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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 i S6 P /f2.nlueu i `J r � i i • 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 11 O m r YG Y g f t x� �R y P x� Y� d L R €;3 4 a� I [a, fJ V V ;11i� r j E I &g ill I at Rill [ 9 $ . i s,� tads $.r ' I ► di f pf tl 9 (BJA7xI10ADA� /� as IL E E sfl if ou It CI} VL let E to $fit f & 4 F)! F t ll� "Dj �m cr 1" I` 1� 01F 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 I Deputy Clerk I C �.�1 •.I C� '[ JLYI 2 Lt ZI ] \. •...� 3g tJ,a 1 •R All 0. W4141- 4b . J r•a.wmm"°'......,ir'.` J �. ;.^il'Pr"ii E,;.,,. ...-.- »• > ,g fi' �• •• �..}LrJ�t{A" hd N�-1 ,.�•� � t` _ `. Y�+�i. i'J( T J v �}L.J�,+a3 it ,J4 056 p,,,," lo\2CIO Itl.)eU St.M l~... 800xh WASD,..... ~lOf Io.>>:[1-I$--Al_ "o-L 3: 0 ~ ~ c !;l ~VI m c: o ~ g -< Z iii ~ r- :< m "II VI r- .. o m ~ ~ > ::z: ~ ~ i I c -< > VI "0 c: > :D :a ~ ;< -< f . ~I_l i ~r " ~ ~ ~ ~ I ~i ~6 !11r II h h r~ Ci Ci J ~ ~ ~ B dil~f . I" 1"1< J ~I l ~l 113 ~Q ~~ Ei i ~n ~~~~ ~Iil" ~ ~. ~ ~ _ 'l N02',"",Q5JXP .1 e- g~ :m:ol ~ W~i~.I~-~r~ ~ 'flF !{i!fliUl!f!fiUI Ii ll_. u JI~fJtJI ! IU If f If &, -l.~ - ~ jI~ f mJ!! I liti:~ ! . '. ~n::. ~ . ,'i~lt ", Jig J 11 ~!:~ r ~ '~i r fh- : i. ;m 'rr I ~:i. ~ i~: . 1<>. 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I !' I, J l: r I 1; f I .1 . m >< :T -- C'" -- ,.... )> i h 53 tg I; . ~ ;ifj~ . S ~"'Vf>tUIl -'---._.__._.:~~"",,,,,, I 'Ol n. -4:_._._.___.,: .,.IWo~ClQo",,1ICatr '}-.-.- ta."',6-"tI t I f' Q) f (/) ro Q) --1 l:J C ro --1 l:J Q) (/) 0 0. 0 L- a.. +-' C Q) E t ro 0. Q) 0 L- Q) ~ Q) CJ) ~ L- Q) +-' ro S ~ +-' C :J o () Q) l:J ro o E ro ~ I . I~ ~ ,~ 'L j '0 ~ ~ ,lII I t;1 ~ 'lXl J: o <( W lXl Z <( W o o f/) W ..J !Q ~ z Z ::l f/) t II ~ II , r - .. ... .- 411 , I I I II ~. . .; .... .. L .. L :.r ..- '~i ,.I II ~:-;. '4 ~I 1 · ..... 1.lIj .."" .' :: ... ~""'I :1'. . k t1. ~r'\'!i....' ~7 ~ ,lj,' .: , · If'- '11 " 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