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HomeMy WebLinkAboutReso 2009-1433 RESOLUTION NO. 2009-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A LEASE AGREEMENT/AIRSPACE AGREEMENT ("LEASE AGREEMENT") WITH THE FLORIDA DEP ARTMENT OF TRANSPORT A TION ("FDOT") FOR PARKING SPACE LOCATED UNDER THE SUNNY ISLES BOULEVARD CAUSEWAY BRIDGE; AUTHORIZING THE MAYOR TO EXECUTE SAID LEASE AGREEMENT; PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation ("FDOT") owns properties located in the right-of-way under the Sunny Isles Boulevard Causeway Bridge; and WHEREAS, in July 2003 the City of Sunny Isles Beach entered into a lease agreement with FDOT to use the properties for parking purposes; and WHEREAS, the City and FDOT now wish to renew the lease agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSfON OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of the Lease Agreement. The Lease Agreement between the City and FDOT for parking space on property located under the Sunny Isles Boulevard Causeway Bridge attached hereto as Exhibit "A" is hereby approved. Section 2. Authorization of Mavor. The Mayor is herby authorized to execute said lease with FDOT to lease parking space. Section 3. Authorization of the City Manager and City Attorney. The City Manager and the City Attorney is hereby authorized to do all things necessary to effectuate same. Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 18th day of June 2009. ATTEST: '\ . JI.' ~ r \ r (. \ - \ ." , . , ~,,~~ ~: Jane A. Hines; ~MC>GitY-Clerk ~. ... '\ "'." :,,11 ~"t; \' v. Approving The Leas~-Wit;~ F9QT For.~irspace Above SR826. Page I of2 , . Moved by: c1~ 5:.c.~O\..L Seconded by: 'V\o..lff\ ~ lJil\-L.b2. Vote: c;..o Mayor Edelcup Vice Mayor Thaler Commissioner Goodman Commissioner Brezin Commissioner Scholl Approving The Lease With FDOT For Airspace Above SR826. Page 2 of 2 --0 Yes) ~es) -0Yes) -0Yes) ~(Yes) _(No) _(No) _(No) (No) _(No) 23 CFR. Part 710 AIRSPACE AGREEMENT 575-060-32 RIGHT OF WAY OGC - 06/07 Page 1 01 7 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ITEM/SEGMENT NO.: 248953/2489741 MANAGING DISTRICT: Six F.A.P. NO.: 6268012U /6268009U STATE ROAD NO.: 826 COUNTY.: Miami-Dade PARCEL NO.: 3129 THIS AGREEMENT, made this J I ~ I day of ...) fA I ~ ,2009 , between The City of Sunny Isles Beach at 18070 Collins Avenue. Sunny Isles Beac . Florida 33160 (Lessee) and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (Department), an agency of the State of Florida (State). WITNESSETH: WHEREAS, the Department may convey a leasehold in the name of the State, in any land, buildings, or other property, real or personal, acquired under Section337.25, Florida Statutes; and WHEREAS, the United States Department of Transportation, Federal Highway Administration (FHWA), requires any use of airspace above, and/or below the highway's established gradeline, lying within the approved right of way limits on a Federal Aid System, to be accomplished pursuant to an airspace agreement in accordance with 23 CFR, Part 710, and WHEREAS, the Department has acquired sufficient legal right, title, and interest in the right of way of State Road 826 which includes the property described in Exhibit "A" attached hereto and made a part hereof, which right of way is part of a highway on a Federal Aid System; and WHEREAS, the Department desires to lease to Lessee the airspace above or below gradeline of the property described in Exhibit "A", attached and made a part hereof for the following purpose: for the benefit of the City of Sunny Isles Beach to provide public amenities. WHEREAS, the proposed use will not impair the full use and safety of the highway, require or permit vehicular access to such space directly from the established gradeline of said highway, or interfere with the free flow of traffic on said highway. NOW, THEREFORE, in consideration of the premises made a part hereof, and the covenants, promises, understandings, and agreements made by each party to the other as set forth herein, the Department and the Lessee do hereby mutually agree as follows: 1. Premises The premises hereto are true and correct and form an integral part of this Agreement. 2. Term The Department does hereby lease unto Lessee the airspace above or below gradeline of the property for a period of five (5) years beginning with the date of this Agreement. One renewal of this Agreement may be made for five (5) years '. However, except for a public purpose conveyance, such renewal may not exceed five years. Nothing herein shall be construed to in any way grant an interest in the property lying below said airspace. 575-060-32 RIGHT OF WAY OGC - 06/07 Page 2 of 7 3. Rent a. Lessee shall pay to the Department as rent each 0 month 0 quarter 0 year on or before the first day of each rent payment period, SEE ADDENDUM plus applicable sales tax. When this Agreement is terminated, any unearned rent and sales tax payment shall be refunded to Lessee. However, no such refund shall be made where termination is due to Lessee's violation of a term or condition of this Agreement. b. The Department reserves the right to review and adjust the rental fee biannually and at renewal to reflect market conditions. c. All rental payments are to be made by check or money order, payable to the State of Florida Department of Transportation and delivered on or before the due date to: SEE ADDENDUM d. Lessee shall be responsible for all state, county, city, and local taxes that may be assessed, including real property taxes and special assessments. In the event that no rent is specified herein, then it has been determined that either the use by Lessee is a nonproprietary use by a governmental agency or an exception from the current fair market rental value requirement (23 U.S.C. Section 156) has been obtained for social, environmental, or economic mitigation (SEE) purposes. In the event that it should be determined at any time that the use is not a nonproprietary use by a governmental agency or that the SEE exception does not apply or has been revoked, Lessee agrees to pay, at that time, rent as determined to be the fair market rental value by an independent appraiser certified by the Department, and Lessee further agrees to pay such rent, under the remaining terms and conditions of this Paragraph 3, for the remaining term (including renewals) of this Agreement. e. Any installment of rent not received within ten (10) days after the due date shall bear interest at the highest rate allowed by law from the due date thereof. This provision shall not obligate the Department to accept late rent payments or provide Lessee a grace period. 4. Use. Occupancy and Maintenance a. The Lessee shall be responsible for developing and operating the airspace as set forth herein. b. The Lessee's proposed use of the airspace is as follows: landscape beautification; public amenities and parking facilities for motor vehicles for the general public. - See addendum. c. The general design for the use of the airspace, including any facilities to be constructed, and the maps, plans, and sketches setting out the pertinent features of the use of the airspace in relation to the highway facility are set forth in composite Exhibit "B" attached hereto and by this reference made a part hereof. In addition, said composite Exhibit "B" also contains a three-dimensional description of the space to be used, unless the use is of a surface area beneath an elevated highway structure or adjacent to a highway roadway for recreation, public park, beautification, parking of motor vehicles, public mass transit facilities, or other similar uses, in which case, a metes and bounds description of the surface area, together with appropriate plans or cross sections clearly defining the vertical use limits, may be substituted for said three-dimensional description in said composite Exhibit "B". d. Any change in the authorized use of the airspace or revision in the design or construction of the facility described in Exhibit "B" shall require prior written approval from the appropriate District Secretary of the Department, subject to concurrence by the FHWA. e. The Department, through its duly authorized representatives, employees, and contractors, and any authorized FHWA representative, may enter the facility at any time for the purpose of inspection, maintenance, or reconstruction of the highway and adjacent facilities, when necessary; or for the purpose of surveying, drilling, monitoring well installations, sampling, remediation, and any other action which is reasonable and necessary to conduct an environmental assessment or to abate an environmental hazard. -" 575-060-32 RIGHT OF WAY OGC - 06/07 Page 3 01 7 f. Lessee, at Lessee's sole cost and expense, shall maintain the facility to occupy the airspace so as to assure that the structures and the area within the highway right of way boundaries will be kept in good condition, both as to safety and appearance. Such maintenance will be accomplished in a manner so as to cause no unreasonable interference with the highway use. In the event that Lessee fails to so maintain the facility, the Department, through its duly authorized representatives, employees, and contractors, may enter the facility to perform such work, and the cost thereof shall be chargeable to the Lessee and shall be immediately due and payable to the Department upon the performance of such work. g. Portable or temporary advertising signs are prohibited. h. The design, occupancy, and use of the airspace shall not adversely affect the use, safety, appearance, or enjoyment of the highway by smoke, fumes, vapors, odors, droppings, or any other objectionable discharges or emissions, or nuisances of any kind therefrom. i. When, for the proposed use of the airspace, the highway requires additional highway facilities for the proper operation and maintenance of the highway, such facilities shall be provided by the Lessee without cost to either the Department or the FHWA and subject to both Department and FHWA approval. j. The proposed use shall not cause or allow any changes in the existing drainage on the property under the airspace. k. Lessee shall not occupy, use, permit, or suffer the airspace, the property, the facility, or any part thereof to be occupied or used for any illegal business use or purpose, for the manufacture or storage of flammable, explosive, or hazardous material, or any other hazardous activity, or in such manner as to constitute a nuisance of any kind, nor for any purpose or in any way in violation of any present or future federal, state, or local laws, orders, directions, ordinances, or regulations. I. Any activities in any way involving hazardous materials or substances of any kind whatsoever, either as those terms may be defined under any state or federal laws or regulations, or as those terms are understood in common usage, are specifically prohibited. The use of petroleum products, pollutants, and other hazardous materials affecting the property is prohibited. Lessee shall be held responsible for the performance of and payment for any environmental remediation that may be necessary, as determined by the Department. Similarly, if any contamination either spread to or was released onto adjoining property as a result of Lessee's use of the airspace under lease, the Lessee shall be held similarly responsible. The Lessee shall indemnify, defend, and hold harmless the Department from any claim, loss, damage, cost, charge, or expense arising out of any such contamination. m. Existing utilities and all corresponding easements shall remain in place and Lessee shall not disturb or interfere with the same. 5. Indemnification. To the extent provided by law, Lessee shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by Lessee, its officers, agents, or employees, during the performance of the Agreement, except that neither Lessee, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by Lessee in the performance of services required under this Agreement, the Department will immediately forward the claim to Lessee. Lessee and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of Lessee in the defense of the claim or to require that Lessee defend the Department in such claim as described in this section. The Department's failure to promptly notify Lessee of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Lessee. The Department and Lessee will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. Note: No longer required for local governments. 6. Insurance. Lessee at its expense, shall maintain at all times during the term of this Agreement, public liability insurance protecting the Department and Lessee against any and all claims for injury and damage to persons and property, and for the loss of life or property occurring in, on, or about the land arising out of the act, negligence, omission, nonfeasance, or malfeasance of Lessee, its employees, agents, contractors, customers, licensees, and invitees. Such insurance shall be carried in a minimum amount of not less than one million dollars ($ 1,000,000.00 ) for bodily injury or death to anyone person or any number of persons in anyone occurrence and not less than one million dollars ($ 1 000000.00 for property damage, or a combined coverage of not less than two million dollars ($ 2,000.000.00 ). All such policies shall be issued by companies licensed to do business in the State of Florida and all such policies shall contain a provision whereby the same cannot be canceled or modified unless the Department is given at least sixty (60) days prior written notice of such cancellation or modification. Lessee shall provide the Department certificates showing such insurance to be in place and showing the Department 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 property. 7. Termination 575-060-32 RIGHT OF WAY OGC - 06/07 Page 4 of 7 a. This Agreement may be terminated by either party without cause upon thirty othe r pa rty. b. It is understood and agreed to by the Lessee that the Department reserves the right to terminate this Agreement immediately without prior notice, in the event the Lessee violates any of the conditions of this Agreement and such violation is not corrected within a reasonable time after written notice of noncompliance has been given. In the event the Agreement is terminated and the Department deems it necessary to request the removal of the facility on the property, the removal shall be accomplished by the Lessee in a manner prescribed by the Department at no cost to the Department or the FHWA. ( 30 days prior written notice to the c. The Lessee must notify the Department of its intention to renew this Agreement not later than thirty (30) days prior to the expiration of the original term. Lessee's failure to comply with the foregoing notice provision may result in the Department's refusal to renew the Agreement. d. Upon termination of this Agreement, Lessee shall deliver the property to the Department, or its agents, in the condition existing at the commencement of this Agreement, normal wear and tear excepted, unless a facility, any improvement, or any part thereof has been constructed on the property. e. If removal of the facility, improvements, or any part thereof is requested by the Department, any such structures shall be removed by the Lessee at Lessee's expense by midnight of the day of termination of this Agreement and the property restored as nearly as practicable. f. This Agreement is terminable by the Department in the event that the facility ceases to be used for its intended purpose or is abandoned. 8. Eminent Domain Lessee acknowledges and agrees that its relationship with the Department under this Agreement is one of landlord and tenant and no other relationship either expressed or implied shall be deemed to apply to the parties under this Agreement. Termination of this Agreement for any cause shall not be deemed a taking under any eminent domain or other law so as to entitle Lessee to compensation for any interest suffered or lost as a result of termination of this Agreement, including any residual interest in the Agreement or any other facts or circumstances arising out of or in connection with this Agreement. Lessee hereby waives and relinquishes any legal rights and monetary claims which it might have for full compensation, or damages of any sort, including special damages, severance damages, removal costs, or loss of business profits, resulting from Lessee's loss of occupancy of the property specified in this Agreement, or any such rights, claims, or damages flowing from adjacent properties owned or leased by Lessee as a result of Lessee's loss of occupancy of the property specified in this Agreement. Lessee also hereby waives and relinquishes any legal rights and monetary claims which it might have for full compensation, or damages of any sort as set out above, as a result of Lessee's loss of occupancy of the property, when any or all adjacent properties owned or leased by Lessee are taken by eminent domain proceedings or sold under the threat thereof. This waiver and relinquishment applies whether this Agreement is still in existence on the date of taking or sale or has been terminated prior thereto. 9. Miscellaneous a. The airspace and Lessee's rights under this Agreement shall not be transferred, assigned, or conveyed to another party without the prior written consent of the Department, subject to concurrence by the FHWA. b. In conformance with the Civil Rights Act of 1964 (Title VI, Appendix "C") and 49 CFR Part 21, Lessee agrees as follows: 1. That as a part of the consideration hereof, Lessee does hereby covenant and agree as a covenant running with the land that (1) no person, on the ground of race, color, sex, or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said property and facility; (2) that in connection with the construction of any improvements on said property and facility and the furnishing of services thereon, no discrimination shall be practiced in the selection of employees and contractors, by contractors; and (3) that the Lessee shall use the property and facility in compliance with all other requirements imposed pursuant to 15 CFR Part 8, Subpart A. 575-060-32 RIGHT OF WAY OGC - 06/07 Page 5 of 7 2. That in the event of breach of any of the above covenants, the Department shall have the right to terminate this Agreement and to re-enter and repossess said property and the facility thereon, and hold the same as if this Agreement had never been made or issued. c. During the term of this Agreement Lessee shall, at Lessee's own cost and expense, promptly observe and comply with all present or future laws, requirements, orders, directions, ordinances, and regulations of the United States of America, the State of Florida, county or local governments, or other lawful authority whatsoever, affecting the land, property, and facility or appurtenances or any part thereof, and of all insurance policies covering the property, land, and facility, or any part thereof. d. In addition to or in lieu of the terms and conditions contained herein, the provisions of any Addendum of even date herewith which is identified to be a part hereof is hereby incorporated herein and made a part hereof by this reference. In the event of any conflict between the terms and conditions hereof and the provisions of the Addendum(s), the provisions of the Addendum(s) shall control, unless the provisions thereof are prohibited by law. e. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. f. Lessee acknowledges that it has reviewed this Agreement, is familiar with its terms, and has had adequate opportunity to review this Agreement with legal counsel of Lessee's choosing. Lessee has entered into this Agreement freely and voluntarily. This Agreement contains the complete understanding of the parties with respect to the subject matter hereof. All prior understandings and agreements, oral or written, heretofore made between the parties and/or between Lessee and any previous owner of the property and landlord of Lessee are merged in this Agreement, which alone, fully and completely express the agreement between Lessee and the Department with respect to the subject matter hereof. No modification, waiver, or amendment of this Agreement or any of its conditions or provisions shall be binding upon the Department or Lessee unless in writing and signed by both parties. g. Lessee shall be solely responsible for all bills for electricity, lighting, power, gas, water, telephone, and telegraph services, or any other utility or service used on the property. h. This Agreement shall be governed by the laws of the State of Florida, and any applicable laws of the United States of America. i. All notices to the Department shall be sent to the address for rent payments and all notices to Lessee shall be sent to the property address provided herein or otherwise provided in writing to the Department. ;.JI 575-060-32 RIGHT OF WAY OGC - 06/07 Page 6 of7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. n S. Edelcup Title: City Mayor Attest: ~A....1. -A. ~ (Seal) Nam:~ :~;f~~~ ~;l)~~.JC.MC '. I-- Title: ~; c.. \:i'"\.(' C:L~\< I , --, , .,.~ "'" . J / ."\ .... \ ~ ., .-) I" .. ~ rp'. ! Name: Attest: NamelTitle: Name: STATE OF FLORIDA DEPART NT 0 TRANSPORTATION By: Gus Pego, P.E. -m1,1:~( uti/oil j :( ~'1 ~) Margaret Higt!ns, Exec. Secretary J ~~'.~~f]l District Counsel Alicia Trujillo, Esq. ADDENDUM 575-060-32 RIGHT OF WAY OGC - 06/07 Page 7 of 7 This is an Addendum to that certain Airspace Agreement between and The State of Florida Department of Transportation dated the day of In addition to the provisions contained in said Agreement, the following terms and conditions shall be deemed to be a part thereof pursuant to Paragraph 9 (d) of said Agreement: DO NOT SIGN THIS ADDENDUM NOT USED SEE SEPARATE ADDENDUM STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LESSEE (Company Name, if applicable) By: By: District Secretary Name: Name: Title: Attest: Attest: (Seal) NamelTitle: Legal Review: Name: Title: District Counsel Name: c. ~ .- -= .- .c >C III n l1... o t- W W I CJ) a:::: l.J..J >- ~ ~ ~ ~ -' -' 0:: 0:: l.J..J l.J..J <.:l <.:l o 0 0:: 0:: CD CD u C/) is o :z: -< o :z: ::;) 2 -' 4: :z: o[Q] c::i :z: u.. o ..:;; :z: o z w C) w ~ l.J..J -' o :J: z: -< ::l; l.J..J :z: o :J: 0- W -' l.J..J >- w -' o 0- ae: w ~ o 0- t:;:j C/) l.J..J 0- 0:: z o ~ o z ::;) o u.. w a.. 0:: z o a::: -' -' l.J..J CD i!: ::;) o C/) ~ a:::: u :z: o u . o o s ~ o ~ u <{ t:, l.J..J u.. w ae: -< ::;) a C/) w u :z: w u.. ::x:: Z :::J :z: Z 4: <.:l :J: Vi U u.. 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"n 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 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 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 585'53'02"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 S4"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 511'40'56"W FOR 16.39 FEET; THENCE RUN SOO'41'Z5"E FOR 60.57 FEET; THENCE RUN 587'35'39"E FOR 92.24 FEET; THENCE RUN N1Z'21'58"E FOR 85.69 FEET; THENCE RUN NOZo 30'20"W FOR 25.64 FEET; THENCE RUN N1 S 17'12"E FOR 18.10 FEET; THENCE RUN N37' 13' 30E FOR ZO.25 FEET; THENCE RUN N5T24'02"E FOR 1 0.98 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 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.Z5 FEET; THENCE RUN N10001'58"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" CO~MENCE 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 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 S17'32'47"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 S65'34'23"E FOR 22.57 FEET; THENCE RUN S8T39'20"E FOR 42.16 FEET; THENCE RUN S89006'10"E FOR 227.08 FEET; THENCE RUN N02000'37''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 '. SHEET 4 OF 4 I PARCEL "e" COMMENCE AT THE NW CORNER OF SECTION 14, TOWNSHIP 52 SOUTH, RANGE 42 I EAST, MIAMI-DADE COUNTY, FLORIDA; THENCE RUN N850S'31 "E ALONG THE I 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 I 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 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'S7"E FOR 7.49 FEET; THENCE S7T29'09"E FOR 5.94 FEET; THENCE S4S'54'S4"E FOR 5.94 FEET; THENCE S1S'07'OS"E FOR 11.23 FEET; THENCE S06'22' 42"E FOR 11.23 FEET; THENCE SOSOS'06"E FOR 13.87 FEET; THENCE S04'lS'21"W FOR 11.45 FEET; THENCE S11034'OO"W FOR 16.77 FEET; THENCE S09'26'16"E FOR 8.32 FEET; THENCE S3S03'S7"E FOR 9.71 FEET; THENCE S4S'02'S5"E FOR 19.44 FEET; THENCE S2s032'47"E FOR lS.10 FEET; THENCE S3T43'16"W FOR 8.22 FEET; THENCE SSS'09'Sl lOW FOR 9.05 FEET; THENCE S72'll'S6"W FOR 6.96 FEET; THENCE N8S'46'S3"W FOR 8.53 FEET; THENCE N65'15'32"W FOR 10.S7 FEET; THENCE N44' 40' 30"W FOR 8.59 FEET; THENCE N22034'24"W FOR 4.46 FEET; THENCE N09025' 4S"W FOR 79.45 FEET; THENCE N 100 30'3S"W FOR 6.60 FEET; THENCE N02005'37"E FOR 11.16 FEET; THENCE N18030'38"E FOR 11.23 FEET; THENCE N40'3S'33"E FOR 9.51 FEET; THENCE N64050'02"E FOR 11.54 FEET TO THE POINT OF BEGINNING. CONTAINING 4124.S8 SF or 0.095 ACRES PARCEL "0" COMMENCE AT THE NW CORNER OF SECTION 14, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA; THENCE RUN N8S'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 N8T47'26"E ALONG SAID NORTH RIGHT OF WAY LINE OF STATE ROAD No.826 FOR 183.80 FEET; THENCE RUN S02012' 34E AT RIGHT ANGLES TO THE LAST DESCRIBED LINE FOR 65.0S FEET TO THE POINT OF BEGINNING; THENCE S06'48'23"E FOR 84.0S 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 11.6S FEET; THENCE S49041'48''W FOR 9.76 FEET; THENCE S46'43'll"W FOR 5.50 FEET; THENCE NS6'59'54"W FOR 5.02 FEET; THENCE Nl"18'49"E FOR 20.52 FEET; THENCE N19003'31"E FOR 31.08 FEET; THENCE N2S51'58"E FOR 7.11 FEET; THENCE N31027'52"E FOR 22.1S FEET; THENCE N40000'20"E FOR 22.89 FEET; THENCE N48008' 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 - STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ADDENDUM TO AIRSPACE AGREEMENT Item/Seg. No. F.A.P. No. Sec./Job No. Managing District: S.R. No. County Parcel No. : 248953 1 2489741 268012U/6268009U 87070-2514/87170-2517 Six 826 (N.W. 163 St.) Miami-Dade 3129 (Parts A, B, C & D) THIS AGREEMENT SHALL SERVE AS AN ADDENDUM to that certain Airspace Agreement between THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (Lessor) and CITY OF SUNNY ISLES BEACH (Lessee), and hereinafter collectively known as the "Parties", dated the day of 2009. In addition to the provisions contained in said Airspace Agreement, the following terms and conditions shall be deemed to be a part thereof pursuant to Paragraph 9 (b) of said Lease Agreement. Paragraph 2. USE. The Lessee agrees to occupy and use the property described in Exhibit A solely for the purposes of PUBLIC PARKING. The Lessee further agrees that at no time will the Lessee knowingly use and/or allow the use of the public parking area for other than the intended purpose as defined above without first obtaining prior written approval from Lessor. The Parties agree that the 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 only when the Lessee has been the cause of or has allowed others to cause the environmental contamination. Paragraph 3. RENTo Lessee agrees to provide parking for motor vehicles in the leased area, free of charge, at the commencement of this Agreement. In the event the Lessee desires, at some future date, to charge a fee for parking or provide any revenue generating amenities within the leased premises, the Lessee shall request Lessor's written approval and give Lessor a minimum 120 days advanced written notice of its intention to do so. Lessee understands and acknowledges that revenue generating amenities will be subject to Lessor's written approval, a rent assessment and change in the terms and conditions of this Agreement by the Lessor. Paragraph 4. IMPROVEMENTS Existing improvements by Lessee to lease area consist of: paved parking, sidewalk pavers, signs, landscaping, lighting and fencing as permitted by FOOT special permit. Such improvements are to be maintained by Lessee at its own sole cost and expense. 1 - STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ADDENDUM TO AIRSPACE AGREEMENT Item/Seg. No. : 248953/2489741 F.A.P. No. : 268012U/6268009U Sec.lJob No. : 87070-2514/87170-2517 Managing District: Six S.R. No. 826 (N.W. 163 St.) County Miami-Dade Parcel No. : 3129 (Parts A, B, C & D) PARAGRAPH 5. INSURANCE> The sentence in Paragraph 6 of said Agreement which reads, "Lessee shall provide the Department certificates showing such insurance to be in place and showing the Department as additional named insured under the policies", is hereby revised to read, " Lessee shall provide the Department certificates showing such insurance to be in place and showing the Department as additional insured under the policies". All other terms and conditions of the Airspace Agreement remain unchanged and with this confirmed and ratified by the Lessee and Lessor. IN WITNESS WHEREOF, the parties hereto have executed this Addendum to the Airspace Agreement as of this ~ / ..sfday of.k / CA , 2009 d CITY OF SUNNY ISLES BEACH STATE OF FLORIDA (Lessee) )' DEPARTMENT 0 T (Lessor) By: SPORTATION Name: Gus Peqo, P.E Title: City Mayor '~A:~ A~.est:' . ' " , :'Narne:' ~ PdJE. .h.t!i~g.c..thC ( - , If "'t \ ,~~fitfe: ;;. c.i\l\( Cl.~~~ ~ . (.... : \ , '. . () " . "! APP Attest '11lttt;lIJl..HI Uir',p. 4.) . r" II (J .- NamefTitle: Marqaret Hiqqins. Exec. Secretary Legal Review ~ ~~ . District Chief Counse I , . . ' Name: Alicia Truiillo. ESQ. 1: CITY ATfORNEY 2 Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax M~l\:'I ORA~D JJM TO: The Honorable Mayor and City Commission FROM: Hans Gttinot, City Attorney DATE: 6/18/2009 RE: Lease Between City of Sunny Isles Beach and Florida Department of Transportation for Property Located on Sunny Isles Boulevard RECOMMENDATION: It is recommended that the attached Resolution be approved. REASONS: The Airspace Agreement is a new version of the lease agreement provided by FOOT to renew the lease agreement for the properties located on the western part of Sunny Isles Boulevard. The properties are currently being used for public parking. The lease terms are similar to the original lease with one exception. Under the attached lease, the City must obtain FOOT consent if the City intends to convert the free parking areas to meter parking. By imposing a consent requirement, FOOT will seek to negotiate a revenue sharing proposal before allowing the City to charge for parking. ATTACHMENTS: . Resolution . Lease with FDOT Agenda Item loA . ~-\~-O<1 http://sibagenda. si bfl.net/agenda/Preview .aspx?I temID=44&MeetingID= Date