HomeMy WebLinkAboutReso 2010-1642
RESOLUTION NO. 2010- .JJJ!2..
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A
LEASE AGREEMENT WITH MIAMI-DADE COUNTY FOR
LEASE OF THE WESTERN PORTION OF THE WATER
AND SEWER DEPARTMENT'S PUMP STATION SITE #301,
LOCATED AT 350 SUNNY ISLES BOULEV ARD, TO
CREATE A P ASSIVE PARK, ATTACHED HERETO AS
EXHIBIT "A", IN AN AMOUNT OF TEN DOLLARS ($10.00)
PER YEAR FOR FIVE (5) YEARS; AUTHORIZING THE
MAYOR TO EXECUTE SAID LEASE AGREEMENT;
AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach has been working with Miami Dade Water
and Sewer Department (W ASD) to reach an agreement to modify and beautify the current sewer
pump station site #301; and
WHEREAS, as part of that agreement, the City requested that the western portion of the
site which is currently empty, be leased to the City to provide a passive park abutting the
Intracoastal Coastal Waterway; and
WHEREAS, as part of that agreement, the City will also demolish the unsightly holding
tank that is on the pump station site; and
WHEREAS, it is the wish of this Commission to lease this property from the County to
create a passive park, in an amount ofTen Dollars ($10.00) per year for five (5) years.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Lease Agreement. The City Commission hereby approves the Lease
Agreement with Miami-Dade County for lease of the western portion of the Water and Sewer
Department's Pump Station Site #301 located at 350 Sunny Isles Boulevard, to create a passive
park, in an amount of Ten Dollars ($10.00) per year for five (5) years, attached hereto as Exhibit
"A".
Section 2. Authorization of the Mayor. The Mayor is hereby authorized to execute said
Lease Agreement.
Section 3. Authorization of the City Manager. The City Manager is hereby authorized to do
all things necessary to effectuate this Resolution.
R2010- WASD Lease Agmt 350 SIBlvd Page I 01'2
Section 4.
Effective Date. This Resolution shall become effective upon adoption.
PASSED and ADOPTED this 18th day of November 2010.
I ,
ATTEST:
~i A:~
Jane (\. Hi,~es, ~MC, City Clerk
0) ~. r'"'; j
~.
Moved by: &~ ~DLL.
Second by: ~\'\fI~ ~cz.. 2.l tJ
VOTE AS FOLLOWS: 6-0
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
~(Yes)_(No)
V (Yes)_(No)
V (Yes)_(No)
~Yes)_(No)
-L(Yes)_(No)
R20 I 0- W ASD Lease Agmt 350 SlBlvd
Page 2 01'2
,&Aj, )I; 4,'I'll
LEASE AGREEMENT
THIS AGREEMENT made on the t' day of Nkk lCck , 2016, by and between
MIAMI -DADE COUNTY, a political subdivision of the State of Florida, herein sometimes
designated or referred to as the "LANDLORD," and CITY OF SUNNY ISLES BEACH, a
Florida municipal organization, hereinafter referred to as the "TENANT,"
WITNESSETH:
The LANDLORD, for and in consideration of the restrictions and covenants herein
contained, hereby leases to TENANT and TENANT hereby agrees to lease from LANDLORD
the described as follows:
The western portion of Water & Sewer Department's Pump Station
Site # 301, located at 350 Sunny Isles Boulevard, Sunny Isles,
Florida. Folio # 31- 2214- 007 -0410, as referenced in the attached
Exhibit "A" made a part hereof and hereinafter referred to "Leased
Premises."
TO HAVE AND TO HOLD unto said TENANT for a term of five (5) years,
commencing, upon the effective date of the resolution of the Miami -Dade Board of County
Commissioners (the "Board ") approving the Lease Agreement and shall become effective ten
(10) days after the date of its adoption unless vetoed by the Mayor, and if vetoed, shall become
effective only upon an override of the Board of the Lease Agreement, (the "Effective Date ") and
shall terminate five years thereafter. The annual rental of Ten Dollars and 00 /100 ($10.00) per
year, payable in advance on the first day of every year to the Board of County Commissioners,
c/o General Services Administration, 111 N.W. First Street, Suite 2460, Miami, Florida 33128-
1907 or at such other place and to such other person as LANDLORD may from time to time
designate in writing, as set forth herein.
IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE
RESPECTIVE PARTIES HERETO:
LW Lease Agreement 350 Sunny Isles Blvd. WASD.doc
Property # 2214 -00 -00
11
ARTICLE I
USE OF LEASED PRENUSES
The area of the Leased Premises may be used by TENANT solely for a passive park for
public use available seven days a week from sunrise to sunset. TENANT shall be responsible for
opening the gate to prevent access to the Leased Premises before sunrise and locking the gate at
sunset. TENANT shall be responsible for all operations aspects of the Leased Premises except
for the areas specifically designated for use by Miami -Dade County. If the TENANT fails to
operate the facility in accordance with the approved use, this Lease Agreement shall be
terminated and any and all improvements will become the property of the LANDLORD.
TENANT shall be given thirty (30) days notice to cure any defaults before the Lease Agreement
is terminated.
ARTICLE II
CONDITION OF LEASED PREMISES
TENANT hereby accepts the Leased Premises in "as is" condition as such Leased
Premises exists at the beginning of this Lease Agreement. TENANT acknowledges that the
Leased Premises contains underground utility facilities (the "existing utilities ") and the
LANDLORD shall have access to the entire parcel in order to access the underground utility
facilities for maintenance, repair or alteration. TENANT, at its sole cost and expense, may make
such beautification improvements and construct the passive park upon the Leased Premises as
shall be reasonably necessary to place the Leased Premises in such state or condition that it may
be used for the purposes for which this Lease Agreement is made and entered into by both
parties but shall not impact or utilize such existing utilities. LANDLORD shall repair all
beautification improvements if LANDLORD destroys such improvements during any repairs of
existing facilities.
ARTICLE III
UTILITIES, MAINTENANCE AND CONSTRUCTION
All additional utilities shall be provided and installed by the TENANT and shall be
placed in the name of the TENANT and the cost of all utilities and waste removal shall be paid
by TENANT, including any and all infrastructure required to provide service to the Leased
Premises. The location of all new utility lines shall be subject to the written approval of
LW Lease Agreement 350 Sunny Isles Blvd. WASD.doc 2
LANDLORD prior to installation. The TENANT agrees to provide, at its sole cost and expense,
all maintenance, landscaping, repairs or replacements, as required to keep the Leased Premises
and any improvements thereto in a state of good repair, and in a safe and clean condition at all
times, during the term of this Lease Agreement or any extension or renewal thereof. This shall
include, but not be limited to, cutting grass, trimming trees and shrubs and removing trash.
TENANT shall be responsible for and shall repair any damage caused to the Leased Premises as
a result of TENANT's use of the Leased Premises, ordinary wear and tear excepted.
LANDLORD shall notify TENANT after discovering any damage. LANDLORD shall notify
TENANT after discovering any damage which TENANT is responsible for repairing. TENANT
shall have thirty (30) days to complete the repairs unless an extension is given by the
LANDLORD in writing. If any lighting, water fountains, tables, grills for cooking, fences, signs
or any other equipment or improvements shall be provided by TENANT, they shall be paid for
and maintained by TENANT. All TENANT Improvements shall be at the TENANT's expense,
which shall include an exterior fence and gate along the property line abutting Sunny Isles
Boulevard and an interior fence around the Pump Station site for Miami -Dade Water & Sewer
Department use only. Any construction on the property, such as fences, lighting, gazebos,
shelters or any item that requires a building permit will require the written approval of
LANDLORD. LANDLORD shall be able to withhold approval for any reason.
ARTICLE IV
CONSTRUCTION BY LANDLORD
LANDLORD has the right to make planned improvements and construction in, on, under
or to the Leased Premises with five (5) days written notice to TENANT.
ARTICLE V
ASSIGNMENT
Without the written consent of LANDLORD first obtained in each case, TENANT shall
not sublet, transfer, mortgage, pledge, or dispose of this Lease Agreement or the term hereof.
LW Lease Agreement 350 Sunny Isles Blvd. WASD.doc 3
ARTICLE VI
NO LIABILITY FOR PERSONAL PROPERTY
All personal property placed or moved in the Leased Premises shall be at the risk of
TENANT or the owner thereof. LANDLORD shall not be liable to TENANT or any third party
for any damage to said personal property unless solely caused by or due to the negligence of
LANDLORD, LANDLORD's agents or employees, subject to all limitations of Florida Statutes,
Section 768.28.
ARTICLE VII
SIGNS
Signs will be of the design and form of letter to be first approved by LANDLORD. Sign
wording will require written pre - approval of LANDLORD within ten (10) days after submittal
by the TENANT. The cost of any sign shall be paid by TENANT. All signs shall be removed
by TENANT at termination of this Lease Agreement and any damage or unsightly condition
caused to Leased Premises because of or due to said signs shall be satisfactorily corrected or
repaired by TENANT, at TENANT's expense. All signs will comply with all applicable laws
and regulations.
ARTICLE VIII
LANDLORD'S RIGHT OF ENTRY
LANDLORD or any of its agents shall have the right to enter said Leased Premises
during all reasonable working hours or when making improvements or alterations to the Pump
Station or nearby infrastructure if repairs, additions or alterations are deemed necessary for the
safety, comfort, or preservation thereof. Said right of entry shall likewise exist for the purpose of
removing placards, signs, fixtures, alterations or additions which do not conform to this Lease
Agreement. LANDLORD will have access to the entire. parcel in the event of an emergency
without prior notice for Pump Station No. 301,
LW Lease Agreement 350 Sunny Isles Blvd. WASD.doc 4
ARTICLE IX
PEACEFUL POSSESSION
Subject to the terms, conditions, and covenants of this Lease Agreement, LANDLORD
agrees that TENANT -shall and may peaceably have, hold, and enjoy the Leased Premises
without hindrance or molestation by LANDLORD.
ARTICLE X
SURRENDER OF LEASED PREMISES
TENANT agrees.to surrender to LANDLORD, at the end of the term of this Lease
Agreement or any extension thereof, said Leased Premises in as good condition as said Leased
Premises were at the beginning of the term of this Lease Agreement, ordinary wear and tear and
damage by fire and windstorm or other acts of God excepted including all improvements made
thereto, which shall become the property of the LANDLORD.
ARTICLE XI
INDEMNIFICATION AND HOLD HARMLESS
TENANT shall indemnify and hold harmless the LANDLORD and its officers,
employees, agents and instrumentalities from any and all liability, losses, or damages, including
attorney fees and costs of defense, which the LANDLORD or its officers, employees, agents or
instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings
of any kind or nature arising out of, relating to or resulting from the performance of the Lease
Agreement by the TENANT or its employees, agents, servants, partners, principals or
subcontractors. TENANT shall pay all claims and losses in connection therewith, and shall
investigate and defend all claims, suits, or actions of any kind or nature in the name of the
LANDLORD, where applicable, including appellate proceedings and shall pay all costs and
judgments, and agrees that any insurance protection required by this Lease Agreement or
LW Lease Agreement 350 Sunny Isles Blvd. WASDA be 5
otherwise provided by TENANT shall in no way limit the responsibility to indemnify, keep and
save harmless and defend the LANDLORD or its officers, employees, agents and
instrumentalities as herein provided. This Article is subject to all limitations of Florida Statutes,
Section 768.28.
ARTICLE XII
LIABILITY FOR DAMAGE OR INJURY
LANDLORD shall not be liable for any damage or injury which may be sustained by
any party or person on the Leased Premises other than the damage or injury caused solely by the
negligence of LANDLORD, its officers, employees, agents, invitees, or instrumentalities, subject
to all limitations of Florida Statues, Section 768.28,
ARTICLE XIII
SUCCESSORS IN INTEREST
It is hereby covenanted and agreed between the parties that all covenants, conditions,
agreements, and undertakings contained in this Lease Agreement shall extend to and be binding
on the respective successors and assigns of the respective parties hereto, the same as if they were
in every case named and expressed.
ARTICLE XIV
CANCELLATION
LANDLORD, through its County Mayor or County Mayor's designee, shall have the
right to cancel this Lease Agreement without cause at any time by giving TENANT at least
thirty (30) days' written notice prior to its effective date. TENANT shall have the right to
cancel this Lease Agreement without cause, at any time by giving the LANDLORD at least thirty
(30) days written notice prior to its effective date.
ARTICLE XV
OPTION TO RENEW
Provided this Lease Agreement is not otherwise in default, TENANT is hereby granted
the option to extend this Lease Agreement for three (3) additional five (5) year renewal option
periods upon the same terms and conditions, by giving LANDLORD notice in writing at
least sixty (60) days prior to the expiration of this Lease Agreement or any extension thereof.
LW Lease Agreement 350 Sunny Isles B. WASDdoc 6
After receiving such notice, and prior to such renewal, the parties may amend the terms of this
agreement by mutual written agreement.
ARTICLE XVI
It is understood and agreed between the parties hereto that written notice addressed and
sent by certified or registered mail, return receipt requested, first class, postage prepaid and
addressed as follows:
TENANT:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Attention: City Manager
LANDLORD:
Miami -Dade County
Director
General Services Administration
111 N.W. 1 Street, Suite 2460
Miami, Florida 33128 -1907
WITH COPY TO:
City of Sunny Isles Beach
18070 Collins Avenue — 4v' Floor
Sunny Isles Beach, Florida 33160
Attention: City Attorney
WITH COPY TO:
Miami -Dade County
Director
Water & Sewer Department
3071 S.W. 38 Avenue
Miami, Florida 33146
Notices provided herein in this paragraph shall include all notices required in this Lease
Agreement or required by law.
ARTICLE XVII
INSURANCE
Prior to the start of this Lease Agreement, TENANT shall furnish to the Real Estate
Management Section of Miami -Dade County, c/o General Services Administration, 111 N.W.
First Street, Suite 2460, Miami, Florida 33128 -1907, certificate(s) of insurance which indicate(s)
that insurance coverage has been obtained which meets the requirements as outlined below:
A. Public Liability Insurance, in an amount not less than $300,000 combined
single limit per occurrence for bodily injury and property damage.
MIAMI -DADE COUNTY must be shown as an additional insured with
respect to this coverage.
LW Lease Agreement 350 Sunny Isles Blvd. WASD.dac 7
B. Automobile Liability Insurance, covering all owned, non - owned, and hired
vehicles used in connection with the Lease Agreement in an amount not
less than $300,000 combined single limit for bodily injury and property
damage.
Certificates will indicate that no modification or change in insurance shall be made
without thirty (30) days written advance notice to the certificate holder.
Compliance with the foregoing requirements shall not relieve TENANT of its
liability and obligations under this Section or under the Indemnification and Hold
Harmless Article, or any other portion of this Lease Agreement.
TENANT shall be responsible for assuring that the insurance certificates required in
conjunction with this section remain in full force for the duration of this Lease Agreement. If
insurance certificates are scheduled to expire during the term of the Lease Agreement, TENANT
shall be responsible for submitting new or renewed insurance certificates to the LANDLORD at
a minimum of thirty (30) days in advance of such expiration.
The above - stated amounts of liability insurance coverage shall be reviewed by the
LANDLORD every five (5) years and LANDLORD shall have the right to increase said amounts
of liability insurance in accordance and in conformity with like coverage required by Miami-
Dade County of other tenants in similar circumstances.
ARTICLE XVIII
PERMITS , REGULATIONS
TENANT covenants and agrees that during the term of this Lease Agreement, TENANT
will obtain any and all necessary permits and approvals and that all uses of the Leased Premises
will be in conformance with all applicable laws.
LW Lease Agreement 350 Sunny Isles Blvd. WASD.doc
n
ARTICLE XIX
ADDITIONAL PROVISIONS
1. Mechanic's. Materialmen's and Other Liens
TENANT agrees that it will not permit any mechanic's, materiahnen's or other liens to
stand against the leased property for work or materials furnished to TENANT; it being provided,
however, that TENANT shall have the right to contest the validity thereof. TENANT shall
immediately pay any judgment or decree rendered against TENANT, with all proper costs and
charges, and shall cause any such lien to be released off record without cost to LANDLORD.
TENANT agrees it shall be the TENANT's responsibility to include the following
statement in any and all contracts in regard to improvements to the Leased Premises: "All
persons, firms or corporations dealing with the City of Sunny Isles Beach in respect to the
furnishing of any labor, services or materials for the improvement of said Leased Premises are
hereby placed on notice that no liens of any nature or character shall be imposed upon or
enforced against the Leased Premises, but that credit and liability of the City of Sunny Isles
Beach only shall be relied upon for payment of the cost of such improvements." If liens are
placed upon said Leased Premises, the City of Sunny Isles Beach shall be responsible for these
liens.
2. Non - Discrimination
The Board of County Commissioners declared and established as a matter of policy, by
Resolution No. 9601 dated March 24, 1964, that there shall be no discrimination based on race,
color, creed, or
national origin, and Resolution No.
85 -92 dated January
21, 1992, involving the
use, operation,
and maintenance of the property and
facilities included in this Lease Agreement.
TENANT agrees to comply with all State and Federal laws related to non - discrimination on the
basis of race, color, creed, national origin or disability.
3. TENANT will be responsible to design, permit, demolish the existing holding
tank and construct the improvements, (the "Proj ect" ), at their sole cost and expense.
LW Lease Agreement 350 Sunny Isles R. WASD.doc 9
4. TENANT's proposed improvement plans and scheduling must be approved by the
Director of the Water and Sewer Department, prior to the permitting application.
5. TENANT shall be responsible for the maintenance of the property, including all
cleaning, landscaping and operational costs of the property upon (the "Project's ") completion.
6. TENANT shall be responsible for and shall repair any damage caused to the
Leased Premises as a result of TENANT's use of the Leased Premises or any vandalism,
malicious mischief or criminal acts thereto. LANDLORD shall notify the TENANT after
discovering any mischief, criminal acts or any damage to the site which the TENANT is
responsible for maintaining, repairing or replacing and the TENANT shall take the necessary
actions to remedy such damage promptly after said notice.
ARTICLE XX
This Lease Agreement contains the entire agreement between the parties hereto and all
previous negotiations leading thereto, and it may be modified only by resolution approved by the
Board of County Commissioners unless otherwise provided herein.
LW Lease Ageement 350 Sunny Isles Blvd. WASD.doe 10
IN WITNESS WHEREOF, LANDLORD and TENANT have caused this Lease
Agreement to be executed by their respective and duly authorized officers the day and year first
above written.
(OFFICIAL SEAL)
WITNESS \
WITNESS
(OFFICIAL SEAL)
ATTEST:
HARVEY RUVIN, CLERK
ART 1 ?60 M M, °9Q
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P /f2.nlueu i
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ATTORNEY
LW Lease Agreement 350 Sunny Isles Blvd WASD.doc
CITY OF SUNNY ISLES BEACH,
a Florida municipal organization
By:
Norman S. Edelcup
Mayor
MIAMI DADECOUNTY FLORIDA
BY ITS BOARD OF
COUNTY CDMMIS ONERS
By.
Carlos Alvarez I (LANDLORD)
County Mayor
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Date: March 01 , 2011
Memorandum a�
To. Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners
Agenda Item No. B(F)(1)(B)
Resolution Number: R- 137 -11
From: George M e
County Ma W
Subject: Lease Agreement for Pro Located at 350 Sunny Isles Boulevard
With the City of Sunny Isles Beach, a Florida municipal organization
Folio # 31- 2214 -007 -0410
Property # 2214 -00 -00
•, it !' •
It is recommended that the Board approve the attached resolution authorizing execution of a Lease
Agreement for property located at 350 Sunny Isles Boulevard, Sunny Isles Beach, with the City of
Sunny Isles Beach, a Florida municipal organization for premises to be utilized for a passive park.
The attached Lease Agreement has been prepared by General Services Administration at the
request of the Miami -Dade Water and Sewer Department
PROPERTY: 350 Sunny Isles Boulevard, Sunny Isles
COMMISSION DISTRICT: 4
COMMISSION DISTRICTS Countywide
IMPACTED:
OWNER: Miami -Dade County
TENANT: City of Sunny Isles Beach, a Florida municipal organization
USE: Approximately 7,372 square feet of vacant land located
west of Miami -Dade County Water and Sewer
Department's Pump Station No. 301, located at 350 Sunny
Isles Boulevard, Sunny Isles Beach,
TENANT'S TRACK RECORD: The County has no record of negative performance issues
with the City of Sunny Isles Beach, a Florida municipal
organization.
JUSTIFICATION: The 7,372 square feet of land, which is described in Exhibit
A of the lease agreement, Is part of a larger parcel of land
that is under the jurisdiction of the Miami -Dade Water and
Sewer Department's (WASD) and the site of Pump Station
No, 31. The area being leased is not being used by WASD
and contains no improvement other than some old asphalt.
The City of Sunny Isles Beach, at its sole cost and
expense, is going to turn the property into a passive park.
The park will be open to the public seven days a week
from sunrise to sunset.
Honorable Chairman Joe A. Martinez
And Members, Board of county Commissioners
Page 2
LEASE TERM: Five year with three additional five -year renewal option
periods.
EFFECTIVE DATES: Commencing upon the passage of the resolution of the
Miami -Dade County Board of County Commissioners
approving this Lease Agreement and terminating five years
thereafter with three additional five -year renewal option
periods.
RENTAL RATE: $10.00 per year
LEASE CONDITIONS: The Tenant at its sole cost and expense shall be
responsible for the completion of all improvements, the
operation of the park, and for all costs for utilities, waste
removal services, maintenance repairs or replacements of
the grounds, landscaping and landscaping services.
FINANCIAL IMPACT: No funds will be spent by the County. The vacant land is
leased to City of Sunny Isles Beach for Ten dollar ($10.00)
per year. The County will not be impacted financially by
the proposed lease agreement.
CANCELLATION PROVISION: Either party may cancel by giving thirty (30) days written
notice.
MONITOR: Linda Weber, Real Estate Officer
COMMENTS: The parcel was circulated to County Departments to
determine whether the parcel is needed for County
purposes and no use was identified.
DELEGATED AUTHORITY: Authorizes the County Mayor or the County Mayor's
designee to execute the attached lease agreement with
the City of Sunny Isles Beach, exercise the cancellation
provision, and exercise three additional five -year renewal
option periods.
=== �
wendiQ.,NdrrIS
Director
General Services Administration
P O �
/D
0 oe +I MEMORANDUM
TO: Honorable Chairman Joe A. Martinez DATE
and Members, Board of County Commissioners
FROM:
R. A. Cuevas,
County Attom(
Please note any items checked.
SUBJECT
113 -Day Rule" for committees applicable if raised
March 1, 2011
Agenda Item No. 8 (F) (1) (B)
6 weeks required between first reading and public hearing
4 weeks notification to municipal officials required prior to public
hearing
Decreases revenues or increases expenditures without balancing budget
Budget required
Statement of fiscal impact required
r
Ordinance creating a new board requires detailed County Manager's
report for public hearing
No committee review
Applicable legislation requires more than a majority vote (i.e., 2/3's ,
3/5's , unanimous ) to approve
Current information regarding funding source, index code and available
balance, and available capacity (if debt is contemplated) required
3
Approved Mavor
Veto
Override
RESOLUTION NO. R- 137 -11
Agenda Item No. 8(F) (1) (B)
3 -1 -11
RESOLUTION PURSUANT TO SECTION
125.38, FLORIDA STATUTES, AUTHORIZING
EXECUTION OF A LEASE AGREEMENT FOR
TEN DOLLARS PER YEAR FOR COUNTY -
OWNED LAND LOCATED AT 350 SUNNY
ISLES BOULEVARD, SUNNY ISLES BEACH,,
WITH THE CITY OF SUNNY ISLES BEACH,
FOR PREMISES TO BE UTILIZED AS A
PASSIVE PARK OPEN TO THE PUBLIC SEVEN
DAYS A WEEK FROM SUNRISE TO SUNSET;
WAIVING ADMINISTRATIVE ORDER 8 -4 AS
IT RELATES TO REVIEW BY THE PLANNING
ADVISORY BOARD; AND AUTHORIZING THE
COUNTY MAYOR OR COUNTY MAYOR'S
DESIGNEE TO EXERCISE ANY AND ALL
OTHER RIGHTS CONFERRED THEREIN
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying
memorandum, a copy of which is incorporated herein by reference; and
WHEREAS, the City of Sunny Isles Beach, a Florida municipal organization is
requesting that certain County -owned property, located at 350 Sunny Isles Boulevard, Sunny
Isles Beach, be leased to the City of Sunny Isles Beach for the purposes of providing a passive
park with seven days a week access from sunrise to sunset for the convenience of the public; and
WHEREAS, the County is satisfied that the City of Sunny Isles Beach, a Florida
municipal organization, does require the County -owned property for such use and the property is
not otherwise needed for County purposes; and
WHEREAS, this Board finds that pursuant to Section 125.38 of the Florida Statutes the
lease of said property to the City of Sunny Isles Beach serves the best interest of the County, and
is in the public's community interest and welfare,
l�
Agenda Item No.
Page No. 2
8(F)(1)(B)
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MIAMI -DADE COUNTY, FLORIDA, that this Board 1)
incorporates the foregoing recitals by reference; 2) approves the Lease Agreement between
Miami -Dade County and the City of Sunny Isles Beach, a Florida municipal organization,
for premises to be utilized as a passive park for the convenience of the public, in
substantially the form attached hereto and made a part hereof; 3) authorizes the waiver of
Administrative Order 8 -4 as it relates to review by the Planning Advisory Board; and 4)
authorizes the County Mayor or the County Mayor's designee to execute same for and on
behalf of Miami -Dade County; and authorizes the County Mayor or the County Mayor's
designee to exercise any and all other rights conferred therein.
The foregoing resolution was offered by Commissioner JaeA.Marfinez .
moved its adoption. The motion was seconded by Commissioner Jose " Pepe" Diaz
and upon being put to a vote, the vote was as follows:
Joe A. Martinez, Chairman aye
Audrey M. Edmonson, Vice Chairwoman aye
Bruno A. Barreiro aye Lynda Bell aye
Jose "Pepe" Diaz aye Carlos A. Gimenez aye
Sally A. Heyman ave Barbara J. Jordan ave
Jean Monestime aye Dennis C. Moss ave
Natacha Seijas absent Rebeca Sosa aye
Sen. Javier D. Souto aye
S
, who
m
Agenda Item No.
Page No. 3
8(F)(1)(B)
The Chairperson thereupon declared the resolution duly passed and adopted this ls` day
of March, 2011. This resolution shall become effective ten (10) days after the date of its
adoption unless vetoed by the Mayor, and if vetoed, shall become effective only upon an
override of this Board.
MIAMI -DADE COUNTY, FLORIDA
�0 M� BY ITS BOARD OF
_wa e 0t-, COUNTY COMMISSIONERS
z HARVEY RUVIN, CLERK
DIANE COLLINS
By:
Approved by the County Attorney e6 4L
to form and legal sufficiency.
Debra Herman
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Deputy Clerk
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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
MEMORAl~J~Ul\1
TO:
The Honorable Mayor and City Commission
FROM:
Jorge L. Vera, Assistant City Manager/Service
DATE:
11/18/2010
RE:
Lease Agreement with Miami Dade Water and Sewer Department for
passi ve park.
RECOMMENDATION:
It is recommended that the City Commission approve the attached resolution for the
creation of a passive park at the Miami Dade Water and Sewer Department sewer pump
station on Sunny Isles Boulevard.
REASONS:
The City has been working with Miami Dade Water and Sewer Department (W ASD) to
reach an agreement to modifY and beautify the current sewer pump station site located on
Sunny Isles Boulevard. As part of the agreement, the City requested that the western
portion of the site which is currently empty, be leased to the City to provide a passive
park abutting the Intracoastal Coastal waterway. In addition to creating a park like setting
for that area, the City also proposed to demolish the unsightly holding tank that is on the
pump station site and W ASD agreed to include that as part of the lease agreement.
The attached lease agreement which needs to be approved by the City Commission
before it is submitted for approval by the County Commission. Upon approval by the
County Commission and prior to commencing any work on the site, staff will provide a
layout of the proposed park like setting, scope of work and associated costs.
ATTACHMENTS:
. Resolution
http://sibagenda.sibfl.net/agenda/Preview.aspx?I temID=3 7 6&MeetingID=0&MeetingDate... 11/9/2010