surrounding
property under the William Lehman Causeway and the Sunny Isles Boulevard Causeway; and
\VHEREAS, these lease agreements permit the City to collect a daily fee from the general
public for the use of those parking lots; and
WHEREAS, in December 2003 the City entered into a parking license agreement with
Tangiers Beach Associates, an affiliate of Fortune Beach, LLC ("Fortune"), for certain parking
spaces in the parking lot under the William Lehman Causeway, which agreement terminated on
December 1, 2004; and
WHEREAS, Fortune wishes to continue using certain parking spaces in the parking lots
under the William Lehman Causeway and under the Sunny Isles Boulevard Causeway for the
parking of employee vehicles and construction equipment; and
\VHEREAS, Fortune has agreed to construct park-like improvements at the western portion
of the Sunny Isles Boulevard parking lot in exchange for such use, which has an estimated value of
$300,000.
NO\V THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Parking License Agreement. The Parking License Agreement by and
between the City of Sunny Isles Beach and Fortune Beach, LLC for use of a portion of the parking
lots under the William Lehman Causeway and the Sunny Isles Boulevard Causeway, attached hereto
as Exhibit "A", be, and the same is hereby approved.
Section 2.
Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement.
Section 3.
Authorization of City Manager. The City Manager is hereby authorized to do all
R2005.Forrune Pkg License Agmt For Siblvd
Page 1 of 2
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things necessary to effectuate the terms of the Agreement.
Section 4.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 9th day of June 2005.
~
ATTEST:
/
/
~S~iry~
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
~ it. ~"1(;
Erica N. Wright, Act g City Attorney
Moved by: GY\'VrI\\.~<: \OV0€A2. GaCrh'\~
A
Seconded by: Y't ~ vY\CLj bY"' lbt-A-Lt..(C
Vote: 5-0
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
~Yes)
~Yes)
(Yes)
t:"JY es)
_(Yes)
_(No)
(No)
_(No)
(No)
_(No)
Rl005. Fomme Pkg License Agmt For Siblvd
Page 2 of 2
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CITY OF SUNNY ISLES BEACH
PARKING LICENSE AGREEMENT
This Parking License Agreement ( this "Agreement") is made as of the'3t.{-day oL4v7vsr
2005, by and between the CITY OF SUNNY ISLES BEACH, a municipal corporation ("City")
and FORTUNE BEACH, LLC, a Florida limited liability company ("Fortune") and/or assigns.
RECIT ALS
WHEREAS, the City has previously entered into a lease agreement ("Loop FDOT Lease")
with the Florida Department of Transportation ("FDOT") for the use of the parking lots and
surrounding property known as the "Inner Loop" under the Sunny Isles Bridge and SR 826, as
more particularly described in Exhibit "A" attached hereto and incorporated herein by reference
(collectively, the "Loop Parking Lots"); and
WHEREAS, the City has been given permission by FDOT to collect a daily fee from the
general public for the use of the Loop Parking Lots; and
WHEREAS, Fortune has approached the City about using the Loop Parking Lots for the
parking of automobiles, trucks and construction equipment owned by employees of construction
companies that are working on Fortune's condominium projects in an effort to relieve
construction related congestion on Collins A venue; and
WHEREAS, the City desires to enter into an exclusive parking license agreement with
Fortune for the use of the Loop Parking Lots; and
WHEREAS, the City has previously entered into an additional lease agreement (the
"Lehman FDOT Lease") with the FDOT which expires on February 16, 2010 for the use of the
parking lots and surrounding property under the William Lehman Causeway, as more
particularly described in Exhibit "B" attached hereto and incorporated herein by reference
(collectively, the Lehman Parking Lots"); and
WHEREAS, the City has been given permission by FDOT to collect a daily fee from the
general public for the use of the Lehman Parking Lots; and
WHEREAS, on December 4, 2003 the City entered into a Non-Exclusive Parking License
Agreement with Tangiers Beach Associates, an affiliate of Fortune, to lease certain parking
spaces in the Lehman Parking Lots, which agreement terminated on December 1, 2004; and
WHEREAS, Fortune desires to continue using certain parking spaces in the Lehman
Parking Lots for the parking of automobiles, trucks and construction equipment owned by
employees of construction companies that are working on Fortune's condominium project in an
effort to relieve construction related congestion on Collins Avenue; and
WHEREAS, the City desires to enter into a non-exclusive parking license agreement with
Fortune for the use of certain parking spaces in the Lehman Parking Lots; and
MIADOCS 781212 6
WHEREAS, the City desires to reduce the size of the Loop Parking Lots in order to utilize
the western portion of the Loop Parking Lots (the "Park-Like Area") to create a park-like setting;
and
WHEREAS, Fortune desires to contribute to the creation of the park-like setting on the
Park-Like Area of the Loop Parking Lots by constructing certain improvements on that property;
and
WHEREAS, the City desires to accept Fortune's contribution of the construction of such
improvements and agrees to enter into an exclusive parking license agreement with Fortune for
the use of the Loop Parking Lots and a non exclusive parking license agreement for the use of
the Lehman Parking Lots; and
WHEREAS, this Agreement is consistent with the authority that the City has over the
Loop Parking Lots and the Lehman Parking Lots pursuant to its agreements with FDOT.
NOW, THEREFORE, in consideration of the execution and delivery of this Agreement
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein
in their entirety.
2. Improvements to Park-Like Area. Fortune agrees to construct the
improvements on the Park-Like Area under the Sunny Isles Beach Causeway (the
"Improvements") as such Improvements and the boundaries of the "Park-Like Area" are as
outlined in Exhibit "c" attached hereto and specifically listed on Exhibit "D" attached hereto
and; which Improvements shall have an estimated value in the amount of THREE HUNDRED
THOUSAND DOLLARS ($300,000.00).
3. Construction of Improvements. Provided that all approvals and permits
authorizing the construction of the Improvements have been issued (the "Government
Approvals"), Fortune shall commence construction of the Improvements within one (1) year
from the date a Resolution is issued by the Sunny Isles Beach City Commission (the "Effective
Date") authorizing the execution of this Agreement (the "Resolution"). Thereafter, Fortune
estimates that it will take approximately six (6) months to complete construction of the
Improvements.
4. Use of Loop Parkin2 Lots. The City hereby licenses to Fortune, on an exclusive
basis, the right to use the Loop Parking Lots for passenger automobile, truck, and construction
equipment only. No other use of the Loop Parking Lots is permitted without written permission
from the City. It is understood and agreed that Fortune shall make, at its sole cost and expense,
whatever improvements to the Loop Parking Lots that may be required in order to utilize the area
for the vehicle parking.
MIADOCS 781212 6
5. Use of Park-Like Area. It is understood and agreed that Fortune may utilize the
Park-Like Area for parking only during the first full year of the Initial Term. In the event,
despite Fortune's good faith efforts, the Government Approvals have not been issued, the City
Manager may extend the right of Fortune to utilize the Park-Like Area until construction of the
Improvements commences.
6. Use of Lehman Parkin2 Lots. There shall at all times be sufficient parking
spaces available for the general public to utilize the Lehman Parking Lots. The City hereby
licenses to Fortune, on a non-exclusive basis, the right to use up to four hundred (400) parking
spaces at the Lehman Parking Lots (the "Lehman Parking Spaces"), at no additional cost to
Fortune, for passenger automobile and truck parking purposes. It is understood and agreed that
the right to use the Lehman Parking Spaces is non exclusive. However, the City agrees that
during the term of this Agreement, it shall not enter into an agreement with any other entity to
grant the right to utilize any portion of the Lehman Parking Lots on a monthly basis.
7. License Fees. Ten (10) days prior to the first day of each month of the term of
this Agreement, Fortune shall advise the City, in writing, of the number of Lehman Parking
Spaces that it shall require for that month. The City shall issue parking passes for that number of
vehicles and there shall be no monthly fee for the first four hundred (400) parking passes issued
for that month. In the event Fortune requires parking passes in excess of four hundred (400) for
any month, Fortune shall pay for each parking space an amount equal to the monthly parking fee
currently charged by the City. The monthly license fee shall be paid in advance, on or before the
first day of each calendar month under this Agreement. The rate that would be charged under an
extended term would be an amount equal to the monthly parking fee charged by the City at that
time.
8. Term. The initial term of this Agreement shall commence on the Effective Date
and shall expire three (3) years thereafter (the "Initial Term"). This Agreement may be renewed,
upon mutual agreement of the parties, for three (3) successive one (1) year periods, upon
delivery of written notice from Fortune to the City sixty (60) days prior to the expiration of the
current term of this Agreement.
9. Assi2nment. This Agreement may not be assigned or sublet by Fortune, in whole
or in part, without prior written consent of the City.
10. Improvements. No structures or improvements of any kind shall be placed upon
the Lehman Parking Lots without prior written approval of the City.
11. Maintenance. Fortune shall keep and maintain the Loops Parking Lots and prior
to construction of the Improvements, the Park-Like Area, in good and safe condition, including
the regular removal of all litter and trash, and repair any damage to the property caused by its
employees, agents, and subcontractors.
MIADOCS 781212 6
12. Indemnification. This Agreement is one of licensing of property and is not a
bailment. Fortune shall assume full responsibility for its vehicles and those of its employees,
agents and invitees, and the contents of the vehicles. Fortune, as a material part of the
consideration to be rendered to the City under this Agreement, to the extent permitted by law,
hereby waives all claims against the City, its agents servants or employees for loss, theft or
damage to property in, on or about the Parking Lots. To the extent permitted by law, Fortune
shall indemnify, defend and hold the City, its employees and public officials, agents, and
servants harmless from, and on account of, any damage or injury to any person, or to the
property, goods, wares and merchandise of any person, arising from the use of the Parking Lots
by Fortune, its agents, servants, employees, contractors, invitees or licensees.
13. Assumption of Risk. Consistent with paragraph seven and not as a limitation of
the aforementioned paragraph, all property belonging to Fortune or any user of the Parking Lots
shall be there at the risk of Fortune or such other person only. Except for the deliberate or
negligent act of the City or its agent or employees, the City, its employees and public officials,
and agents shall not be liable for injury to persons, or damage to, or theft of, or misappropriation
of such property by any means whatsoever. Fortune shall give prompt notice to the City in case
of any such injury, damage, theft, or misappropriation. In case any action or proceeding should
be brought against the City by reason of any obligation on Fortune's part to be performed under
the terms of this Agreement or arising from any act or negligence of Fortune, or of its agents or
employees, Fortune, upon notice from the City, shall defend the City at Fortune's expense, by
counsel reasonably satisfactory to the City.
14. Compliance with Law. Fortune shall comply with all applicable state, county
and City laws and ordinances in fulfilling its responsibilities under this Agreement. The Parking
Lots shall be used by Fortune, its employees, contractors, agents, and invitees, pursuant to such
rules and regulations, as the City shall from time to time promulgate. It is understood by the City
that Fortune may reconfigure the individual parking spaces in the Loop Parking Lots in order to
permit additional vehicles to utilize the Loop Parking Lots, including the double stacking of
parking spaces.
15. Default. In the event of any default by either party under this Agreement, the
non-defaulting party shall have the right to terminate this Agreement upon thirty (30) days
notice.
16. Leasehold Interest. This Agreement and the rights of Fortune shall be and are
made subject and subordinate to the Loop FDOT Lease and the Lehman FDOT Lease. In the
event of termination of either lease, the City shall be released from any future liability upon any
covenants or conditions, express or implied, herein contained in favor of Fortune, and in such
event, Fortune agrees to look solely to the successor in interest to the City in and to this
Agreement; provided however, that in the event Fortune's use of the Parking Lots is terminated
as a result of such termination, City shall refund Fortune any prepaid sums for any period
subsequent to said tennination date.
MIADOCS 781212 6
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17. Attornevs Fees. In the event of any dispute arising out of or related to this
Agreement, the prevailing party shall be entitled to receive from the other party the reasonable
attorneys' fees, costs and disbursements and court costs incurred by the prevailing party through
the trial and all appellate levels and including any of same incurred in connection with
enforcement of judgments and other collection costs.
18. Bindin2. The provisions of this Agreement shall be binding upon the parties
thereto and their respective successors and/or assigns.
19. Entire A2reement. This Agreement constitutes the entire agreement between the
parties and may not be changed, altered or modified except by an instrument in writing signed by
the party against whom enforcement of such change would be sought.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
on the day and year first written above.
WITNESSES:
FORTUNE BEACH, LLC, a Florida limited
liability company
L.?/ltMWa::
/~~A .. /~
~?v ~/(JY
By: Fortune International Equity Corp., a Florida
corporation, as Manager
By:
ATTEST:
CITY OF SUNNY ISLES BEACH
::;. i I ;< .
f/ " I /. ,.
V l - - .
I) "Ii . ,i, / .... '-: / _. _,
By: . 1(YlMrv;;::J ~lt.lt.tv.'/
No an S. Edelcup, Mayor
~~A~
Jane A. Hines, City Clerk
!
!
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
MIADOCS 781212 6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LEASE AGREEMENT
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PaQe 1 ot 5
THIS AGREEMENT, made this / g 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
cPt123 , by and between the STATE
CITY OF SUNNY ISLES BEACH,
Exhibit" A"
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 6/30/2008 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.
My 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 uneamed 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 SiB
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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 Six 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 landlord lien, any structures or
improvements constructed by Lessee shall be removed by Lessee, at Lessee's sole cost and expense, by midnight on the day of
tennination of this Lease and the leased property restored as nearty 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 occl4>8nCY 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 discretion, deems necessary. My adjustments shall be done at Lessee's sole cost and expense.
5. Maintenance. 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 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 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 risjlt, 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 grollldwater; monitoring well installations; 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 risjlt of immediate inspection, and the right; but not the obligation, to engage in remedial
action, without notice, the sole cost 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 harmless 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 performance of the Lease.
'#hen 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 determine 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. Insu~. 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 bodilv iniury or death to any one person or any number
of persons in anyone occurrence and not less than ONE MILLION ($ 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 sLdl policies shall contain a
provision whereby the same cannot be canceled or modified unless Lessor is given at least sixty (SO) 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.
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Lessor may require the amount of any public liability insurance to be maintained by Lessee be increased so that the amoLl'lt thereof
adequately protects Lessor's interest. Lessee further agrees that it shall during the full tann of this Lease and at its 0""" expense keep
the leased property and any improvements thereon fully insured against loss or damage by fire and other cesuaJty. Lessee also
agrees that it shall during the full term of this Lease and at its 0""" expense keep the contents and personal property located on the
leased property fully insured against loss or damage by fire or other casuahy 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 resuhed in whole or in part from the negligence of the 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 ~rties 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 resuh of termination of this Lease, including any residual interest in the Lease, or 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 mi!tlt have for full compensation, or damages
of any sort, including special damages, severance damages, removal costs, or loss of business profits, resuhing from Lessee's loss of
occupancy of the leased property, or any such rights, claims, or damages flowing from adjacent properties owned or leased by Lessee
as a resun of Lessee's loss of occupancy of the leased property. Lessee also hereby waives and relinquishes any legal rights and
monetary claims vJlich 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 leased 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 Yttlether this Lease is still in existence on the
date of taking or sale; or has been terminated prior thereto.
9. Miscellaneous.
a. This Lease may be terminated by Lessor immediately, without prior notice, upon default by Lessee hereunder,
and may be terminated by either party, without cause upon THIRTY ( 30 ,) days prior written notice to the other party.
b. In addition to, or in lieu of, the tenns 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 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 modification, waiver, or amenanent 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 10 the address for rent payments and all notices to Lessee shall be sent to:
17070 Collins Avenue, Suite 250, Sunny Isles Beach, Rorida 33160
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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:
By:
Print Name
~A:V\ b <;f\VY\5: DO
~
Attest:~~ >iI~
Nam&'Title: l\~IlI'Pt" \' -c -t-' I L (J n" jII <.: ~x ~<!. . S;ecl web ru
~ I ~
Print Name
Title: ~ f\ y () R-
Attest
~~r.. f\ ~~
~ArJ'$ U \ ,u [ ).
(SEAL)
LEGAL REVIEW:
(JY-J-J) ~
Print Name
District Counsel
Title:
Q~ r bi..RK
U. 111\ I~ c~a~( S;;c~Jl1i~
Print Name
SIB
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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 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 N87" 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 DESCR/BED LINE FOR 98.27 FEET TO THE POINT OF BEGINNING;
THENCE RUN S85053'02"W FOR 34.03 FEET; THENCE RUN S61049'06"W FOR 58.79
FEET, THENCE RUN S22012'08"W FOR 42.53 FEET; THENCE RUN S53"29'32"W FOR.
9.88 FEET; THENCE RUN S26032'31"W FOR 28.13 FEET; THENCE RUN S4T13'31"W
FOR 14 79 FEET; THENCE RUN S25027'08"W FOR 39.04 FEET; THENCE RUN
S41'04'07"W FOR 15.17 FEET; THENCE RUN S010'2'45"W FOR 15.55 FEET; THENCE
RUN S48038'25"W FOR 13.78 FEET; THENCE RUN S19035'56"W FOR 21.50 FEET;
THENCE RUN S11040'56"W FOR 16.39 FEET; THENCE RUN SOO'41'25"E FOR 60.57 FEET;
THENCE RUN S87"35'39"E FOR 92.24 FEET; THENCE RUN N12021'58"E FOR 85.69 FEET;
THENCE RUN N02" 30'20"W FOR 25.64 FEET; THENCE RUN N 13" 17'12 "E FOR 18.10 FEET;
THENCE RUN N37"13'30E FOR 20.25 FEET; THENCE RUN N57024'02"E FOR 10.98 FEET;
THENCE RUN N72'55'16"E FOR 15.34 FEET; THENCE RUN N21057'50"W FOR 9.75
FEET; THENCE RUN N64.46'04"E FOR 9.67 FEET; THENCE RUN.N39013' 17"E FOR 9.67 FEET;
THENCE RUN NOSoOO' 4 7"E FOR 31.48 FEET; THENCE RUN NOY:18'04 "E FOR
918 FEET; THENCE RUN N09009'48"E FOR 1 0.25 FEET;
THENCE RUN N 1 0001' 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 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 N8T47'26"E ALONG SAID NORTH RIGHT OF WAY LINE OF STATE
ROAD No.826 FOR 123.44 FEET; THENCE RUN S02012'34E AT RIGHT ANGLES TO THE LAST
DESCRIBED LINE FOR 303.49 FEET TO THE POINT OF BEGINNING; THENCE RUN 540.21 '44"W
FOR 4.82 FEET; THENCE RUN S13040'28"E FOR 16.73 FEET; THENCE RUN 517"32'47"E FOR
17.38 FEET; THENCE RUN S2T55'05"E FOR 29.18 FEET; THENCE RUN S48044'36"E
FOR 31.26 FEET; THENCE RUN 565"34'23"E FOR 22.57 FEET; THENCE RUN
S83' 39'20"E FOR 42.16 FEET; THENCE RUN S89006'10"E FOR 227.08 FEET; THENCE
RUN N02"00'37"W FOR 78.14 FEET; THENCE RUN N86007'27"W FOR 330.75 FEET TO
THE POINT OF BEGINNING.
CONTAINING 26878 SF or 0.62 ACRES
SIB
ADDENDUM TO LEASE AGREEMENT
Item/Segment No.
WPI No.
State/Job No.
FAP No.
SRNo.
County
Parcel No.
2490471
6113224
87170-2517
N/A
SR 826 Causeway Bridge
Miami- Dade
6075
THIS AGREEMENT, made this&- Day of of 2003, 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 tenns 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 interlere 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 inunediately, 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 tennination 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.
SIB
ItemlSegxrent No.
WPI No.
StateIJob No.
FAP No.
SRNo.
County
Parcel No.
AN ADDENDUM ~s . S Day of :S~
dated --L-Day of ' Of 2003.
2489141o?19o?i~1
-fjllJt51 ??//3 '22fL
g7170 3630 S::-1//tJ-$,
N/A
SR 826 Causeway Bridge
Miami-Dade
6075
Of 2003. TO LEASE AGREEMENT,
All other tenns and conditions of the Lease Agreerrent remain unchanged and with this confirmed and
ratified by Lessor and Lessee.
LESSOR
STATE OF FLORIDA DEPARTMENT OF
TRANSPORT A TION
BY:~~
Distri t Six Secre ary
By:
TITLE: 'mA~oY2-
SiB
u_
17070 Collins Avenue · Suite 250 · Sunny Isles Beach, FL 33160
'1'1,:1.: 305 947 0606 · F.\X: 305 9493113
CITY OF SUNNY ISLES BEACH
Exhibit A
April 15, 2003
CITY COMMISSION
1)\\'11) ~.\M~ON
~lo\ YOi(
NOR,\J.\N s. FOF.LeUI'
VI u. M,\ YOR
(;FRRY (;OOO/l(,\N
( .()MM1~SIONFR
D.\NNY IGLlc~J.\S
U )~IMIS~I()NI:.K
1.11. \ ".\ url'~I\r-.i
u )~I~lISSIONri(
Chn:-:rorhcr.J. Rus:,o
(.1(~ 0hlLlgL'r
l.\'nn i\1 f):lnnhl:'l~='l'r
(:I~' .\rrornLY
I.II1C \ I flnc,
\(tlng Clt) C!uk
Olga Pico
Property Management Agent
Florida Department of Transportation
1000 N.W. 111 Avenue Room 6116
Miami, Florida 33172
SUBJECT: Financial Project 10 No,
W.P.I. No., 6113151
Section No. 87170-3630
FAP No. N/A
SR No. SR 826
County Miami-Dade
2489741
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~rs after the lease is
executed. The City understands the plans must be approved
by FOOT prior to starting any work.
If you need any further information, please call on me
for assistance. The City thanks for your cooperation in
this matter.
I'Ge ge Fi sher
Grant Coordinator
ECEivE
APR 1 b 2003
RIW ADMIN]
DIS'IRICV~ION
SIB
ACORD. CERTIFICATE OF LIABILITY INSURANCE eM C8 I DATI I_IVVI
CJ:TYO-2 07/03/03
~~ODUce~ THIS CERTFlCATE .188UED AS A MATTER OF INFORMATION
ONLY AHIJ CONFERI NO RIGHTIlPON THE CIRTFlCATE
BROWN 5 BROWN INC HOLDER. na CERTFlCATE DOES NOT MEM), EXTEND OR
8000 GOVEIUlORS SQUJUU: BLVD 400 AI. TIR THE COVUAGIi AFFORDED IV THE POl.IC.. I.LOW.
~~ ~S FL 33016-1~88 INIURER8 AFFORDING COVERAGE
Phon.: 305-364-'7800 "..:305-822-5687
1".UfIt~D INSuReR A COREGIS INSURANCE CO
INSVAeR "
CITY OE' SUNNY ISLES BEACH INSuReR C
CHR~STOPRER J. RUSSO CITY MGR
170 0 COLLINS AVE.tLSUITE 2~0 INSURfR 0
SUNNY ISLES BEACH 33160
INSUIlEI'/ E
COVERAGES
THe POLICieS Of' INSUftANCI! L1STe:o saow HAve llI!eN ISsueD TO THe INSURl!D NAMeD A80V!! ~O" THe POLICY peRIOD INDICATeo. NOTWITHSTANDING
IWY AEOUIREMENT. TaW OR CONDITION OF IWY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE MORANCE AFFORDED BY THE POliCES DESCRIBED HEREIN IS SUBJECT TO AlL THE TEAMS, EXCLUSION&' AHD CONDITIONS OF SUCH
POLICieS. AO<JN!GATI! LMTS SHOWN MAY HAve IH!I!N ~CI!D BY PAID CLAIMS
IN'~ TV". 0' INSURANCE 'oue., HUMBI.... ! DATE: MMIODJY'f' ....TlIMMfDDlVY'. UMrn
LTll
GENEIIAI. LlAllIUTY I EACH OCCUI'/RENCE S 1,000,000
>--
A I COMMERCiAl GENERAL UAIlrUTY 651011257 07/01/02 10/01/03 FIRE DAMAGE (Any a"" n,.) S 50,000
I CLAlMS MADE [!] OCCUR "ED E><l' (Any on. Der>on) S 5,000
- PfRSO~ & /IlCV I~VAV S 1,000 000
GENERAl AGGREGA TE _. . s 1 000,000
-
CEN'L AGGREGA TE U~lT APPLIES PEQ PQOOUCTS. COWPIQP ACG s INCLUDED
I POLlCV n ~E~~ - n LOC
R~'U-'~ .
COMBINEO SINGLE UMIT 5
AA"f AvTO (Ea .cc1dentJ
AU. DINNED AuTOS BOOIl V II"(JVRv
5
SCHEDULED AUTOS (Per person)
HIRED A\JTOS BODrL v INJURY
H I S
H NON.OW><ED AuTO'; I (Pe-r icclden[)
PROPERTy DAMAGE S
. (Per iCClaent)
GAR.a-G~ UA81UT Y I AUTO ONl,. V. fA ACCIOfN'r S
r=~ A.... AuTO I OTMER THAN fA ACe s
I AUTO ONL V AGO S
I 'XCii'; UA'IlL.lTY EACH OCCuwQENCE 5
P OCCuQ D CLA1~S """ACE AGGQEGA,TE S
h 5
iY OECuC T,8Lf ! I I 5
I
QETENTION S : s
WORKERS COMPENunON MO I ! ~~R~I~~YTS i !O;~. i
EMPLOYERS'llABIUTY Is
E l EACH ACCIDENT
f L Dlse....sE . fA EMPLOYEE 15
E L DISEASE. POller LIMIT ! '
On..ER
I
D"CRJPTlON OF OPliRAnON&lLOCAnONClVliWICl..5lJ1iXCLUllONIi ADDIiD .Y liNDDIAIIiMIiHTIS'IiClA4. PRCYlelONe
Certificate Holder named as an additional. insured with reqard to leased
vacant land at: SRS26 Causeway Bridge (Parcel 6075) , Miami-Dade County, FL
CERTIFICATE HOLDER I Y I ADomoNAI. IN.UIUD, IN'UIU~ LZTTI!Il.; A CANCELLATION
FLO-172 SHOULD ANY 0' THe AIlIOYe OeSCIlI.'8!D 'DUCI!S It! CANC!L.L..!O 8!'Ofle THe !)U.,MTlOH
FLORIDA DEPT OF TRANSPORTATION DATI! THelll!O'. THI! ISSUING INIUIlI.2.. MU INOIAVOft TO MAlL ~ OAYS WIIm!N
RI GMT OF WAY ADM-DISTRICT SIX NOTICE TO THE CE'UlfICATE HOLDE" NAMED TO THE un. BUT '...LUIU TO 0080 SHALL
ROOM 6116
1000 1m 111 AVENUE IM"OSE NO ORUGAnON OR UAIIIUTY OF MY KIND UPON THE INSURE". IT5 AGENTS OR
MIJWI FL 33172 1ll'~UENTATlVU.
A~D ItIPItl"NTAnv5 ~
I . A.O O.A~ .... -
1::11"" .
ACORD 25-S (7/17) , I ()
ACORD CORPORATION U88
S~B
Exhibit "B"
S,HE OF cLOR:8' CEP\~I.\1E.,"T OF TR.\:-;SPORT'\TIO,"
LEASE AGREEMENT
FOR.\l 57S-<-'6(J.)J
R,GHT OF w" Y .09'9.l
PJg~ 1 of j
It~mJSegment No. 248831-1
Srare Projecr 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. 600 I (Exhibit A)(Lots 1 & 2)
THIS AGREEMENT, made this / to Haay of Pehru.ar~ ,~2~~, by and between the
STATE OF FLORlDA DEPARTMENT OF TRANSPORTATION, (hereina ter called the Lessor) , and CITY OF
SUNNY ISLES BEACH (hereinafter called the Lessee),
RECEIVED
NO V '!.. 7 2000 J
It 0 unny Isles Be3Ch
ouree 01 the City Managel
WIT~'ESSETH:
In consideration of One Dollar ($1.00) and ocher 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
0;;( - J If) - 2DDO and ending 0:; - /&; - d OJ 0 . This Agreement may be 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 defmed 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, confonn 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($IOO.L plus tax, for each Qne year of the term. If this Agreement is terminated prior to the end of anv rent n;:lvrnent
S~ ~
~
FOR.\1 575-06(}.))
RIGHT OF WAY. 09194
PJge 2 of 5
period. the unearned portion of any rent payment, less any other amounts mat 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 rea] property taxes. Rent payments shall be made payable to the Department of Transportation and shall
be sent to Right of Way Administration. 1000 NW III 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 date
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 -Y.L 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 mis 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 no\v 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 O\llTl 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 me same
becoming dangerous, inflammable or objectionable. Lessor shall have no dury to inspect or maintain any of me land,
buildings or orner 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 \vould 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 me defense and trial of any claim and any related settlement negotiations, shall be
triggered by the Departmem's notice of claim for indemnification to Lessee. Lessee's inability to evaluate liability or it'> I E
evaluation of liability shall not excuse Lessee's duty to defend and indemnify within seven days after such notice by t1i) u
Department is given by registered mail. Only an adjudication or iuap-mpnt ;:jffpr fn.. h;~hM' ~__~~l :_ _..1..~..~.~,.l
FOR.\! 5'5.0(;0..3:
R!GHT Or \\'.~ y . 0919-
PJge 3 of ~
specifically finding the Deparunent 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.
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 anyone person or any number
of persons in anyone 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 \vith 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.
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 parry.
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 bet\veen Lessee and S I
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 anrl T f"~~m with rP<"n",,..' .~ ,h~ -..L'_
FOR.\f 57:i-C6(Ljj
,,;G;.;T OF '.10',-\ Y . 09'94
Pogo 4 or j
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. Acceptance
by Lessor of rental from a third party shall not be considered as 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 orner 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
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.
SIB
FOR.\1 575-D60-n
RlGHT OF WA y. 09,~
Page .5 cf 5
IN \'/ITNESS WHEREOF, the parties hereto have caused these presents [0 be executed, the day and year first
above written.
APPROVED AS TO FORM.
A GALITY:
TA TE OF FLORl
DEPARTMENT 0
Attest:
~~
Executive Secretary
Margaret Higgins
(SEAL)
LESSOR
By:
Title:
u~ f'v\~
Attes~~ ~~~l1. (SEAL)
Title: C.\~ M~~
.' . .
LESSEE
. ~
'" ----.---,...
SIB
h: ILtl\al_ worklsunnyisl. ()()4
-
ADDENDUl\1 TO LEASE AGREEMENT
Item/Segment No.
WPf No.
State/Job No.
FAP No.
SRNo.
County
City
Parcel No.
Parcel No.
248831-1
6113008
87013-2509
N/A
856,Wm. Lehman Cwy
Miami Dade
Sunny Isles Beach
6000 (Exhibit B)(Lot 3) &
600 1 (Exhibit A)(Lots I & 2)
THIS AGREEMENT, made this J/i!!day of Februa,rg of 2000, shall serve as an
ADDENDUM to the Lease Agreement made this JJcl1J day of, FebtUl'Lr:J 2000, by
and between the FLORlDA DEPARTMENT OF TR.A.NSPORT A TION, as lessor and the CITY
OF SlTi'-fNY ISLES BEACH, as lessee. In addition to the provisions contained in the Lease
Agreement, the follo\\ing terms and conditions supersede the language contained in the Lease
Agreement.
I. USE.
Parking motor vehicles and instaIlation of parking meters for public purposes.
2. INDEMNITY AND INSUR.\NCE.
To the extend provided by law the CITY OF SUNNY ISLES BEACH (CSIB) shall indemnify,
defend, and hold harmless the FLORIDA DEPARTl\-IENT 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 \vill 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.
V/hen FOOT receives notice of claim for damages that may have been caused by CSIB in the
performance of services required under this Agreement, FDOT wiIl 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 FOOT 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 wiII each pay its
0\\11 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 i/-,.:t!a!- work\swmyis! 008
S I f
Page Two
I ~OOO
AN ADDENDIDI made this & Day of FebrUo./:J.-OfJJ)99, TO LEASE AGREEl\1ENT,
datedJlLDayof r-ehrlACLVij Of~.O?OOO
Item/Segment l'io.
WPI [\;0.
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)(l.ots 1 & 2)
All other terms and conditions of the Lease Agreement remain unchanged and with this confirmed
and ratified by Lessor and Lessee.
LESSOR
STATE OF FLO
DEPART~IENT
LESSEE
CITY OF SL'NNY ISLES BEACH
By:
TIT
c\~.~~~
h: rxr\a'-work\sull1zyisl. 008
. --'-" .~-
~<
SIB
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 51
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 Southbound Lanes to
a 2' 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.
SIB
EXHIBIT "B"
State Road No.: 856
Miami-Dade County
Miami, Florida
Parking Lot 3
.~pril 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-I-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-I-A); all of the above
described parcel lying under the overpass for Ramp "B" and its
shadows, as shown on said plans for Project ~ro. 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.
SIB
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PARCEL "A"
COMMENCE AT THE NW CORNER OF SECTION 14, TOWNSHIP 52 SOUTH, RANGE 42
EAST, MIAMI-DADE COUNTY, FLORIDA; THENCE RUN N85'S'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 N87"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 S8S"S3'02"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 S41'13'31"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"38'2S"W FOR 13.78 FEET; THENCE RUN S19"3S'56"W FOR 21.50 FEET;
THENCE RUN S11"40'S6"W FOR 16.39 FEET; THENCE RUN SOO"41'2S"E FOR 60.57 FEET;
THENCE RUN S87"35'39"E FOR 92.24 FEET; THENCE RUN N12"21'58"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 N31'13'30E FOR 20.25 FEET; THENCE RUN N51'24'02"E FOR 10.98 FEET;
THENCE RUN N72"S5'16"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 NOS"OO' 47"E FOR 31.48 FEET; THENCE RUN NOT 1"8'04"E FOR
9 18 FEET; THENCE RUN N09"09' 48"E FOR 1 0.25 FEET;
THENCE RUN N 10"01' 58"E FOR 11.65 FEET; THENCE RUN Nag" 49' 1 4 "E FOR 19.33 FEET:
THENCE RUN N2T 10' 13"E FOR 29..59
FEET TO THE POINT OF BEGINNING.
SHEET 3 OF 3
CONTAINING 25424 SF or 0.58 ACRES
PARCEL "s"
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
RECORDEO 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 N81'47'26"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 SlT40'28"E FOR 16.73 FEET; THENCE RUN Sl1'32'47"E FOR
17.38 FEET; THENCE RUN S21'55'05"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
583" 39'20"E FOR 42.16 FEET; THENCE RUN 589"06" O"E FOR 227.08 FEET; THENCE
RUN N02"00'37"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
Exhibit "e"
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SITE PLAN
163rd Street Wharf
City of Sunny Isles Beach Florida
2I3ID5
SIB
''=3O"-G''
Exhibit "D"
Improvements to Park-Like Area
1. Landscaping /irrigation
2. Pavers/sub-base material
3. Asphalt Paving and base
4. Concrete curb
5. Parking stripping
6. Clearing of lot
7. Light bollaids
SIB
MIADOCS 802992 I
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
Christopher J. Russo, City Manager
Erica N. Wright, Acting City At/orney
Jane A. Hines, City Clerk
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Christopher J. Russo, City Manager
DATE: June 9, 2005
RE: Parking License Agreement With Fortune Beach, LLC
RECOMMENDA TION
It is recommended that the City Commission adopt the attached resolution approving a Parking
License Agreement with Fortune Beach, LLC ("Fortune").
REASONS
The City has a lease agreement with the Florida Department of Transportation ("FDOT") for the
use of the parking lots and surrounding property under the William Lehman Causeway and the
Sunny Isles Boulevard Causeway. These agreements permit the City to collect a daily fee from
the general public for parking in these parking lots. In an effort to relieve some of the
construction related congestion on Collins A venue, Fortune has requested use of a portion of the
parking lots under the William Lehman Causeway and the Sunny Isles Boulevard Causeway for
the parking of employee cars, trucks, and construction equipment. In exchange for the Parking
License Agreement, Fortune has agreed to construct park-like improvements at the western
portion of the parking lot under the Sunny Isles Boulevard Causeway. The estimated value of
the improvements is Three Hundred Thousand Dollars ($300,000.00).
ADDITIONAL INFORMATION
In December 2003 the City entered into a similar agreement with Tangiers, an affiliate of
Fortune, for the use of parking spaces at the William Lehman parking lot. However, this
agreement terminated on December 1,2004. At the request of the City Commission, FDOT has
agreed with this proposal and the construction of the park-like improvements under the Sunny
Isles Boulevard Causeway.
CJRlpw
Agenda Item
Fortune Parking Agnnt For WLe & Siblvd Agenda Memo
Date
~
RESOLUTION NO. 2005 - 8~o
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING ADDENDUM NO.2
TO THE FLORIDA DEPARTMENT OF TRANSPORT A TION LEASE
AGREEMENT FOR THE AREA UNDER THE SUNNY ISLES
BOULEVARD CAUSEWAY BRIDGE, INCORPORA TING PARCELS
"C" AND "D" INTO SAID LEASE AGREEMENT AND ATTACHED
HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO
EXECUTE SAID LEASE AGREEMENT ADDENDUM; AUTHORIZING
THE CITY MANAGER TO DO ALL OTHER THINGS NECESSARY
TO EFFECTUATE THE TERMS OF THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in July 2003 the City entered into a lease agreement with the Florida
Department of Transportation for use of the right-of-way under the Sunny Isles Boulevard Causeway
Bridge for the provision ~f public parking; and
WHEREAS, the right-of-way underthe Sunny Isles Boulevard Causeway consists of Parcels
"A," "B," "C," and "D," but the Lease Agreement only included Parcels "A" and "B"; and
WHEREAS, the City now wishes to add the remaining parcels ("C" and "D") to the Lease
Agreement; and
WHEREAS, FDOT has agreed to this revision and has submitted Addendum No.2 to the
Florida Department of Transportation Lease Agreement for the area under the Sunny Isles Boulevard
Causeway Bridge, incorporating parcels "C" and "D" into said lease agreement and attached hereto
as Exhibit "A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Addendum No.2 to Lease Agreement. Addendum No.2 to the Florida
Department of Transportation Lease Agreement for the area under the Sunny Isles Boulevard
Causeway Bridge, incorporating parcels "C" and "D" into said lease agreement and attached hereto
as Exhibit "A", be, and the same, is hereby approved.
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute Addendum No.
2 to the Florida Department of Transportation 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 14th day of July 2005.
R2005- FDOT Siblvd Lease Agmt Addendum Page 1 uf 2
"
ATTEST:
..~A.~
Jane A. Hines, City Clerk
Approved As to Form and
Legal lic'ency:
Vote: S-D
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
Moved by:
Seconded by:
v (Yes)
-
~Yes)
1..--"'( Yes)
-
V(Yes)
----v(Y es)
-
q ~14!#vJj
an S. Edelcup, Mayor
/
VI <.t IY\~~ T H-I\-t..-f (L
Gm~\o.u~ ~'bl'r\I'\-t\J
_(No)
_(No)
_(No)
_(No)
(No)
R2005- FDOT Siblvd Lease Agmt Addendum Page 2 of 2
"
JEB BUSH
GOVERNOR
~
Florida Department of Transportation
OFFICE OF RIGHTOJ. WAY
ADMINISTRA110N - DISTRIC/' SIX
1(){)() NW 111 A VENUE-ROOM 6116
MIAMI, FLORIDA 33172
PHONE: (305)470-S1S0/SC429-S1S0
DENVER J. STUTLER, JR.
SECRETARY
August 12, 2005
CERTIFIED MAIL NO.
700208600001 52497681
Ms. Jane A. Hines, City Clerk
Sunny Isles Beach Government Center
18070 Collins Avenue
Sunny Isles Beach, FL 33160
SUBJECT: EXECUTED ADDENDUM NUMBER TWO
Financial Project ill No. : 2490471
W.P.I. No. : 6113224
Section/Job No. : 87170-2517
FAP No. : N/A
State Road No. : SR 826 Causeway Bridge
County : Miami-Dade
PMcel :6075
Dear Ms. Hines:
Enclosed please find an executed Addendum Number Two, incorporating Meas C & D to the
existing Lease Agreement dated July 1,2003, between the Department of Transportation and the City
of Sunny Isles.
If I can be of any further assistance or if you have any further questions, you can reach me at
(305) 470-5340.
.;
Enclosures
cc: Paul Wilson, File
www.dot.state.fl.us
* RECYCLED PAPER
.'
ADDENDUM No.2
TO LEASE AGREEMENT
REVISION OF LEASED AREA
Item/Segment No.
WPI No.
State/Job No.
FAPNo.
SRNo.
County
RWMS No.
Parcel No.
2490471
6113224
87170-2517
N/A
SR 826 Causeway Bridge
Miami-Dade
3129
6075
THIS AGREEMENT, made this 4 day of ~. of2005, is an Addendum to
the Lease Agreement dated July 1,2003 between the ST E OF FLORIDA DEPARTMENT OF
TRANSPORTATION, (hereinafter referred to as the Department/Lessor), and THE CITY OF
SUNNY ISLES BEACH, (hereinafter called the City/Lessee),
WHEREAS the Department granted the City a lease dated July 1,2003 for a parcel ofland known as
Parcel 6075, and described in Exhibit "A" to the said Lease Agreement, containing Parcels "A"
and "B" for a total of 52,302 square feet. The purpose of the agreement is to modify the land area
to be covered by the said Lease Agreement by including Parcels "C" and "D" to the existing Lease
Agreement as described in attached Exhibit "A", containing approximately 8,055 square feet. The
areas will be use for parking and landscaping. All other terms and conditions of the Lease
Agreement dated July 1,2003 shall remain unchanged.
IN WITNESS WHEREOF, Ct~.i::ax~ caused this Addendum to the Lease Agreement to be
executed on this ~ of ',{.':;. CT1005.
CITY OF SUNNY ISLES BEACH
Less
t/
By:
STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATI N: Lessor
By:
Attes~ A ~
Attest:
Marg et Higgms
Executive Secretary
Jane A. Hines
Title: City Clerk
Legal Review:
~~Q9 Q
~chloss, Esq.
District General Counsel
SIB
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SHEET 3 OF 4
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 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 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 S53'29'32"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'1 0'2' 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 S8T35'39"E FOR 92.24 FEET; THENCE RUN N 12'21 '58"E FOR 85.69 FEET;
THENCE RUN NOZ 30'20"W FOR 25.64 FEET; THENCE RUN N 13' 17'12"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 N7Z55'16"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'OO' 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 N 10'0 1'58"E FOR 11.65 FEET; THENCE RUN N09' 49' 14"E FOR 19.33 FEET;
THENCE RUN N23' 10' 13"E FOR 29.59
FEET TO THE POINT OF BEGINNING.
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 S 13' 40'28"E FOR 16.73 FEET; THENCE RUN S 1 T 32' 4 7"E FOR
17.38 FEET; THENCE RUN S2T55'05"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
583' 39'20"E FOR 42.16 FEET; THENCE RUN S89'06'10"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
~s \ B
SHEET 4 OF 4
PARCEL "c"
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 4 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 N87'47'26"E ALONG SAID NORTH RIGHT OF WAY LINE OF STATE
ROAD No.826 FOR 74.06 FEET; THENCE RUN S02.12'34E AT RIGHT ANGLES TO THE LAST
DESCRIBED LINE FOR 248.03 FEET TO THE POINT OF BEGINNING; THENCE S06.31 '57"E FOR
7.49 FEET; THENCE S77'29'09"E FOR 5.94 FEET; THENCE S45'54'54"E FOR 5.94 FEET;
THENCE S 15.07'05"E FOR 11.23 FEET; THENCE S06'22' 42"E FOR 11.23 FEET;
THENCE SOS05'06"E FOR 13.87 FEET; THENCE S04.15'21 lOW FOR 11.45 FEET;
THENCE S 11. 34'00"W FOR 16.77 FEET; THENCE S09.26' 16"E FOR 8.32 FEET;
THENCE S33"03'57"E FOR 9.71 FEET; THENCE S45.02'55"E FOR 19.44 FEET;
THENCE S25. 32' 47"E FOR 15.10 FEET; THENCE S37' 43' 16"W FOR 8.22 FEET;
THENCE S55'09'51 lOW FOR 9.05 FEET; THENCE S72.11'56"W FOR 6.96 FEET;
THENCE N85'46'53"W FOR 8.53 FEET; THENCE N65.15'32"W FOR 1 0.57 FEET;
THENCE N44.40'30"W FOR 8.59 FEET; THENCE N22.34'24"W FOR 4.46 FEET;
THENCE N09'25'45"W FOR 79.45 FEET; THENCE N10'30'3S"W FOR 6.60 FEET;
THENCE N02.0S'37"E FOR 11.16 FEET; THENCE N 18' 30' 38"E FOR 11.23 FEET;
THENCE N40. 35' 33"E FOR 9.51 FEET; THENCE N64.50'02"E FOR 11.54 FEET TO THE
POINT OF BEGINNING.
CONTAINING 4124.58 SF or 0.095 ACRES
PARCEL "D"
COMMENCE AT THE NW CORNER OF SECTION 14, TOWNSHIP 52 SOUTH, RANGE 42
EAST, MIAMI-DADE COUNTY, FLORIDA; THENCE RUN N8S.S'31"E ALONG THE
NORTH LINE OF SAID SECTION 4 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 N87'47'26"E ALONG SAID NORTH RIGHT OF WAY LINE OF STATE
ROAD No.826 FOR 183.80 FEET; THENCE RUN SOT 12'34E AT RIGHT ANGLES TO THE LAST
DESCRIBED LINE FOR 65.05 FEET TO THE POINT OF BEGINNING; THENCE S06.48'23"E FOR
84.05 FEET; THENCE S82.49'50"W FOR 12.03 FEET; THENCE S78.31'12"W FOR 20.20 FEET;
THENCE S68.38'41"W FOR 14.79 FEET; THENCE S58.10'25"W FOR 11.65 FEET;
THENCE S49. 41' 48"W FOR 9.76 FEET; THENCE S46. 43' 11"W FOR 5.50 FEET;
THENCE N56.59'54"W FOR 5.02 FEET; THENCE N 11.18' 49"E FOR 20.52 FEET;
THENCE N19'03'31"E FOR 31.08 FEET; THENCE N23'51'58"E FOR 7.11 FEET;
THENCE N31'27'52"E FOR 22.15 FEET; THENCE N40'OO'20"E FOR 22.89 FEET;
THENCE N48.08'48"E FOR 20.04 FEET; THENCE N5S53'10"E FOR 3.50 FEET TO THE
POINT OF BEGINNING.
CONTAINING 3930.03 SF or 0.09 ACRES
S\B
. "'jUN-24-2005 14:37
BROWN & BROWN
P.02
" .-.
. . DATE (IIM1ODIVYVY)
ACORD,. CERTIFICA TE OF liABILITY INSURANCE CSR C8 I
CITYO-2 06/24.105
IODUcet THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
ROWN & BROWN INC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
000 GOVERNORS SQUARE BLVD 400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
~ LAKES FL 33016-1588
hcne:30S-364-7800 Fax:305-822-S687 INSURERS AFFORDING COVERAGE NAIC#
.-
JURED INSURER A: PREi'ERRED GOVERNMENTAL
..."-
INSURER 8:
CITY' OF SUNNY ISLES BEACH INSUReR C:
CHRISTOPHER. J, RUSSO S CITY MGR 4.... '-.
17070 COLL%NS AVZ.fL UIT.B 250 INSURER D:
SUNNY ISLES BBACB 33160 ~.
III/SURER E:
)VERAGES
rHE POUCIES OF INSURANCE LISTED SeLOW HAVE BEEII/ISSUEO TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
WY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
'My PERTAIN, THE INSURANCE AFF'ORDED BY THE POLICIES OesCR/BED HEREIN IS SUBJECT TO AlL THE 'lERMS. EXCLUSIONS AND CONDITIONS OF SUCH
>O~leIES. AGGREGATE LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID eLAIM$.
DATEIMMJD~ ..
t~SRt TYPE OF INSURANCE POLICY NUMBfR . rDATEi_ UM/TS
G!NERAL LIABILITY EACH OCCURRENCE $ 5,000,000
- PKFL1013440103-02 10/01/04 10/01/05 pReMISEs (h~nc:el 50 000
X COMMERCIAL GENERAL LIABILITY S
j CLAIMS MACS [!] OCCUR MED ExP (Any one pcI1'1Q11) S 5,000
PERSONAl. & AOV INJURY S INCLUDED
t-- $10,000,000
GENERAL AGGREGATE
r- S DlCLUDED .
GEN'~ AGGReGATE liMn- APPUES PEA.: PRODUCTS - COM PlOP AGG
I POLICV n- ~~ n LOe
AUTtlM08lLE UABIU'lV COMBINED SINGLE UMlT
.- S
ANY AUTO (E.:lacidlllll)
-
ALL OWNeD AUTOS SODIL Y INJURY
- iii
SCHEDULED AUTOS (Per person)
r--
HIRED AuTOS BODILY INJURY
r-- 1Ii
NON-OWNED AUTOS (Per eeckle"l)
'--
PROPERTY DAMAGe $
(Per accidenll
GARAGE LIABfUTY AUTO ONLY - EA ACCIDENT ,
R ANY AUTO OTHeR THAN EAACC iii
AUTO ONLY: AGO S
EXCESSlUMBREUA UABlUTY EACH OCCURRENCE S
t=J OeCul'f o ClAIMS MADE "-
AGGREGATE s
S
'..
q DeDUCTiBlE s
,.
RETENTION S S
WORKERS COMPENSAnON ANI) I TORY UMrrS I /O:.t
EMPLOYeRS" LlAlIILllY -
ANY PAOPRlETOR/PARll\IER/EJCeCUTIVE E,L. EACH ACCIDeNT s
OFFICERlMEMBER EXCLUDED'? n. OISEA$e - EA EMPLOYEE S
If yes. Ileecrille under ......
SPECIAL PROVISIONS IIelow E.L DISEASE - POUCY LIMIT $
OTHER
:R1P11ON OF OPEItATlCIN$ , LCleAllONS I VEHICLES I EXCLUSIONS ADtlEO BY ENDORSEMENT I SPECIA&. PRCMSlONS
c:t.ificat.e Holder named as an addi.tional insured with regard t.o leased
::ant land at: SR826 Causeway Bridge (Parcel 6075), Miami -Dade County, FL
, AMENDED to include Parcels "C" and "0"
:TIFICA TE HOLDER
CANCELLATION
RO 25 (2001/08)
ta A~nOn t"nl:5l!!11^I!!!tA..,..... .ft....""
FLORIDA DEPT OF TRANSPORTATION
RIGH~ OF ~y ~-DISTRIC'1' SIX
ROOM 6116
1000 NW 111 AV!iNW
MIAMI FL 33172
nO-172
SHOUI.D ANY OF THE ABOVE DUCRlElI;O POLICies BE CANCELLED BEFORE THE I5XPlRAn
DATE THEREOF. THE ISSUING INSURER WILL IiNDIlAVOR TO MAIL 1.2.-. DAYS WRITTEN
NOTICE 1'0 THE CI;RllF1CATE HOLOER NAMED 1'0 THE LEFT. BUT FAII.URE 1'0 DO SO SHALL
IMpOSE NO OBLIGAnON OR LlA8IUTY 0" ANY KIND UPON THE INSURER, ITS AGE/IITl; OR
to
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
Christopher J. Russo, City Manager
Hans Ottinot, City Attorney
Jane Hines, Acting City Clerk
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Christopher J. Russo, City Manager ~
DATE: July 14, 2005
RE: APPROVAL OF ADDENDUM NO.2 TO THE FLORIDA DEPARTMENT OF
TRANSPORTATION LEASE AGREEMENT FOR THE AREA UNDER THE
SUNNY ISLES BOULEVARD CAUSEWAY BRIDGE
RECOMMENDATION
It is recommended that the City Commission approve the attached resolution approving an
addendum to the above-referenced lease agreement with the Florida Department of
Transportation ("FDOT").
REASONS
In July 2003 the City entered into a lease agreement with Florida Department of Transportation
(FDOT) for use of the right-of-way under the Sunny Isles Boulevard Causeway Bridge which
consists of Parcels "A," "B," "C," and "D," but the Lease Agreement only included Parcels "A"
and "B"; and the City now wishes to add the reaming parcels "C" and "D".
FDOT has agreed to this revision and has submitted addendum No.2 to lease agreement as
Exhibit "A" incorporating Parcels "C" and "D" into the existing Sunny Isles Boulevard
Causeway Bridge Lease Agreement.
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.
CJRJiw
FDOT - Siblvd Lease Agrmt Addendum Parcels C And D Agenda Memo
Agenda Item
10 M.
1- I Lj-oS
Date
RESOLUTION NO. 2005- ~7
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING A PARKING
LICENSE AGREEMENT BY AND BETWEEN THE CITY OF SUNNY
ISLES BEACH AND FORTUNE BEACH, LLC FOR USE OF A
PORTION OF THE PARKING LOTS UNDER THE WILLIAM
LEHMAN CAUSEWAY AND THE SUNNY ISLES BOULEVARD
CAUSEWAY; AUTHORIZING THE MAYOR TO EXECUTE THE
PARKING LICENSE AGREEMENT, ATTACHED HERETO AS
EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO EFFECTUATE THE AGREEMENT;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach ("City") has entered into lease agreements with
the Florida Department of Transportation ("FDOT") for use of the parking lots and surrounding
property under the William Lehman Causeway and the Sunny Isles Boulevard Causeway; and
WHEREAS, these lease agreements permit the City to collect a daily fee from the general
public for the use of those parking lots; and
WHEREAS, in December 2003 the City entered into a parking license agreement with
Tangiers Beach Associates, an affiliate of Fortune Beach, LLC ("Fortune"), for certain parking
spaces in the parking lot under the William Lehman Causeway, which agreement terminated on
December 1,2004; and
WHEREAS, Fortune wishes to continue using certain parking spaces in the parking lots
under the William Lehman Causeway and under the Sunny Isles Boulevard Causeway for the
parking of employee vehicles and construction equipment; and
WHEREAS, Fortune has agreed to construct park-like improvements at the western portion
ofthe Sunny Isles Boulevard parking lot in exchange for such use, which has an estimated value of
$300,000.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Parking License Agreement. The Parking License Agreement by and
between the City of Sunny Isles Beach and Fortune Beach, LLC for use of a portion ofthe parking
lots under the William Lehman Causeway and the Sunny Isles Boulevard Causeway, attached hereto
as Exhibit "A", be, and the same is hereby approved.
Section 2.
Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement.
Section 3.
Authorization of City Manager. The City Manager is hereby authorized to do all
R200S- Fortune Pkg License Agmt For Siblvd
Page 1 of 2
things necessary to effectuate the terms of the Agreement.
Section 4.
Effective Date. This Resolution will become effective upon adoption.
ATTEST:
~~.A...~
Jane . Hines, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
~ it-. ~1!;
Enca N. Wright, Act g City Attorney
Moved by: GY\"VW\ \.~ C \0\0 €.tL Goe lr\A-tll
Seconded by: ~4 VY\~~V" Tb\1tL~
Vote: 5-0
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
:;JYes)
~Yes)
_(Yes)
t/Yes)
_(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
RZOOS-Fonune Pkg License Agmt For Siblvd
Page 2 of 2
CITY OF SUNNY ISLES BEACH
PARKING LICENSE AGREEMENT
This Parking License Agreement ( this" Agreement") is made as of the~.r day ofA-1I9 V'.sT
2005, by and between the CITY OF SUNNY ISLES BEACH, a municipal corporation ("City")
and FORTUNE BEACH, LLC, a Florida limited liability company ("Fortune") and/or assigns.
RECITALS
WHEREAS, the City has previously entered into a lease agreement ("Loop FDOT Lease")
with the Florida Department of Transportation ("FDOT") for the use of the parking lots and
surrounding property known as the "Inner Loop" under the Sunny Isles Bridge and SR 826, as
more particularly described in Exhibit "A" attached hereto and incorporated herein by reference
(collectively, the "Loop Parking Lots"); and
WHEREAS, the City has been given permission by FDOT to collect a daily fee from the
general public for the use of the Loop Parking Lots; and
WHEREAS, Fortune has approached the City about using the Loop Parking Lots for the
parking of automobiles, trucks and construction equipment owned by employees of construction
companies that are working on Fortune's condominium projects in an effort to relieve
construction related congestion on Collins Avenue; and
WHEREAS, the City desires to enter into an exclusive parking license agreement with
Fortune for the use ofthe Loop Parking Lots; and
WHEREAS, the City has previously entered into an additional lease agreement (the
"Lehman FDOT Lease") with the FDOT which expires on February 16, 2010 for the use of the
parking lots and surrounding property under the William Lehman Causeway, as more
particularly described in Exhibit "B" attached hereto and incorporated herein by reference
(collectively, the Lehman Parking Lots"); and
WHEREAS, the City has been given permission by FDOT to collect a daily fee from the
general public for the use of the Lehman Parking Lots; and
WHEREAS, on December 4, 2003 the City entered into a Non-Exclusive Parking License
Agreement with Tangiers Beach Associates, an affiliate of Fortune, to lease certain parking
spaces in the Lehman Parking Lots, which agreement terminated on December 1, 2004; and
WHEREAS, Fortune desires to continue using certain parking spaces in the Lehman
Parking Lots for the parking of automobiles, trucks and construction equipment owned by
employees of construction companies that are working on Fortune's condominium project in an
effort to relieve construction related congestion on Collins Avenue; and
WHEREAS, the City desires to enter into a non-exclusive parking license agreement with
Fortune for the use of certain parking spaces in the Lehman Parking Lots; and
MIADOCS 781212 6
WHEREAS, the City desires to reduce the size of the Loop Parking Lots in order to utilize
the western portion ofthe Loop Parking Lots (the "Park-Like Area") to create a park-like setting;
and
WHEREAS. Fortune desires to contribute to the creation of the park-like setting on the
Park-Like Area of the Loop Parking Lots by constructing certain improvements on that property;
and
WHEREAS, the City desires to accept Fortune's contribution of the construction of such
improvements and agrees to enter into an exclusive parking license agreement with Fortune for
the use of the Loop Parking Lots and a non exclusive parking license agreement for the use of
the Lehman Parking Lots; and
WHEREAS, this Agreement is consistent with the authority that the City has over the
Loop Parking Lots and the Lehman Parking Lots pursuant to its agreements with FDOT.
NOW, THEREFORE, in consideration of the execution and delivery of this Agreement
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein
in their entirety.
2. Improvements to Park-Like Area. Fortune agrees to construct the
improvements on the Park-Like Area under the Sunny Isles Beach Causeway (the
"Improvements") as such Improvements and the boundaries of the "Park-Like Area" are as
outlined in Exhibit "c" attached hereto and specifically listed on Exhibit "D" attached hereto
and; which Improvements shall have an estimated value in the amount of THREE HUNDRED
THOUSAND DOLLARS ($300,000.00).
3. Construction of Improvements. Provided that all approvals and permits
authorizing the construction of the Improvements have been issued (the "Government
Approvals"), Fortune shall commence construction of the Improvements within one (1) year
from the date a Resolution is issued by the Sunny Isles Beach City Commission (the "Effective
Date") authorizing the execution of this Agreement (the "Resolution"). Thereafter, Fortune
estimates that it will take approximately six (6) months to complete construction of the
Improvements.
4. Use of Loop Parkin!! Lots. The City hereby licenses to Fortune, on an exclusive
basis, the right to use the Loop Parking Lots for passenger automobile, truck, and construction
equipment only. No other use of the Loop Parking Lots is permitted without written permission
from the City. It is understood and agreed that Fortune shall make, at its sole cost and expense,
whatever improvements to the Loop Parking Lots that may be required in order to utilize the area
for the vehicle parking.
MIADOCS 781212 6
5. Use of Park-Like Area. It is understood and agreed that Fortune may utilize the
Park-Like Area for parking only during the first full year of the Initial Term. In the event,
despite Fortune's good faith efforts, the Government Approvals have not been issued, the City
Manager may extend the right of Fortune to utilize the Park-Like Area until construction of the
Improvements commences.
6. Use of Lehman Parkin!! Lots. There shall at all times be sufficient parking
spaces available for the general public to utilize the Lehman Parking Lots. The City hereby
licenses to Fortune, on a non-exclusive basis, the right to use up to four hundred (400) parking
spaces at the Lehman Parking Lots (the "Lehman Parking Spaces"), at no additional cost to
Fortune, for passenger automobile and truck parking purposes. It is understood and agreed that
the right to use the Lehman Parking Spaces is non exclusive. However, the City agrees that
during the term of this Agreement, it shall not enter into an agreement with any other entity to
grant the right to utilize any portion of the Lehman Parking Lots on a monthly basis.
7. License Fees. Ten (10) days prior to the first day of each month of the term of
this Agreement, Fortune shall advise the City, in writing, of the number of Lehman Parking
Spaces that it shall require for that month. The City shall issue parking passes for that number of
vehicles and there shall be no monthly fee for the first four hundred (400) parking passes issued
for that month. In the event Fortune requires parking passes in excess of four hundred (400) for
any month, Fortune shall pay for each parking space an amount equal to the monthly parking fee
currently charged by the City. The monthly license fee shall be paid in advance, on or before the
first day of each calendar month under this Agreement. The rate that would be charged under an
extended term would be an amount equal to the monthly parking fee charged by the City at that
time.
8. Term. The initial term of this Agreement shall commence on the Effective Date
and shall expire three (3) years thereafter (the "Initial Term"). This Agreement may be renewed,
upon mutual agreement of the parties, for three (3) successive one (1) year periods, upon
delivery of written notice from Fortune to the City sixty (60) days prior to the expiration of the
current term of this Agreement.
9. Assi!!nment. This Agreement may not be assigned or sublet by Fortune, in whole
or in part, without prior written consent of the City.
10. Improvements. No structures or improvements of any kind shall be placed upon
the Lehman Parking Lots without prior written approval of the City.
11. Maintenance, Fortune shall keep and maintain the Loops Parking Lots and prior
to construction of the Improvements, the Park-Like Area, in good and safe condition, including
the regular removal of all litter and trash, and repair any damage to the property caused by its
employees, agents, and subcontractors.
MIADOCS 781212 6
12. Indemnification, This Agreement is one of licensing of property and is not a
bailment. Fortune shall assume full responsibility for its vehicles and those of its employees,
agents and invitees, and the contents of the vehicles. Fortune, as a material part of the
consideration to be rendered to the City under this Agreement, to the extent permitted by law,
hereby waives all claims against the City, its agents servants or employees for loss, theft or
damage to property in, on or about the Parking Lots. To the extent permitted by law, Fortune
shall indemnify, defend and hold the City, its employees and public officials, agents, and
servants harmless from, and on account of, any damage or injury to any person, or to the
property, goods, wares and merchandise of any person, arising from the use of the Parking Lots
by Fortune, its agents, servants, employees, contractors, invitees or licensees.
13. Assumption of Risk. Consistent with paragraph seven and not as a limitation of
the aforementioned paragraph, all property belonging to Fortune or any user of the Parking Lots
shall be there at the risk of Fortune or such other person only. Except for the deliberate or
negligent act of the City or its agent or employees, the City, its employees and public officials,
and agents shall not be liable for injury to persons, or damage to, or theft of, or misappropriation
of such property by any means whatsoever. Fortune shall give prompt notice to the City in case
of any such injury, damage, theft, or misappropriation. In case any action or proceeding should
be brought against the City by reason of any obligation on Fortune's part to be performed under
the terms of this Agreement or arising from any act or negligence of Fortune, or of its agents or
employees, Fortune, upon notice from the City, shall defend the City at Fortune's expense, by
counsel reasonably satisfactory to the City.
14. Compliance with Law. Fortune shall comply with all applicable state, county
and City laws and ordinances in fulfilling its responsibilities under this Agreement. The Parking
Lots shall be used by Fortune, its employees, contractors, agents, and invitees, pursuant to such
rules and regulations, as the City shall from time to time promulgate. It is understood by the City
that Fortune may reconfigure the individual parking spaces in the Loop Parking Lots in order to
permit additional vehicles to utilize the Loop Parking Lots, including the double stacking of
parking spaces.
15. Default. In the event of any default by either party under this Agreement, the
non-defaulting party shall have the right to terminate this Agreement upon thirty (30) days
notice.
16. Leasehold Interest. This Agreement and the rights of Fortune shall be and are
made subject and subordinate to the Loop FDOT Lease and the Lehman FDOT Lease. In the
event of termination of either lease, the City shall be released from any future liability upon any
covenants or conditions, express or implied, herein contained in favor of Fortune, and in such
event, Fortune agrees to look solely to the successor in interest to the City in and to this
Agreement; provided however, that in the event Fortune's use of the Parking Lots is terminated
as a result of such termination, City shall refund Fortune any prepaid sums for any period
subsequent to said termination date.
MIADOCS 781212 6
17. Attornevs Fees. In the event of any dispute arising out of or related to this
Agreement, the prevailing party shall be entitled to receive from the other party the reasonable
attorneys' fees, costs and disbursements and court costs incurred by the prevailing party through
the trial and all appellate levels and including any of same incurred in connection with
enforcement of judgments and other collection costs.
18. Bindine. The provisions of this Agreement shall be binding upon the parties
thereto and their respective successors and/or assigns.
19. Entire Aereement. This Agreement constitutes the entire agreement between the
parties and may not be changed, altered or modified except by an instrument in writing signed by
the party against whom enforcement of such change would be sought.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
on the day and year first written above.
WITNESSES:
FORTUNE BEACH, LLC, a Florida limited
liability company
/@A~~
T.&Jv ~/lYY.
By: Fortune International Equity Corp., a Florida
corporation, as Manager
By:
CITY OF SUNNY ISLES BEACH
ATTEST:
u/d
~
...~AL
. JaneA. Hines,.Cjty Clerk
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
By:
Erica N. Wright, Acting Citf
MIADOCS 781212 6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LEASE AGREEMENT
575-060-33
RIGHT OF WAY
05103
PaRe 1 of 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
cPttJ.!j , by and between the ST ATE
CITY OF SUNNY I SLES BEACH,
Exhibit <<A"
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 6/30/2008 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 andlor rules, regulations, requirements, and orders of govemmental authorities or agencies respecting the use and
occupation of the leased property.
My 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 uneamed 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. My installment of rent not received within ten (10) days after the date due SIB
575-C80-33
RIGHT OF WAY
llMl8
P_ 2016
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 Six 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 landlord lien, any structures or
improvements constructed by Lessee shall be removed by Lessee, at Lessee's sole cost and expense, by midnight on the day of
termination 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 perform, at the sole expense of Lessee, all work required in the preparation of.the leased property for 0CC\4>MCY 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 discretion, deems necessary. Any adjustments shallbedone atl.eSsee's sole cost and expense.
5. Maintenance. 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 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 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 risjlt, 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, so;l, and grollldwater; monitoring well installations; 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 a release or suspected release of hazardous
waste on the properly, Lessor shall have the rig,t of immediate inspection, and the right; but not the obligation, to engage in remedial
action, without notice, the sole co&1 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 harmless 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 determine 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 anyone 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 MIWON ($ 1,000,000.00 ).
All such policies shall be issued by companies licensed to do business in the State of Rorida and all such policies shall contain 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.
SIB
Ii~
RIOHTOFWAY
ll6QlI
p.... 3 alii
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 cUing the full term of this Lease and at its OM expense keep
the leased property and any inprovements thereon fUlly insured against loss or damage by fire and other C8SU81ty. Lessee also
agrees that it shall during the full tenn of this Lease and at its OM expense keep the contents and personal property located on the
leased property 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 the 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 pa,rties under this Lease. T ennination 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 any residual interest in the Lease, or any other facts
or circumstances arising out of or in comection with this Lease.
lessee hereby waives and relinquishes any IegaJ rights and monetary claims which it mi{tlt 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 leased property, 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 leased property. Lessee also hereby waives and relinquishes any legal rights and
monetary claims M-iich it might have for full compensation, or damages of any sort 8S set out above, as a result of Lessee's loss of
occupancy of the leased property, when any or all adjacent properties owned or leased by Lessee 8re taken by eminent domain
proceedings or sold under the threat thereof. This waiver and relinquishment applies vIlether this lease is still in existence on the
date of taking or sale; or has been tenninated prior thereto.
9. Miscellaneous.
a. This Lease may be terminated by Lessor immediately, without prior notice, upofl default by Lessee hereunder,
and may be terminated by either party, without cause upon THIRTY ( 30 ,) days prior written notice to the other party.
b. 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.
c. Lessee acknowledges that it has l'8Viewed this Lease, is familiar with its tenns, 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 madS 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 modification, waiver, or amenctnent 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, Rorida 33160
SIB
17~
FlIOHT OF WAY
ClIIll8
P....Gfli
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:
By:
Print Name
~~V\ b Sl\vV\<; nO
Title: ~yo R...
~
Attest:~~ '#~
NamaITitle: 1\;1n nn ~-D -Y lt~"r/'I(I<':. ~xe<!'. S?eN-ett ru
~f ~
Print Name
Attest:
~~~, ~..~
(SEAL)
LEI3Al REVIEW:
~\ArJ'$ ~.~_1\\IV[\>
~-J) 2{L
Print Name
District Counsel
Title:
CtTl< (L-~~
U. J1;t-c~a.eJ S;ck.!()i~
Print Name
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S IE
.1 PARCEL "A"
I
I
I
I
SHEET 3 OF 3
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 763.3S 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 N87047'26"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 S8S053'02"W FOR 34.03 FEET; THENCE RUN S61"49'06"W FOR 58.79
FEET; THENCE RUN S2T12'08"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 S41'13'31"W
FOR 14 79 FEET; THENCE RUN S25.27'08"W FOR 39.04 FEET; THENCE RUN
S41'04'07"W FOR lS.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 S 19. 35'56"W FOR 21.50 FEET;
THENCE RUN S11"40'S6"W FOR 16.39 FEET; THENCE RUN SOO'41'25"E FOR 60.57 FEET;
THENCE RUN S87035'39"E FOR 92.24 FEET; THENCE RUN N12'21 'S8"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 N31'13'30E FOR 20.25 FEET; THENCE RUN N51'24'02"E FOR 10.98 FEET;
THENCE RUN N7T55'16"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 NOS:18'04"E FOR
9.18 FEET; THENCE RUN N09"09' 48"E FOR 1 0.25 FEET;
THENCE RUN N 10'0 l'58"E FOR 11.65 FEET; THENCE RUN N09' 49'14"E FOR 19.33 FEET;
THENCE RUN N2S 1 O'13"E FOR 29.59
FEET TO THE POINT OF BEGINNING.
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'S' 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 N87"47'26"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 Sl S40'28"E FOR 16.73 FEET; THENCE RUN 511'32'47"E FOR
17.38 FEET; THENCE RUN S27"55'05"E FOR 29.18 FEET; THENCE RUN 548'44'36"E
FOR 31.26 FEET; THENCE RUN 56S"34'23"E FOR 22.57 FEET; THENCE RUN
583'39'20"E FOR 42.16 FEET; THENCE RUN S89.06'10"E FOR 227.08 FEET; THENCE
RUN NOZOO' 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
, B
ADDENDUM TO LEASE AGREEMENT
Item/Segment No.
WPI No.
State/Job No.
FAP No.
SRNo.
County
Parcel No.
2490471
6113224
87170-2517
N/A
SR 826 Causeway Bridge
Miami-Dade
6075
THIS AGREEMENT, made this!...3- Day of of 2003, shall serve as an
ADDENDUM to the Lease Agreement made this First day of, y 2003, by and between the FLORIDA
DEPARTMENT OF TRANSPORTATION (FOOT), as Lessor and CITY OF SUNNY ISLES BEACH,
as Lessee. In addition to the provisions contained in the Lease Agreement, the following tenns and
conditions supersede the language contained in the Lease Agreement.
Section 4. IMPROVEMENTS
City of Sunny Isles Beach, will present to FOOT 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 FOOT.
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.
SIB
Item/Segment No.
WPI No.
Stateflob No.
FAP No.
SRNo.
County
Parcel No.
AN ADDENDUM ~ 6 Day of S~
dated -L-Day of ' Of 2003.
2"89141~19o?i7/
--611JI51 (,;//3 '22f
117119 3630 g.;; /7/)-$1
N/A
SR 826 Causeway Bridge
Miami-Dade
6075
Of2003, TO LEASE AGREEMENT,
All other tenm and conditions of the Lease Agreement remain unchanged and with this confirmed and
ratified by Lessor and Lessee.
LESSOR
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION
BY:~~
Distri Six Secre ary
By:
TITLE: .mA~Da-
SIB
17070 Collins Avenue · Suite 250 · Sunny Isles Beach, FL 33160
TEL: 305 947 0606 · F,\X: 305 949 3113
CITY OF SUNNY ISLES BEACH
Exhibit A
April 15, 200)
CITY COMMISSION
D.WID S;\/.ISON
MAYOR
NORM.\N S. EOF.J.CUI'
VICr:. M,\YUR
GI,RRY GOODMAN
COMMISSIONFR
D.\NNY IGLESL\S
U1MMISSIONI::K
1.11.\ K.\UFF1\I.\N
u l~IMISSIONr~R
Chr;q"pher J. Ru""
( :lry ~ bnagl."r
I .\.nn 1\1 Oannho;.,"r
(I~' .\noroLY
lane \. lIme.
. \cting Clt) l.lcrk
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~rs 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.
ECEivE
APR 1 t> 2003
RIW ADMINl
DISnucV~ION
I'Ge ge Fisher
Grant Coordinator
SIB
, AqoRD. CERTIFICATE OF LIABiliTY INSURANCE CSR C8 I IIATIIIMMoeoIVYI
CITYO-2 07/03/03
~IIODUC8Il THI8 CERTFlCATE ISI88UED AS A MATTER Oft INFORMATION
ONL V N#O CQNlERI NO IUGHTI U"ON THE CIRTl'lCATE
BROWN" BROWN INC HOLDER. THII CIRTFlCATE DOEI NOT AMEND. EXTEND OR
8000 GOVElUTOJlS SQUARE BLVD 400 AI. TIR THE COVDA~ AflFORD&D BV THE POLICIES BELOW.
~~ LAKES F.L 33016-1~88 INIURERI AFFORDING COVERAGE
Phone: 305-364-7800 r.x:305-822-5687
l...utnD INSUReR A COREGIS INSURANCE CO
INSUReR D
CITY OF SUHNY ISLES BEACH INSUReR C
CHRISTOPHER J. ROSSO CITY MGR
17070 COLLIN'S AVZotL'UITE 2~0 iNSuReR 0
SURRY ISLES BEACH 33160
I INSURER E:
COVERAGES
THe POLIC~S OP INSUftANCe: LISTED BeLOW HAve III!EN ISSueo TO THe INSUReD NAMeD A8~ ~OR THe POLICY Pl!RIOD INDICATeD. NOTWITHSTANDING
NN REOUREMENT. TEAM OR CONDITION OF NN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHCH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEAMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICieS. A<3GR1!GATl! LIMITS SHOWN MAY HAve 1lEe:N ~CED BY PAID CLAIMS.
'~ TY~I 0' IlQUltANCI ~OUCY NUM_II DaTE fMMJDDlYY .....n; IMMlDDrrYI UMrn
GINEIW. UAIIIUTY I EACH OCCURRENCE S 1,000,000
I--
A I COMMERCIAL GENERAL I..WlIUTY 651011257 07/01/02 10/01/03 FIRE OAMAGE (Any one ft,.) S 50,000
. I CLAlMS MACE [!] OCCUR MED El<P (Any one po"on) S 5,000'
peRSONA&.. & /ItOV INJuqV S 1 000 000
GENERAL AGGREGATe -~. - s 1,000,000
GEN'L AGGREGA rE U....'T APPUES PER PRODUCTS - COMPJOP AGG s INCLUDED
I POliCY n ~:c~ n LOC
AUTOM08'LI UAIIIUTY .
- COMBINED SINGLE UMIT S
A/tlYAuTO (Ea aCCll:Jent)
-
ALL OWNED AUTOS BODILY INJU~Y
- S
SCHEOULED AUTOS Iper person}
-
MIRED AUTOS BODILY INJURY
- S
NON-OWNED AUTO., (Per aCCJaenc)
-
- PROPERTY OAMAGE S
. {Per aCCldenn
GAM.AGE UAIIILlTY I AUTO ONL v - EA ACCIOENT S
R ANY AUTO OTHER THAN EAACC S
AUTO ONLY AGG S
i 'XC'SS UA81UTY i EACH OCCURRENCE S
~ OCCuQ D CLAIMS ~ACE AGGREGATE S
1--'
h s
H DEOUCTI8LE S
~ETeNTION S S
WORKERS COMPENSATION AND I i ! I ;."OR~:~;"YTS I IU~;;-
EMPLOYERS'llAlllUTY I
I I i E L EACH ACCIDENT S
I E L DISEASE - fA EMPLO'r"EE
S
f L DISEASE - POUCY LJMIT , '
OTHER
D"CRlPTlON OF OPliUTlONSlLOCATlONa.rv'WICLSCllJlCLUIIONI ADO'O .V SNOORISMSNTISPSClAL "ROYleIGHI
Certificate Ho~der named as an additiona~ insured with regard to ~eased
vacant 1and at: SR826 Causeway Bridge (Parce1 6075), Miami-Dade County, FL
CERTIFICATE HOLDER I Y I ADomollA&. INI\lIUD; INIUIU.. LnTI!Il; A CANCELLATION
FLO-l72 ,"aULD ANY 01' ntR AIIove DI!'C"'lIeD ...OUCI!!' II!! CANCeLU!'D 81'OIU! THe eX,IMTJON
FLORIDA DEPT OF TRANSPORTATION DATe THeIU!O'. THe .II\I'NO INI\lIU!II W1U. !NOeAYOII TO MAIL ~ DAYS WRITTeN
RIGHT OF WAY ADM-DISTRICT SIX NOTICE TO THe CeflTIf'ICATe HOLDeR NAMED TO THE un, BUT FAILURE TO 00 SO SHALL
ROOM 6116
1000 NFl 111 AVENUE IM~OSE NO OBUOAnON 0.. UAlIIUTY OF ....Y KIND U~ON THE INSURER. ITS AGENTS OR
KIJWI FL 33172 RE~RESENTAT1YES.
A~O RlPIl5C1NTATlVI
... 0/1--/ // ....
P'r"" I 0
ACORD 25-5 (7117) , I C) AcORD CORPORATION 1988
SIB
Exhibit "B"
ST.\ TE OF FLOR:DA DEP\R nlE:'>oT OF TR.\:'>oSPOR T\ TiO"
LEASE AGREEMENT
FOR:'l57S-<.-'(,().J3
RiGHT OF WA Y .09.'9.l
Page I or 5
NOV '2. 7 2000 J
ity 0 unny Isles Beach
Glllce of the City Managt:1
I
i
I.
;
hem/Segment No. 24883 1-1
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 this I W fl...aay of Fehrl.A.ar~ ,~2c~, by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, (hereina ter called the Lessor) ,and CITY OF
SUNNY ISLES BEACH (hereinafter called the Lessee),
RECEIVED
"VIT~'ESSETH :
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
I and 2, and also the lands described in Exhibit "B" for the Parking Lot 3, for a term of ten (10) years beginning
O~ -jtJJ - 2DOO and ending 0:; - IlL; - dOlO . This Agreement may be renewed for an additional five vear
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 inunediately
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 defmed 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($l.OO} plus tax, for each one year of the tenn. If this Agreement is terminated prior to the end of any rent payment
SI
FOR.\I 5~5-Q6(}.33
RIGHT OF W ^ Y . 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,
including any real property taxes. Rent payments shall be made payable to the Department of Transportation and shall
be sent to Right of Way Administration. 1000 NW III 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 date
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 -YL 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 no\v 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 0\VI1 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 \vould 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 apportiorunent 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 i~ I E
evaluation of liability shall not excuse Lessee's duty to defend and indemnify within seven days after such notice by tli) n
Department is given by registered mail. Only an adjudication or judgment after the highest anoeal is exhausted
FOR.\f 5'5.0&).3)
R!GHT OF W.~ Y . 09/9-1
PJge 3 or 5
specifically finding the Deparunent 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.
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 (SO) for bodily injury or death to anyone person or any number
of persons in anyone 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 shaIl during the fuIl 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 shaIl have resulted in whole or in part from the negligence of Lessor.
8. Eminent Domain. Lessee acknO\vledges 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.
9. MisceIlaneous.
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 S I
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 resoect to thl" '",hi~rt rr...>tt,,~ ho~o.....f N,..,
FOR.\1575.C60-:;:;
RiGET OF '....A Y .09iC}.1
Page ~ 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 parries.
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. Acceptance
by Lessor of rental from a third party shall not be considered as 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 land.
f. This Agreement shall be governed 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 the property address.
SIB
FOR.\1 575-000-33
RlGHT OF WA Y .09,,4
Page 5 cf 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,
A GALITY:
TA TE OF FLORI
DEPARTMENT 0
Attest: m~r! --"_ '~A.~)
Executi~e secre!;;;:-rT-v~
Margaret Higgins
(SEAL)
LESSOR
By:
kde--
Title:
uL M
~ Ir\~
Attes~~ ~-UA~l1. (SEAL)
Title: c..\~ M~)~
LESSE'E
. "
~-
.... .-...--.---......
SIB
h: In-I \al_ worklsunnyisl. 004
.
ADDENDUl\1 TO LEASE AGREEMENT
Item/Segment No.
WPI No.
State/Job No.
F AP No.
SRNo.
County
City
Parcel No.
Parcel No.
248831-1
6113008
87013-2509
N/A
856, Wm. Lehman Cwy
Miami Dade
Sunny Isles Beach
6000 (Exhibit B)(Lot 3) &
6001 (Exhibit A)(Lots 1 & 2)
THIS AGREEMENT, made this J/i!!day of Febru~ry of 2000, shall serve as an
ADOENDU~l to the Lease Agreement made this JJdh day of, FebrutL~ 2000, by
and between the FLORlDA DEPARTMENT OF TRA.NSPORTATION, as lessor and the CITY
OF SlJN'NY ISLES BEACH, as lessee. In addition to the provisions contained in the Lease
Agreement, the follo\\ing terms and conditions supersede the language contained in the Lease
Agreement.
I. USE.
Parking motor vehicles and installation of parking meters for public purposes.
2. INDEMNITY Al'lD INSUR>\NCE.
To the extend provided by law the CITY OF SUNNY ISLES BEACH (CSIB) shall indemnify,
defend, and hold harmless the FLORIDA DEPART~IENT 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 \vill 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.
\Vhen FOOT 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 FOOT will determine whether to require the participation of CSIB in the defense of
the claim or to require that CSIB to defend FOOT 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 FnOT 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 Itxt':a!-workLszmnyis! 008
SIE
Page Two
I ,;)000
AN ADDENDm-f made this & Day of Februo...r~Of.m9, TO LEASE AGREEMENT,
dated J.!LOay of rebrUCLY~ Of~. O?OOO
Item/Segment P; o.
WPI No.
State/Job No.
FAP No.
State Road No.
Coun ty
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.
LESSOR
STATE OF FLO
DEPART~IENT
LESSEE
CITY OF SUNNY ISLES BEACH
By:
TIT E: ~~~. G\X~
h: txt\aCwork\sulllzyisl. 008
" --'.' ....-- -""
. ,
" .
..:. ...
SjB
, ,
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 Southbound Lanes to
a 2' radius curb; BOUNDED on the North by a line 18' 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 27', 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.
SIB
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.
SIB
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PARCEL "A"
COMMENCE AT THE NW CORNER OF SECTION 14, TOWNSHIP 52 SOUTH, RANGE 42
EAST, MIAMI-DADE COUNTY, FLORIDA; THENCE RUN N8505'31 "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 N8t 47'2S"E ALONG SAID NORTH RIGHT OF WAY LINE OF STATE
ROAD No.826 FOR 110.S2 FEET; THENCE RUN S02012'34"E AT A RIGHT ANGLE TO
THE LAST DESCRIBED LINE FOR 98.27 FEET TO THE POINT OF BEGINNING;
THENCE RUN S85053'02"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 S2S'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 S19'3S'5S"W FOR 21.50 FEET;
THENCE RUN S11'40'SS"W FOR 16.39 FEET; THENCE RUN SOO'41'2S"E FOR SO.57 FEET;
THENCE RUN S87035'39"E FOR 92.24 FEET; THENCE RUN N12021'S8"E FOR 85.S9 FEET;
THENCE RUN N02'30'20"W FOR 25.64 FEET; THENCE RUN N1S17'12"E FOR 18.10 FEET;
THENCE RUN N37'13'30E FOR 20.25 FEET; THENCE RUN N5T24'02"E FOR 1 0.98 FEET;
THENCE RUN N72'S5'lS"E FOR 1S.34 FEET; THENCE RUN N21'57'SO"W FOR 9.7S
FEET; THENCE RUN N64'46'04"E FOR 9.67 FEET; THENCE RUN N39'13' 17"E FOR 9.67 FEET;
THENCE RUN NOS'OO' 47"E FOR 31.48 FEET; THENCE RUN NOS r8'04"E FOR
918 FEET; THENCE RUN N09'09' 48"E FOR 1 0.2S FEET;
THENCE RUN Nl0'Ol'S8"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.
CONTAINING 25424 SF or 0.58 ACRES
SHEET 3 OF 3
PARCEL "B"
COMMENCE AT THE NW CORNER OF SECTION 14, TOWNSHIP 52 SOUTH, RANGE 42
EAST, MIAMI-DADE COUNTY, FLORIDA; THENCE RUN N85'S'31"E ALONG THE
NORTH LINE OF SAID SECTION 14 FOR 763.3S 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 N87'47'2S"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 Sl7'32'47"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 565034'23"E FOR 22.57 FEET; THENCE RUN
583'39'20"E FOR 42.16 FEET; THENCE RUN S89'OS'10"E FOR 227.08 FEET; THENCE
RUN N02'00'37"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
Exhibit "e"
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SITE PLAN
163rd Street Wharf
City of Sunny Isles Beach Florida
2f.W5
SIB
Y DESIGN ASSOCIATES P.A.
lANDSCAPE AReHtT[CTUR[ lAND PLANNING
URBAN Q(StGN GRAPHIC DESIGN
____JIIIIln1__~~
1_-V
Exhibit "D"
Improvements to Park-Like Area
1. Landscaping /irrigation
2. Pavers/sub-base material
3. Asphalt Paving and base
4. Concrete curb
5. Parking stripping
6. Clearing of lot
7. Light boll,uds
SIB
MIADOCS 802992 I
TO:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
Christopher J. Russo, City Manager
Erica N. Wright, Acting City Attorney
Jane A. Hines, City Clerk
MEMORANDUM
The Honorable Mayor and City Commission
~0JS. 6' l) ".~
FROM: Christopher J. Russo, City Manager
DATE: June 9, 2005
RE: Parking License Agreement With Fortune Beach, LLC
RECOMMENDATION
It is recommended that the City Commission adopt the attached resolution approving a Parking
License Agreement with Fortune Beach, LLC ("Fortune").
REASONS
The City has a lease agreement with the Florida Department of Transportation ("FDOT") for the
use of the parking lots and surrounding property under the William Lehman Causeway and the
Sunny Isles Boulevard Causeway. These agreements permit the City to collect a daily fee from
the general public for parking in these parking lots. In an effort to relieve some of the
construction related congestion on Collins Avenue, Fortune has requested use of a portion of the
parking lots under the William Lehman Causeway and the Sunny Isles Boulevard Causeway for
the parking of employee cars, trucks, and construction equipment. In exchange for the Parking
License Agreement, Fortune has agreed to construct park-like improvements at the western
portion of the parking lot under the Sunny Isles Boulevard Causeway. The estimated value of
the improvements is Three Hundred Thousand Dollars ($300,000.00).
ADDITIONAL INFORMATION
In December 2003 the City entered into a similar agreement with Tangiers, an affiliate of
Fortune, for the use of parking spaces at the William Lehman parking lot. However, this
agreement terminated on December 1, 2004. At the request of the City Commission, FDOT has
agreed with this proposal and the construction of the park-like improvements under the Sunny
Isles Boulevard Causeway.
CJRlpw
Agenda Item
Fonune Parking Agrmt For WLC & Siblvd Agenda Memo
Date
City of Sunny Isles Beach
Sunny Isles Beach Government Center
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
(305) 947-0606 City Hall
(305) 947-2150 Building Department
(305) 949-3113 Fax
Christopher J. Russo, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, City Clerk
September 14,2005
Judith A. Burke, Esq.
Shutts & Bowen LLP
1500 Miami Center
201 So. Biscayne Blvd.
Miami, FL 33131
Re: Approving a Parking License Agreement with Fortune Beach, LLC for Use of a Portion
of the Parking Lots Under the William Lehman Causeway and the Sunny Isles
Boulevard Causeway per Resolution No. 2005-807
Dear Ms. Burke:
Enclosed please find a certified copy of Resolution No. 2005-807 and an original executed copy
of the Parking License Agreement with Fortune Beach, LLC for use of a portion of the parking
lots under the William Lehman Causeway and the Sunny Isles Boulevard Causeway, adopted on
June 9, 2005 by the Sunny Isles Beach City Commission.
Also attached for your files is a copy of Resolution No. 2005-820 approving Addendum No.2 to
the Florida Department of Transportation Lease Agreement for the area under the Sunny Isles
Boulevard Causeway Bridge, incorporating Parcels "C" and "D" into said Lease Agreement,
adopted on June 9, 2005 by the City Commission.
Should you have any questions, please do not hesitate to contact me.
Sincerely,
~~~
Jane A. Hines
City Clerk
Enclosures
c: Christopher Russo, City Manager
Hans Ottinot, City Attorney
Erica Wright, Assistant City Attorney
Jorge Vera, Planning & Zoning Administrator
Jean Watson, Finance Director
Robert Solera, Building & CEL Department Assistant Administrator
George Fisher, Grants Coordinator