HomeMy WebLinkAboutReso 2011-1692
RESOLUTION NO. 2011-1l-'1~
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 DEPARTMENT OF TRANSPORTATION
("FDOT") FOR PARKING SPACE LOCATED UNDER THE
LEHMAN CAUSEWAY BRIDGE; AUTHORIZING THE MAYOR TO
EXECUTE SAID LEASE AGREEMENT IN SUBST ANTIALL Y THE
SAME FORM; 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 Lehman 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 COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of the Lease Agreement. The City Commission hereby approves the
Lease Agreement for parking under the Lehman Causeway with FDOT in substantially the same
form as the attached Exhibits "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said lease
agreement with FDOT.
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 this Resolution.
Section 4.
Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this ~day of March 2011.
, .
ATTEST:
~~~
Jane A. Hines, <;MC, .City Clerk
Approving The Lease With FDOT For Parking Under The Lehman Causeway
Page I of2
Moved by:
('Cl'\~ C:;~o\...L-
Seconded by: _V\Q. 'f'f\~-r ~~z..e..
Vote: S-o
Mayor Edelcup
Vice Mayor Thaler
Commissioner Aelion
Commissioner Gatto
Commissioner Scholl
~(Y es)
V (Yes)
~(Yes)
'='=-CY es)
~Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
Approving The Lease With FDOT For Parking Under The Lehman Causeway
Page 2 of2
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 575-060.33
LEASE AGREEMENT RIGHT OF WAY
OGG-oeme
ITEM/SEGMENT NO.: 2488311
MANAGING DISTRICT: Six
• F.A.P. NO.: WA
STATE ROAD NO.: A1A&856
COUNTY.: Miami-Dade •
� PARCEL NO.: 653&6518 4
THIS AGREEMENT,made this day of � , 2011 ,by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION,_(hereinafter called the Lessor),and CITY OF SUNNY ISLES BEACH,
• 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(hereinafter called the Lessee.)
WITNESSETH:
In consideration of the mutual covenants contained herein,the parties agree as follows:
1.Property and Term. Lessor does hereby lease unto Lessee the property described in Exhibit"A",attached and made a part
hereof,for a term of Ten(10)years beginning 3/1/2011 and ending 2/28/2021 . This
Lease may be renewed for an additional ten(10)years term at Lessee's option,subject to the rent adjustment as
provided in Paragraph 3 below. Lessee shall provide Lessor one hundred&twenty days advanced written notice
of its exercise of the renewal option.
If Lessee holds over and remains in possession of the property after the expiration of the term specified in this Lease, or any
renewals of such term, Lessee's tenancy shall be considered a tenancy at sufferance, subject to the same terms and conditions as
herein contained in this Lease.
This Lease is subject to all utilities in place and to the maintenance thereof as well as any other covenants,easements,
or restrictions of record.
This Lease shall be construed as a lease of only the interest,if any,of Lessor,and no warranty of tide shall be deemed
to be given herewith.
2. Use. The leased property shall be used solely for the purpose of See Addendum
If the property is used for any other purpose, Lessor shall have the option of immediately terminating this Lease.
Lessee shall not permit any use of the property in any manner that would obstruct or interfere with any transportation facilities.
Lessee will further use and occupy the leased property in a careful and proper manner,and not commit any waste thereon. Lessee
will not cause,or allow to be caused,any nuisance or objectionable activity of any nature on the property. Lessee will not use or
occupy said property for any unlawful purpose and will,at Lessee's sole cost and expense,conform to and obey any present or future
ordinances and/or rules,regulations, requirements, and orders of governmental authorities or agencies respecting the use and
occupation of the leased property.
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 on the leased property is prohibited. Lessee shall be held
responsible for the performance of and payment for any environmental remediation that may be necessary,as determined by the
Lessor,within the leased property. If any contamination either spread to or was released onto adjoining property as a result of
Lessee's use of the leased property,the Lessee shall be held similarly responsible. The Lessee shall indemnify,defend,and hold •
harmless the Lessor from any claim,loss,damage,costs,charge,or expense arising out of any such contamination.
3. gent. Lessee shall pay to Lessor as rent,on or before the first day of each rent payment period,the sum of
See Addendum plus applicable tax,for each See Addendum of the term. If
this Lease is terminated prior to the end of any rent payment period,the unearned portion of any rent payment, less any other amounts
that may be owed to Lessor, shall be refunded to Lessee. Lessee shall pay any and all state, county,city,and local taxes that may be
due during the term hereof, including any real property taxes. Rent payments shall be made payable to the Florida Department
of Transportation and shall be sent to R/W Administration, 1000 NW 111 Avenue,Rm.6105-B,Miami, Florida 33172
Attn: Property Management . Lessor reserves the right to review and adjust the rental fee biennually
and at renewal to reflect market conditions. Any installment of rent not received within ten(10)days after the date due
575-060-33
RIGHT OF WAY
OGC - 06109
shall bear interest at the highest rate allowed by law from the due date thereof, per Section 55.03(1), Florida Statutes. This provision
shall not obligate Lessor to accept late rent payments or provide Lessee a grace period.
4. Improvements, No structures or improvements of any kind shall be placed upon the property without the prior written
approval of the District Secretary for District Six of Lessor. Any such structures or improvements shall be
constructed in a good and workmanlike manner at Lessee's sole cost and expense. Subject to any landlord lien, any structures or
improvements constructed by Lessee shall be removed by Lessee, at Lessee's sole cost and expense, by midnight on the day of
termination of this Lease and the leased property restored as nearly as practical to its condition at the time this Lease is executed,
Portable or temporary advertising signs are prohibited,
Lessee shall perform, at the sole expense of Lessee, all work required in the preparation of the leased property for occupancy by
Lessee, in the absence of any special provision herein contained to the contrary; and Lessee does hereby accept the leased property
as now being in fit and tenantable condition for all purposes of Lessee.
Lessor reserves the right to inspect the property and to require whatever adjustment to structures or improvements as Lessor, in its
sole discretion, deems necessary. Any adjustments shall be done at Lessee's sole cost and expense.
5. Maintenance. Lessee shall keep and maintain the leased property and any building or other structure, now or hereafter erected
thereon, in good and safe condition and repair at Lessee's own expense during the existence of this Lease, and shall keep the same
free and clear of any and all grass, weeds, brush, and debris of any kind, so as to prevent the same from becoming dangerous,
inflammable, or objectionable. Lessor shall have no duty to inspect or maintain any of the leased property or buildings, and other
structures thereon, during the term of this Lease; however, Lessor shall have the right, upon twenty-four (24) hours notice to Lessee,
to enter the leased property for purposes of inspection, including conducting an environmental assessment. Such assessment may
include: surveying; sampling of building materials, soil, and groundwater; monitoring well installations; soil excavation; groundwater
remediation; emergency asbestos abatement; operation and maintenance inspections; and, any other actions which may be
reasonable and necessary. Lessor's right of entry shall not obligate inspection of the property by Lessor, nor shall it relieve the
Lessee of its duty to maintain the leased property. In the event of emergency due to a release or suspected release of hazardous
waste on the property, Lessor shall have the right of immediate inspection, and the right. but not the obligation, to engage in remedial
action, without notice, the sole cost and expense of which shall be the responsibility of the Lessee.
6. Indemnification. To the extent provided by law, Lessee shall indemnify, defend, and hold harmless the Lessor and all of its
officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or
negligent act by Lessee, its agents, or employees, during the performance of the Lease, except that neither Lessee, its officers,
agents, or employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act,
error, omission, or negligent act by the Lessor or any of its officers, agents, or employees during the performance of the Lease.
When the Lessor receives a notice of claim for damages that may have been caused by the Lessee, the Lessor will immediately
forward the claim to the Lessee. Lessee and the Lessor will evaluate the claim and report their findings to each other within fourteen
(14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Lessor will determine whether
to require the participation of Lessee in the defense of the claim or to require that Lessee defend the Lessor in such claim as
described in this section, The Lessor's failure to promptly notify Lessee of a claim shall not act as a waiver of any right herein to
require the participation in or defense of the claim by Lessee. The Lessor and Lessee will each pay its own expenses for the
evaluation, settlement negotiations, and trial, if any.
7. Insurance. Lessee at its expense, shall maintain at all times during the term of this Lease, public liability insurance protecting
Lessor and Lessee against any and all claims for injury and damage to persons and property, and for the loss of life or property
occurring in, on, or about the property arising out of the act, negligence, omission, nonfeasance, or malfeasance of Lessee, its
employees, agents, contractors, customers, licensees, and invitees. Such insurance shall be carried in a minimum amount of not less
than one 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 ($ 1,000,000.00 )
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 Lessor is given at least sixty (60) days prior written notice of such
cancellation or modification. Lessee shall provide Lessor certificates showing such insurance to be in place and showing Lessor
as additional insured under the policies. If self-insured or under a risk management program, Lessee represents that such minimum
coverage for liability will be provided for the leased property,
575-060-33
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OGC - 08/09
Lessor may require the amount of any public liability insurance to be maintained by Lessee be increased so that the amount thereof
adequately protects Lessor's interest. Lessee further agrees that it shall during the full term of this Lease and at its own expense keep
the leased property and any improvements thereon fully insured against loss or damage by fire and other casualty. Lessee also
agrees that it shall during the full term of this Lease and at its own expense keep the contents and personal property located on the
leased property fully insured against loss or damage by fire or other casualty and does hereby release and waive on behalf of itself
and its insurer, by subrogation or otherwise, all claims against Lessor arising out of any fire or other casualty whether or not such fire
or other casualty shall have resulted in whole or in part from the negligence of the Lessor,
8, Eminent Domain. Lessee acknowledges and agrees that its relationship with Lessor under this Lease is one of landlord and
tenant and no other relationship either expressed or implied shall be deemed to apply to the parties under this Lease. Termination of
this Lease for any cause shall not be deemed a taking under any eminent domain or other law so as to entitle Lessee to compensation
for any interest suffered or lost as a result of termination of this Lease, including any residual interest in the Lease, or any other facts
or circumstances arising out of or in connection with this Lease.
Lessee hereby waives and relinquishes any legal rights and monetary claims which it 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 leased property, or any such rights, claims, or damages flowing from adjacent properties owned or leased by Lessee
as a result of Lessee's loss of occupancy of the leased property. Lessee also hereby waives and relinquishes any legal rights and
monetary claims 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 leased property, when any or all adjacent properties owned or leased by Lessee are taken by eminent domain
proceedings or sold under the threat thereof. This waiver and relinquishment applies whether this Lease is still in existence on the
date of taking or sale; or has been terminated prior thereto.
9. Miscellaneous.
a. This Lease may be terminated by Lessor immediately, without prior notice, upon default by Lessee hereunder,
and may be terminated by either party, without cause upon thirty ( ~) days prior written notice to the other party.
b. In addition to, or in lieu of, the terms and conditions contained herein, the provisions of any Addendum of even date herewith
which is identified to be a part hereof is hereby incorporated herein and made a part hereof by this reference. In the event of any
conflict between the terms and conditions hereof and the provisions of the Addendum(s), the provisions of the Addendum(s) shall
control, unless the provisions thereof are prohibited by law.
c, Lessee acknowledges that it has reviewed this Lease, is familiar with its terms, and has had adequate opportunity
to review this Lease with legal counsel of Lessee's choosing, Lessee has entered into this Lease freely and voluntarily,
This Lease contains the complete understanding of the parties with respect to the subject matter hereof. All prior understandings and
agreements, oral or written, heretofore made between the parties and/or between Lessee and the previous owner of the leased
property and landlord of Lessee are merged in this Lease, which alone, fully and completely expresses the agreement between
Lessee and Lessor with respect to the subject matter hereof. No modification, waiver, or amendment of this Lease or any of its
conditions or provisions shall be binding upon Lessor or Lessee unless in writing and signed by both parties,
d. Lessee shall not sublet the property or any part thereof, nor assign this Lease, without the prior consent in writing of the
Lessor; this Lease is being executed by Lessor upon the credit and reputation of Lessee. Acceptance by Lessor of rental from a third
party shall not be considered as an assignment or sublease, nor shall it be deemed as constituting consent of Lessor to such an
assignment or sublease.
e, Lessee shall be solely responsible for all bills for electricity, lighting, power, gas, water, telephone, and telegraph
services, or any other utility or service used on the property.
f. This Lease shall be governed by the laws of the State of Florida, and any applicable laws of the United States
of America.
g, All notices to Lessor shall be sent to the address for rent payments and all notices to Lessee shall be sent to:
City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33106, Attention: Mr. Rick Conner, City Manager
575-060-33
RIGHT OF WAY
OGc-06!08
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed,the day and year first above
written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
CITY OF SUNNY ISLES BEACH By:
L ee(Company Name,if applicable) -
By: ; �/ �' Gus Pego, P.E.
Print Name
Norman S. Edelcup
Print Name Attest ,J /•
t.
e. : Mayors ; , Name/Title: .TM-pc -71(616,cat
Title: l/
Attest
-a (SEAL) LEGAL REVIEW
W:
006 tLA) enItleUa- GULL CI ra_( —.IMO
Print Name District Counsel
Title: AsistSt'Arts ttri 444- Alicia Trujillo, Esq.
Print Name
APPR! 1 ,; : I FORM
'OA
Ws I le CI'T'Y ATTORNEY
EXHIBIT "A"
LEGAL DESCRIPTION LEASE PARKING LOTS # 1 & 2
CITY OF SUNNY ISLES BEACH,
MIAMI-DADE COUNTY, FLORIDA
That portion of State Road No, 856 Right-of-Way as shown on State of Florida Department of Transportation Right-of-Way Map for
Section 87013-2509 lying in Section 2, Township 52 South, Range 42 East, Miami-Dade County, Florida, being more particularly described
as follows:
BEGINNING at the Southwest comer of GALAHAD-DADE plat, according to the Plat thereof, as recorded in Plat Book 92, Page 16, of
the Public Records of Miami-Dade County, Florida said point being located on the Northerly Right of Way line of State Road No. 856, as
shown on said State of Florida Department of Transportation Right-of-Way Map for Section 87013-2509, sheets 7 & 8 of 11 sheets and on
Construction Plans of Proposed State Road No. 856, Section 87013-3511, Sheet 16, said point also being located on the arc of a curve
concave to the North and whose radius point bears North 10031'52" East;
THENCE Easterly on said Northerly Right of Way line of State Road No. 856 and on the arc of said curve having a radius of 1,829.86 feet,
through a central angle of 12031'41 ", an arc distance of 400.11 feet;
THENCE North 88000'01" East on said Northerly Right of Way line of State Road No. 856, a distance of 695.84 feet to the intersection
with the Northerly projection of the West face of the bridge abutment for Ramp 'A', as shown on said State of Florida Department of
Transportation Construction Plan Section 87013-3511;
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THENCE South 02040'03" East on said projection and on said West face, a distance of 50,25 feet to the intersection with the South face of
a retaining wall and the back of a continuous concrete curb and gutter for Ramp A, as shown on said State of Florida Department of
Transportation Construction Plans Section 87013-3511.
THENCE on said South face of a retaining wall and the back of a continuous concrete curb and gutter for Ramp A the following five (5)
courses and distances:
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1. North 87016'41" East, a distance of300.35 feet;
2. North 79022'00" East, a distance of 39.93 feet to a point on the arc of a non-tangent curve concave to the North, whose radius point
bears North 02040'03" West;
3. Easterly on the arc of said curve having a radius of 143,00 feet, through a central angle of 28032'19", an arc distance of 71.23 feet to a
point on the arc of a non-tangent curve concave to the Northwest, whose radius point bears North 30020'43" West;
4. Northeasterly on the arc of said curve having a radius of 174.00 feet, through a central angle of 16012'54", an arc distance of 49.24 feet
to a point of reverse curve with a curve concave to the Southwest;
5. Southeasterly on the arc of said curve having a radius of 0.50 feet, through a central angle of 141043'42", an arc distance of 1.24 feet to
the intersection with the Westerly back of curb of the South bound lane of State Road A-lA, as shown on said State of Florida
Department of Transportation Construction Plans Section 87013-3511.
THENCE South 05010'05" West on said Westerly back of curb of State Road A-1A a distance of 170.83 feet to the beginning of a tangent
curve concave to the Northwest, said curb also being on the North back of curb of a continuous concrete curb and gutter for Ramp C, as
shown on said State of Florida Department of Transportation Construction Plan Section 87013-3511.
THENCE on said back of a continuous concrete curb and gutter and Northerly face of a retaining wall along Ramp C the following four (4)
courses and distances:
~ CaIlWm, ~,~, IlrL
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/; 1800 EJler Drive. Sulle 600
~. Forl Lauderdale. Florida 33316
,f Phone: 964.921.7781 Fax 954.921.8807
., CerLlrlcale or AulhorIozallon No. LB 6791
Florida Department of Transportation. District VI
Item/Seg No. : N/A
See/Job No.: 87013-2509
FAP No.: N/A
State Road No. : (852) 856
County: Miami-Dade
Parcel No.: Parking Under SR 856 Sheet 1_of_6
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EXHIBIT "A"
LEGAL DESCRIPTION LEASE PARKING LOTS # 1 & 2
CITY OF SUNNY ISLES BEACH,
MIAMI-DADE COUNTY, FLORIDA
1. Southwesterly on the arc of said curve having a radius of 0.50 feet, through a central angle of 78001'36", an arc distance of 0,68 feet to
a point of compound curve with a curve concave to the North;
2. Westerly on the arc of said curve having a radius of 566.96 feet, through a central angle of 17015'54", an arc distance of 170.84 feet;
3. North 79032'25" West, a distance of 178.00 feet to a point on a curve concave to the South;
4. Westerly on the arc of said curve having a radius of 392,00 feet, through a central angle of 12015'29", an arc distance of 83.87 feet to a
point on the North face of the Bridge abutment of Ramp 'D', as shown on said State of Florida Department of Transportation
Construction Plan Section 87013-3511.
THENCE South 0 I 047'55" East, on said Northerly face of the Bridge abutment of Ramp 'D' a distance of 77.82 feet to the intersection with
the Southerly Limited Access Right of Way line the of State Road No. 856, as shown on said State of Florida Department of Transportation
Right-of-Way Map for Section 87013-2509.
THENCE South 86054'07" West on said Southerly Limited Access Right of Way line the of State Road No. 856 a distance of 880.19 feet to
the intersection with Easterly line of a Sewage Lift Station area as defined by the back of curb of the Parking areas as shown on plans
prepared by Greiner Inc. for Dade County Public Works Department and dated May 28, 1991, of the parking Area under State Road No.
856;
THENCE on said back of curb of the Parking areas the following five (5) courses and distances:
1. North 07014'59" East, a distance of 51.93 feet to the beginning of a tangent curve concave to the Southwest;
2, Northwesterly on the arc of said curve having a radius of 5.00 feet, through a central angle of 90000'00", an arc distance of 7.85 feet;
3. North 82045'0 I " West, a distance of73.09 feet to the beginning of a tangent curve concave to the Southeast;
4. Southwesterly on the arc of said curve having a radius of 5.00 feet, through a central angle of 90000'00", an arc distance of7.85 feet;
5. South 07014'59" West, a distance of 37.80 feet to the intersection with said Southerly Limited Access Right of Way line the of State
Road No. 856;
THENCE on said Southerly Limited Access Right of Way line of State Road No. 856 the following two (2) courses and distances:
1. North 67030'28" West, a distance of5.41 feet;
2, North 78020'19" West, a distance of 174.76 feet to the intersection with the Easterly Right of Way of Florida East Costal Canal
(Intracoastal Waterway), according to the Plat thereof, as recorded in Plat Book 37, Page 3, of the Public Records of Miami-Dade
County, Florida;
THENCE North 11039'35" East said Easterly Right of Way of Florida East Costal Canal, a distance of 176.96 feet to the POINT OF
BEGINNING;
Said lands lying in the City of Sunny Isles, Miami-Dade County, Florida, and containing 251,051 square feet ( 5.763 acres), more or less,
Florida Department of Transportation, District VI
Item/Seg No. : N/A
See/Job No.: 87013-2509
FAP No.: N/A
State Road No. : (852) 856
County: Miami-Dade
Parcel No. : Parking Under SR 856 Sheet .2_of_g
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.'; 1800 Eller Drive. SuILe 600
~. Forl Lauderdale. Florida 33316
f Phone: 964.921.7761 Fax 964.921.8807
~ Cerl1fIcale or Aulhorh:allon No. LB 6791
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EXHIBIT "A"
LEGAL DESCRIPTION LEASE PARKING LOTS # 1 & 2
CITY OF SUNNY ISLES BEACH,
MIAMI-DADE COUNTY, FLORIDA
SURVEYOR'S NOTES:
1. Not valid without the signature and original embossed seal of a Florida licensed Professional Surveyor and Mapper.
2. Lands described hereon were not abstracted, by the surveyor, for ownership, easements, rights-of-way or other
instruments that may appear in the Public Records of Miami-Dade County.
3. The description contained herein and the attached sketch, do not represent a field Boundary Survey.
s shown hereon are
ent of Transportatio
tive to the Baseline of Ramp A, State Road 856, as shown on the State of Florida
t of Way Map Section Number 87013-2509, having a bearing of North 87019'57" East.
e: It e-g,A
LEGEND:
C,A. = CENTRAL ANGLE (DELTA)
FOOT = FLORIDA DEPARTMENT OF TRANSPORTATION
L = ARC LENGTH
LB = LICENSED BUSINESS
1/-/ //1 = ACCESS RIGHT OF WAY LINE
MDCR = MIAMI-DADE COUNTY RECORDS
PB = PLA T BOOK
PG = PAGE
POB = POINT OF BEGINNING
R RADIUS
R/W = RIGHT-OF-WAY
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.!' 1800 Eller DrIve. Sulle 800
.~ Forl Lauderdale. Florida 33316
.i:f Phone: 954.921.7781 Fax 954.921.8807
"Cerllrlcale or AulhorlzalJon No. 1.8 6791
Florida Department of Transportation. District VI
Item/Seg No.: N/A
See/Job No.: 87013-2509
FAP No.: N/A
State Road No.: (852) 856
County: Miami-Dade
Parcel No.: Parking Under SR 856 Sheet J_of_2.
EXHIBIT "A"
LEGAL DESCRIPTION LEASE PARKING LOTS # 1 & 2
CITY OF SUNNY ISLES BEACH,
MIAMI-DADE COUNTY, FLORIDA
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o Deportrnen ATE ROAD-------'::' _
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-90'00'0 IOn 87013
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N. Forl Lauderdale. Florida 33316
;; Phone: 954.921.7781 Fax 954.921.8807
" Cerllrlcale or AulhorlzaUon No. lB 6791
Florida Department of Transportation, District VI
Item/Seg No. : N/A
See/Job No.: 87013-2509
FAP No.: N/A
State Road No. : (852) 856
County: Miami-Dade
Parcel No.: Parking Under SR 856 Sheet J_of_2..
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EXHIBIT "A"
LEGAL DESCRIPTION LEASE PARKING LOTS # 1 & 2
CITY OF SUNNY ISLES BEACH,
MIAMI-DADE COUNTY, FLORIDA
GRAPHIC SCALE
0 30 60 120
I I I I
( IN FEET )
inch = 60 fl.
N87"9'S7"E (BASIS OF' BEARINGS)
(j -
BASELINE RAMP 'A' STATE ROAD (852) 856
---LQ,O.T"jU,W MAP SECnON No. 87013-2509_
GALAHAD-DADE
R=1829.86' (P.B. 92 PG, 16, M.D,C.R.)
CA=12'31'41" L=400.1" (TOTAL)
N88'OO'01"E 695.84' (TOTAL)
NORTHERLY RIGH-OF-WAY LINE STATE ROAD No, 856
BEGIN BASELINE RAMP 'B'
STA g 278+5697
STATE ROAD (852) 856
r.O.O.T. R/W MAP SECTION No. 87013-2509
SOUTHERLY LIMITED ACCESS RIGH-OF-WAY LINE STATE ROAD No. 856
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~. Fort Lauderdale, Florida 33318
.~. Phone: 954.921.7781 Fax 954.921.8807
" CerlIrlcate or Authorization No. LB 8791
Florida Department of Transportation, District VI
Itern/Seg No.: N/A
See/Job No. : 87013-2509
FAP No. : N/A
State Road No.: (852)856
County: Miami-Dade
Parcel No. : Parking Under SR 856 Sheet j_of_2.
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EXHIBIT "A"
LEGAL DESCRIPTION LEASE PARKING LOTS # 1 & 2
CITY OF SUNNY ISLES BEACH,
MIAMI-DADE COUNTY, FLORIDA
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( IN FEET )
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GALAHAD-DADE (P.B. 92 PG. 16. M,D.C,R.)
N88'00'01"E 695.84' (TOTAL)
SOUTH FACE OF RETAINING WALL & BACK OF CURB
OF STATE ROAD No. 856, ENTRANCE RAMP 'A'
502040'03"E
50.25'
NORTHERLY LIMITED ACCESS
RIGH-OF-WAY LINE STATE ROAD No, 856
N8719'57"E
RAIIP 'A' - STATE ROAD No. 856
r.D.O.T. R/W \lop SEcn~ 87~S09
_ F~R/WlAA
WEST FACE OF BRIDGE
A UTMENT FOR RAMP 'A'
N8716'41"E 300.35' (TOTAL)
Florido
NORTHERLY FACE OF RETAINING
WALL & BACK OF CURB OF
STATE ROAD No. 856 RAMP 'c'
BACK of CURB OF
STATE ROAD No. 856
ENTRANCE RAMP 'A'
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RIGH-OF-WAY LINE
STA TE ROAD No, 856
WEST FACE OF BRIDGE
ABUTMENT FOR RAMP 'D'
T55"E 77.82'
880.19' (TOTAL)
R=392.00'
CA=12'15'29" L=83.87'
586'54'07"W
BASELINE RAMP 'C'- STATE ROAO 856
F.O.O.T. R/W lAAP SECTION No. 87013-2509
GOLDEN SHORES OCEAN BOULEVARD ESTATES SECTION "C'
(P.B. 51, PG. 93, IA.D.C.R.)
GALAHAD-DADE
(P.B. 92 PG. 16, M,D,C,R.)
R=143.00' CA=28032'19" L=71.23"
BASELINE RAMP 'A'-STATE ROAO (852) 856
F.O.O. T. R/W MAP SECTION No. 87013-2509
W N8719'57"E (BASIS OF BEARINGS) ~
::> RAIAP 'A' - STATE ROAD No. 856 N79'22 00 E
o F.D.O.T, R/W lAop SECTION No. 87013-2509 39.93'
~ - N87"16'4f'"""E 300.35 TOTAL -
~ SOUTH FACE OF RETAINING WALL & BACK OF CURB
Vl OF STATE ROAD No. 856 ENTRANCE RAMP 'A'
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Z Florido Deportment of Tronsportotion
::. Right-of-Woy Mop SECTION No, 87013-2509
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F.D.O.T. R/W MAP SECTION No. 87013-2509
, CA=l 7"1 5'54" L -170.84'
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,~, 1800 Eller Drive. Suite 600
l Forl Lauderdale. Florida 33316
,~' Phone: 954.921.7781 Fax 954.921.8807
,: CerlIrlcale of AulhorIzallon No. LB 6791
Florida Department of Transportation, District VI
Item/Seg No. : N/A
See/Job No.: 87013-2509
FAP No.: N/A
State Road No. : (852) 856
County: Miami-Dade
Parcel No.: Parking Under SR 856 Sheet 6_of_6
ADDENDUM TO LEASE AGREEMENT
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
Item/Segment No. :
Managing District:
State Road
County
Parcel Nos.
2488311
Six
A1A & 856
Miami-Dade
653 & 654
THIS IS AN ADDENDUM to that certain Lease Agreement (the "Agreement")
between THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (Lessor)
and THE CITY OF SUNNY ISLES BEACH, a Florida municipal corporation (Lessee),
and hereinafter collectively known as the "Parties", dated the day of
2011. 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 (b) of said Agreement, and is incorporated therein.
1. Paragraph 2. USE:
Use of the parcel shall be for the following:
. Public parking for fee for motor vehicles;
. Public Works mobile office and storage facility;
. Basketball court for public use.
2. Paragraph 3 RENT is hereby modified as follows: nJ 0.. ~~~ o..l'V\..OV-,,4-e}
Notwithstanding the provisions of Paragraph 3, the arties ree that the Lessee shall
pay Lessor, as rent, forty (40%) percent of s reve es collected from the use of iJLo.
the property for public parking which consists of parking spaces. The Parties ,t"{O
further agree the Lessee shall bear all expenses and operational costs from the aha1 ,4-s
(60%) share of ~ 9 revenues.
Rent payments shall be made quarterly on or before the 1 st day of the third month
following the preceding three months in which such revenues were received. Each
quarterly payment shall be accompanied by a Lessee's signed statement which shall
state the total amount of revenues for the period covered and the computation of the
rental payment due Lessor. In addition, the Lessee shall provide the Lessor with an
annual statement of the proceeds for each 12-month period of the term, within 30 days ,aLC\-
from the end of the prior 12-month period; such annual statement to be signed by the ~
Lessee and certified by ~jfied P"bli~eeuAtant. The Lessee shall make all rental
payments and submit all r venue reports required by this arrangement to the address in
Paragraph 3 of the Lease greement. ~ .. '~\ D N"' ~ +-or
:-r l-L. ~ T~ j 't-'\ ^N'\..c.e- I ~ v
The Lessee shall maintain a set of books, accounts and records covering the operations
that are subject to this Agreement, said books, accounts and records to be of the same
types as those customarily used in these types of operations in accordance with
accepted accounting practices and standards for such period of time as is proVided
Page 1 of4
ADDENDUM TO LEASE AGREEMENT
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
Item/Segment No.: 2488311
Managing District: Six
Vfr{\ 1 _ State Road : A1A & 856
J~Q;o(\C,b ~ County Miami-Dade
"'+. c..r:: Parcel Nos. : 653 & 654
4-0 ~ ~ ~-e...-
herein. Lessor shall be permitted to examine and audit, during ordinary business hours, ~
by or through its officers, employees or representatives of the Lessor, such records and
books of account, provided that the Lessee shall not be required to maintain such
records and books of account pertaining to operations within the property occurring
during any annual period for more than three (3) years after the end of each annual
period.
3. Paragraph 4 IMPROVEMENTS, is hereby modified to include the following:
Notwithstanding the provisions of Paragraph 4, the following shall apply:
Lessee requested and received approval from the Lessor for the installation of a mobile
unit to serve as the City's Public Works building and to construct a public basketball
court in accordance with the design plan attached hereto as Exhibit B and with the
following conditions:
a) Pier foundations must be located prior to any digging or excavation in the
vicinity of the piers.
b) No drilling shall be allowed on the pier foundations, columns or any other
member of the structure.
c) Improvements shall not interfere with existing drainage and utilities in the right
of way.
...:itN
Any changes or addi!!ons to the improvements, as described in Exhibit B, will require
additional prior approval in writing by the District Six Secretary. Lessor reserves the
right of access to the leased property to inspect, maintain and make any repairs to any
part of State Road 856 and its structures located within the leased parcel as necessary.,
it being understood and agreed, however, that Lessee shall remain liable and
responsible for any and all damages caused by or resulting from Lessee's use of the
leased property. All improvements and any refuse, contamination or other diminution of
the property, occurring during the Lessee's use of the leased area shall be removed or
rectified by Lessee as requested by Lessor.
4. Paragraph 5 MAINTENANCE, is hereby modified as follows:
Notwithstanding the provisions of Paragraph 5, the Lessor shall have the right to enter
the leased property at any time for the purposes of inspection without prior notice. The
Lessor agrees to give the Lessee one week notice prior to routine repairs or
maintenance of the bridge structures within the leased property. In the event repairs
entail removal or temporary relocation of any of the Lessee's improvements to avoid
Page 2 of4
ADDENDUM TO LEASE AGREEMENT
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
Item/Segment No. :
Managing District:
State Road
County
Parcel Nos.
2488311
Six
A1A & 856
Miami-Dade
653 & 654
damaging said improvements, the Lessee shall remove or relocate said improvement(s)
at its own cost and expense and in a timely manner as to not delay the Lessor's
scheduled repair work. In the event of an emergency repair that requires the Lessor to
remove and/or relocate any of the Lessee's improvements, the Lessee hereby agrees
not to hold the Lessor, its officers, employees, agents and/or representatives
responsible for the cost and expense of any reconstruction or repairs necessary to the
Lessee's improvements after the emergency repairs have been made.
5. Paragraph 6 INDEMNIFICATION is hereby modified to include the following:
To the extent provided by law, Lessee shall indemnify, defend, and hold harmless the
Lessor and all of its officers, agents and employees from any claim, loss, damage cost,
charge, or expense arising out of any act, error, omission, or negligent act by Lessee,
its agents, employees, or the general public during the performance of the Lease or
from any damage or liability that may arise from Lessee's, its agents', employees', or
the general public's use of the Lease Parcel, including but not limited to, any damage
or liability to the Property in conjunction with or resulting from Lessee's, its agents',
employees', or the general public's use of the Lease Parcel.
6. Paragraph 9 MISCELLANEOUS, Section d., first sentence, is hereby modified
as follows:
Lessee shall not sublet the property or any part thereof, nor assign this Lease; this
Lease is being executed by Lessor upon the credit and reputation of Lessee.
All other terms and conditions of the Lease Agreement remain unchanged and are
hereby confirmed and ratified by the Lessee and Lessor. In the event of any conflict
between the Agreement and this Addendum, the provisions of this Addendum shall
prevail.
IN WITNESS WHEREOF, the parties hereto have executed this Addendum to the
Lease Agreement as of this day of , 2011.
1-
(\ 64- ,e,v~l'\ve- ~ de--~\'/"\..e.--~ (>\..3 ~ro~5
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ADDENDUM TO LEASE AGREEMENT
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
Item/Segment No. : 2488311
Managing District : Six
State Road : A1A & 856
County : Miami-Dade
Parcel Nos. : 653 & 654
IN WITNESS WHEREOF, the Rates he to have executed this Addendum to the
Lease Agreement as of this ($ day of w , 2011.
STATE OF FLORIDA
CITY OF SUNNY ISLES BEACH DEPARTMENT OF TRANSPORTATION
(Lejsee) (Lessor)
By( A-Pii 0/ By:
Dis#�ric: Secretary
cretary
Name: Norman S. Edelcup Name: Gus Pego, P.E
' Title: .‘Ma _ �
Attest: 'M. i
Attest: • W it��
s �
_��::... Name/Title:/ r ; / ' 4 xec. Secretary
Name: 16v'0(6(3 6t1-4f4CA-1� Legal Review
Title: AL1n r Ca C4-€47-14=
District Chief Count'
Name: Alicia Trujillo, Esq.
41:D .).T§ tRM
AlarAll■ A
z� S 4'--I OT • •
Page 4 of 4
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ACORD. CERTIFICA TE OF LIABILITY INSURANCE DATE tMM'DDlYYYYI
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF" FORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Sample Form HOLDER, THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC.
INSURED -- ----
INSURER A:
INSURER 8:
Name INSURER c:
and ADDRESS INSURER 0:
- INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE F'OR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR COl/OITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 'MilCH THIS CERTifiCATE MAY BE ISSUED OR
MAY PERTAIN, THE INSIlRANCE AF'F'ORDEO 8Y THE POLICIES OESCRI8EO HEREIN IS SUBJECT TO All THE TERMS, exClUSIOI4S AND CONDITIONS Of SUCH
POliCIES. AGGREGATE LIMITS SHOWN MAY HAIlE 8EEN REDUCED BY PAlO CLAIMS.
LTRINSR TYPE OF INSURANCE POLICY NUM8ER 'D~Lt~l':~.fcftWIE r DATE IMM'ODIYYT LIMITS
GENERAllIA81l1TY I EACH OCCURRENCE ;11 $1 000 ,000'
~
A X COMMERCIAL GENERAlllABllI'J NEED GENERAL PREMiSes IEo oJ'encel s
:: tl CLAIMS MADE [!] OCCU \ MEO EXt>.A'"ono porson) $
LIABILITY: Each Occur. ~~~&~DVI~ $1 ,OQO. 000
- $1,000,000.00.
~ GENE~E S 2 000 000
- ,
GEN'l AGGREGATE LIMIT APp~t PER: Personal & Adv. Injury S . COMPIOP AGG $
II ,nPRO. .-.
POLICY JECT LDC
AUTOMOIllLE LIABILITY $1,000,000.00 and COMBINED SINGLE liMIT
- (EI accidlnl) S
ANY' AUTO
.- General Aggregate
ALL OWNED AUTOS 800lL Y INJURY
- $2,000,000.00 (Po, person) S
SCHEDULED AUTOS
-
HIRED AUTOS 800lL Y INJURY .
- (PI' occidlnl) S
lION. OWNED AUTOS
-
PROPERTY DAMAGE S
IP" accidl"')
GARAGE LIABILI.TY AUTO ONLY - EA ACCIDENT $
R Af4Y AUTO OTHER THAN EAACC S
AUTO ONLY; AGG S
EACH OCCURRENCE. S
CERTIFICATE HOLDER NEEDS TO READ AGGREGATE $
AS FOLLOWS: I NEEDED INFORMATION: ~
Florida Department of Transportation Parcel 653 & "-
654, FM 2488311 and include FDOT as ~
Right of Way Administration -
1000 NW l11th Avenue. Room 6105-B, additional insured. -
Miami, FL 33172. - ~ ilf.L. DISeASE. POllCV UMIT I s
--;;7
./
"~.,,,.. """""'''''' '7 ""'''''' "~w..,,",..,, ..-.."" '" L PROVISIONS
CERTIFICA TE HOLDER 7~ CANCELLA TlON
FLORIDA DEPAR~ENT OF TRANSPORTATION SHOUlDAIfY OF THE A80VE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAno~
DATE THEREOF. THE ISSUING INSURER WILL DlDEAVOR TO MAIL DAYS WRITTEN
RIGHT OF WAY ADMINISTRATION -
NOTICE TO TilE CERTIFICATE HOLDER NAMED TO THE lEFT, BUT FAILURE TO 00 so SHALL
1000 NW 111 th Avenue, Room 6105-8 IMPOSE NO 08L1GATION OR LIABILITY OF ANY KINO UPON THE INSURER. ITS AGENTS OR
Miami, FL 33172. REPRESENTATIVES.
AUTHO.8Il!'lI'IFPIJ.ElENTATIVE
ACORD 25 (2001/08)
@ ACORD CORPORATION 1988
City of Sunny Isles Beach
18070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3 II 3 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Lewis Thaler, Vice Mayor
Isaac Aelion, Commissioner
Jeanette Gatto, Commissioner
George "Bud" Scholl, Commissioner
Jorge Vera, Acting City Manager
Hans Ottinot, City Attorney
Jane A. Hines, CMC, City Clerk
MEMORANDUM
TO: The Honorable City Commission
FROM: Jorge Vera, Acting City Manager
Hans Ottinot, City Attorney
DATE: March 9,2011
RE: Lease Agreement/Parking Areas under the Lehman Causeway
Recommendation:
This Resolution is presented for your consideration.
Reasons:
The City is required to enter into a lease agreement with Florida Department of Transportation
("FDOT") for the parking areas under the Lehman Causeway. The City is not required to pay
lease payment to FDOT; however, FDOT has requested a 60/40 split of parking revenues.
Specifically, FDOT is requesting 40% of gross revenues from the City. The City has rejected this
request in the past and will negotiate with FDOT about revenue sharing.
In addition to parking, the City will be able to use the parking area for a basketball court. Please
note that the lease term is for ten (10) years with the right to renew the lease after expiration.
\
Agenda Item 3 t::
Date ~- 5? ' Ii