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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 - ----~------~----~----------------------- ---------- - _.-- ------,----------- -- ------------------~ --------~------- 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 ()f-- FtClRiD.A OF MiAMi.OlOF' t ; ~:.,. ; \" .. :'.' . . ;. A, Hin5:'l City C10rk oftheCi!V'OISunn Isf " c....",.,-:,l'.c"'''rr.':''''.1 '.1"".. I ,\. Y es Be"cn, "," ;::.}c""~'> I., !11.,,10:1i'OVea'h"fore . . . 'V,: CQn~:~t i;CP. y oi thd'O':gilM1 theroof~~. f'J gOlnq IS a !tlle ,... i .,~', letl ," "nd 9 In this OffIC@, wmIiES~~:rn~~n\!til~r~YOf~ 2WS ~'i."^.;- ,'. c", ~ i:',___.. " 1':- -r.:' ."\. "".i Ie f\, f1H19S ( " , ' Cier!\ oi the 'cHY pf SunnY,IsIf:sBeach, Ronda 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 - - - - ----~-- ---.- 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 575-{)6(}.33 RIGKT OF WAY 05103 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 57~ RIOHTOFWAY 0MlI P_ 2 01 6 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. SIB 675-<l8l>33 RIOHT OF WAY 0liI03 PlIIIe 3 al6 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 SIB 57~ FlIOHT CF WAY 0Mli3 p.... 01' IN WITNESS WHEREOF. the parties hereto have caused these presents to be executed, the day and year first above written. 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I Vl I f"T1 f"T1 -41 ~I ~~I lA, I \ . s ~ I PARCEL "A" COMMENCE AT THE NW CORNER OF SECTION 14, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA; THENCE RUN N85.5'31"E ALONG THE NORTH LINE OF SAID SECTION 14 FOR 763.35 FEET, TO THE EASTERLY RIGHT OF WAY LINE OF THE FLORIDA EAST COAST CANAL ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 37, PAGES 6 AND 8 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY; THENCE RUN 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. 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I 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" ~ :J ro+ -,- -,- -n -(f> -> -'" <;' ~'" .........."'no-.=O'l ~~ ~ <;' -'" -~~ ~3'~ -"'0 (f>. V'l O~U1c: (f> lJ'~ p) ",. g~~ n- 0.0" "'0 ",::r "''" n, '" " 0 " III u:J n 1tI Ul " 0 p) 0 " -"' 'n '0 <D-o 0 " ",n -::r -::r 90g g c "rn ('0 ,n 0 I'D ':T"() " -4'" C " rn "'- "'- ~g ~~ ~::r ~n " ,-0 ~ " CD a 0 o::r ro+ ~ " 00'19 0 ~o o~o i} o~ ;?Q::u 0 0. o~ "'rn "'-u oc ~ "'''' ~ ~ (D:1 < " n ~ '"1J=," ~ ~.~ <D n " n ~ -~ 02- g~ 0- . -4 -0 en n", " 11> --;:- ~ _::r 0- ~~ ~ 0 ~ -~" ~ _::r -::r 0- OT;;; g -0 o ~ [~ ~. 9. :;~ ~ ~ n 0 !? 9.;'"0 5.~ " ~ '"" " ~~~ ~~Q " ~ " --;0 - " 0. 0 -co ~ ~.. -no '- "Q '- 00. 0 ~ . '" "0 '" (f> c p) (f> ",nn ~ a. 3 n ~Ul~ ",TO (f> ;! ~ ::T < Q. ;! '" ::r -4 :rc~ "' ;! ~ 2 - -<tICD n ::; ~s. :-UlO '--J ~ ()!2.~ n ~ ~ ii" (J) i5'~ '" tT .. '" C ,-9- -4 ,- _.0 ~ p) ~ ,- < 0 -4 ~ -~ < ,- .. 1~ 1 ;0" "'''' " 1 ro+ 9: 0 "' '< p) ~ ~s:"U 9: ~!!. ~ " ,,0 00 ~ 0;; (;-:=' ~ ~o ~ ~ ~ ~ "O~ ~3 "' . . I I Om I s )>p)~ C'C:ro+ o I O(J)C' I 5l <<DO <D~C: r 18 p):J I ,<A. ~ ()()A O'lEARy DESIGN ASSOCIATES P.A. LANDSCAPE ARCHlTECTUI[ LAND PlANNING URIAN 0($1G" GRAPHIC D[51GN _"___n, __...~___ l!J 0 ~ . '< \lID I[ ~ ~ Ii I~ . co. ~ . Vln)o i::IZ '" ~~; ~ ~ ~ :~~ ~ ~ ~::~ ~ ~ ~3~ g -g ~ .. ~g~ ~ ~ ~gl.8 ~ ~ ~~o ~ ~ ~~~ 0 ~ l"'I(I 3. 3 --< tt:;1"O i"1i)"_ ,"2.0 g'~ O~ )>P)<D C'C:cn O(J)ro+ <<DC' <D~O p)C: '<5. ~Wi ~j~ ~W~ ~ 6" 0 ~ (.. ~ ~ ~ Ill. ~ f! ~ I ! ~ [ f V1-0V'l~2.~a._ " F ~;n ~ ~ 0 n ~:f[ ~..:~=~g ~i~ ~~~I: !~~~~;~;.~~.~~;;: ~[~~~n~!~;~;~~ ~Qa&~g~x ~[jag ~i ~?H ~ 1 ~ - ~ i ~ ~LoI~V1' ~; ~ ~~~:' ~ - 0.-..... U'l 0 ~ ~ '0.' l . \ '" . <It 0 &. n o n o n \ 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. 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"'<1y I , I ~ ~ IU z ~ ~ \ \ \~~ ~. \ \ (/) ~,I ~I ~N ~Ol '1\ \ ~ \ \ ~ Sf \ B I I J 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 SIB ~o,<oou::c.. "'U ::O~(D~~~:-< fg elTlz I iTiN r--: ~ ITl 0 ~ ~ - ::o""S:: ::0 ~" ~~ (5 ~ ITl ~IOc).J>O 6 ~ co (.)1 ::0 ITl ::a OJ . ::0 (...n::n (5 --l c::J -< < (.)1>::0 o~ N > <j.. ~~f"rl -'01 01 <: :; '2:; ~ G) - <: ~ ~ ::a - <: G) .......... o 01 ::0 f"Tl :5 (j) rrl o o (J1 .......... o N .......... o 01 r-).-l -~::t ~otii ~Oll) ~:::OC 0(;'):::0 z~ lI))>;--( Cr- :::0 ~ ~~~ Oll) :::o...,~ Or- ). - ~lI)O o~~ >r-_ t ~ \)00 il~C ~-4-1 . 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OJ G) "al':' Ot".l _ . -.!) -- < I ......... 0 rr, t".l ~ I~ I~ - I~ < G) ~ ~ c..n c: ::::0 ~ 0 ~ 0 :2: 8 0 ~ G) , - < 0 C) !l i r I II ll( ~ ;; I~ I IU\ . ~ ~\ \ I I~ \~ \~ I \ VII I . \ 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. 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I 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" ~ ::J r+ -r ~o -en -J> ~ -a> --r-J("')O'-"-O'I ~-< ., " -a> -.,... -r -a> gs.~ -rvo Ul' V> 0 <1l Vlc : Ul "'~ Ul' U1~1\J 0- Q~' rvo "':T "'.. 0, Ul " a " __OD 0 " <1l t...I~ n () en " 0 D> " ~:J ; ~:T ~:T 'r> '0 <0-0 0 0.33 " ,-,r> c: "m rIl........!"' Q <1l :r~ " -<.. c: "m '<~ '<- ~g 10. ~:T ~o " ,-0 ::> " o:r ::> " 00'19 -" 0 =":0 -'00 OCXl.O 0. 0::> ~ OJ;-u~ ~ ~.~ ;!i~ 0 0. 0::> ~~ Vl" oc: ... Ul;CZ ::>::> ~~;; r> ~g. <D r> "r> lD .~ as? o~ '-l -0 C:r> ~~~ 0 o~~~a~. ~ _:r - :r g== 0. ,,;;; 0" o~ [~ ~. < ~ ~ r> 0 0 e.~o ~'" " r> 0 .." " ~~~ ~~Q '" " =.:u;- 0.0 0- 0 ,." " ~ -;;; '- " ~ '- - " ad. ~ 3" .. ..x" "0 - 0'0 Ul Ul 0 D> Ul Ul or> ~ ~ 3 0 0-" .. UlX"O Ul or :r :r<a. or Vl :T-< ~~a .. ~ oD ;'e. ~. ;r ::> :; ,.... :-m~ r> :; ~~ " 'i ~ ;;; '" c: . ;;;..... D> en c: ,9- ,o'~ -l r 0- __a r " :if 0- 0 -l '" -~ < ;;; r+ .. I~ I AJ'" 0 '<oD " I '< ~ ~g\J [ 0- oD ~ D> .,~ " ,,0 -:0 00 0 a;; ~g: < - ~ ., ~ .:! ~ '< -- ".. '--S "' L!J o ::> -< I " 0. oD '" _\lID l[ ~~ 2" ~ ~ Ii If $ . . Om )>D>D> O'c:!e. 000' <<DO CD~c: m::J ,<a. I & I U1n~ ;clz Ul ~~; ~~ ~ :.~~ 2. ~ ~~~;: ~ ~~~ g og ~ (II ~g~ .5 ~ _oQUI a -<'c (II :fOO g. 03 ~~~ Om i3:~. m"'_ .'2,0 --0 g~ ~jf ~j~ ~W~ ~_.:~[ ~~jg 7~!. ~-~gl" Fl2.~(..~.-tf~lIl. ~~o ~~~:g..8[;>ggg ~ ~~. ; ~ 3 ~ ~ ~ )( ~ ~ ~ x ~. i :z:" ~ o. ~ ~ ~ 0- 'i_ :~-~"a~ ;;;-;;a'~g~~-~~~;:~ : I :-i ~i[ ir !ilr ~ {~2-; ~ ...,; C') C'J . l.oI 0 l..oI - C1l o e. 2. 0 :8 ~tJ) ::J ;;- ~ ~ ~ (-, ~ ~~~? ~ 3."" . 0. ...... (.Jl 0 U1 ~ ~ ~ ~ ~~~ l &. r' 0 0 " . . O~ )>D>CD O'c:en Oenr+ <<DO' <D~O me \ '<a o I lIS I"'" . .... ()I)~ 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