HomeMy WebLinkAboutSEOPW-CRA-R-99-0008RESOLUTION NO. SEOPW/CRA R-99-8
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE COMMUNITY REDEVELOPMENT AGENCY
("CRA") RATIFYING THE AIR SPACE AGREEMENT, A
COPY OF WHICH IS ATTACHED HERETO AS
EXHIBIT "A" BETWEEN THE CRA AND THE FLORIDA
DEPARTMENT OF TRANSPORTATION PROVIDING
FOR A 20-YEAR LEASE OF THE AIRSPACE AT I-95
AND I-395 FOR THE PURPOSE OF DISPLAYING AN
EXHIBITION OF ART AND OBJECTS OF ART HAVING
AFRICAN AMERICAN AND CARIBBEAN THEMES AS
AUTHORIZED BY SEOPW/CRA M-98-40.3 (THE
"AGREEMENT").
WHEREAS, the City of Miami approved and adopted the Southeast
Overtown/Park West Community Redevelopment Plan pursuant to
Resolution Nos. 82-755 and 85-1247 (the "Redevelopment Plan"); and
WHEREAS, the CRA is responsible for carrying out community
redevelopment activities and projects in the Southeast Overtown/Park West
Redevelopment Area (the "Redevelopment Area") established pursuant to the
Redevelopment Plan; and
WHEREAS, the CRA desires to ratify the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to
this Resolution The Board of Directors of CRA hereby authorizes the CRA to
proceed with changes in the boundaries of the Redevelopment Area. are
incorporated herein as if fully set forth in this Section.
Section 2. The Board of Directors of CRA hereby ratifies the
Agreement.
Section 3. The resolution shall be effective upon its adoption.
PASSED AND.ADQPTED on this 8th day of March, 1999.
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APPROVED AS TO FORM
AND CORRECTNESS:
Holland & Knight LLP
CRA Legal Counsel
MIA1 #995266 v1
Arthur E. Teele, Jr., Chairman
�, I�'JOPWJ CRA► 9 — 8
2
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AIRSPACE AGREEMENT Rioxr o M
State Project No. 87200-2401; 87200-2426-30
W.P.I.-NO. 6141793 6141735
F.A.P. No. 0 - 51-067-T; 042-3951•
State Road No. 1-95 I-395
parcel No. 6000
County Miami -Dade
UMS-AGP,V,E Ml.ENT made and entered into this - IS day of ---- 192-r4, by and between_
of - The Community Redevelopment Agency, an agency of the City of Miami, Miami, Florid;
(hereinafter called Lessee) and the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, a component
agency of the State of Florida (hereinafter called Department or Lessor).
WITNESSETH:
VVHEI2,EAS, under Section 337.25(S) of the Florida Statutes, Department may convey a leasehold in the name of the
State, to any land, buildings or other property, real or personal; and
WHEREAS, the United States Department of Transportation, Federal Highway Administration (hereinafter called
FHWA), requires any use of airspace above, at or below the highways' established grad;. line, lying within the approved
right-of-way limits on a Federal Aid System, to be accomplished pursuant to an airspace agreement providing for
adherence to all policy requirements in the applicable directive, (23 CFR 713 Stebpart B), where such are appropriate to the
intended use; and
WFfEREAS, the Department has acquired sufficient legal right, title and interest in the right of way of Interstate
i hu s 95 and 739_swhich includes the propertydescribed irx xhibit "A" attached hereto and by reference made a
part hereof, which right of way is part of a highway on a Federal Aid System; and
WHEREAS, the Department desires to lease the airspace above the property described in Exhibit "A" to Us= for
the following purpose: The display and exhibition of art and objects of art having, an African,
African -American and Caribbean theme, and
and
WHEREAS, the proposed use will not impair the full use and safety of the highway; or require or permit vehicular
access to such space directly from he established grade line of said highway; or intcrfcre with the free flow of traffic on
said highway; and will not result in violation of Part 626 of the Regulations of the Administrator, Federal Aviation Agency,
as amended;
NOW, THEREFORE, in consideration of the premises, and the covenants, promises, understandings and agreements
made by each party to the other as set forth herein, the Department and -the Lessee do hereby mutually agree as follows:
1. •ti�[yt�s
The premises hereto are true and correct and form an integral part of this Agreement.
2. pro a an erm
The Department does hereby lease unto Lessee the airspace above the lands described in Exhibit "A", attaclied hrreto
and made a part hereof, for a period of twenty years beginning with the date of this Agreement. One
renewal of this Agreement may be made for twenty years However, except for a public
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RIORT OF WAY• M74
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purpose conveyance, such renewal may not exceed five years. Nothing herein shall be construed to in any way grant an
interest in the land itself lying below said airspace,
3. EW
a. Lessee shall pay to the Deparnnent as rent each year in advance a Dot ar plus applicable
sales tax. When this Agreement is terminated, the unearned portion of any rent and sales tax payment shall be refunded
to Lessee. However, no such refund shall be made where termination is due to Lessee's violation of a term or condition
of this Agreement.
b. The Department reserves the right to review and adjust the rental fee biannually and at renewal to reflect market
conditions.
c. All rental payments are to be made by check or money order payable to the State of Florida Department of
R,a rtation nd delivered on or -before the due date to: Rig t of Way Administration, Property
ann ement section. 1000N.W. lllth Avenue, iami, orida M72
d. Lessee shall be responsible for all state, county; city and local taxes that may be assessed, including real property
taxes and special assessments. In the event that no rent is specified herein, then it has been determined that either the
ess
use by Lessee is a nonproprietary use by a governmental agency or an exception from the current fair market rental
value requirement (23 U.S.C. Section 156) has been obtained for social, environmental and economic mitigation (SEE)
purposes. In the event that it should be determined at any time that the use is not a rv,tproprietary use by a
governmental agency or that the SEE exception does not apply or has been revolved, lessee agrees to pay, at that time,
the rent that should have been paid under the fair market rental value requirejnent•as determined by an independent
appraiser certified by the Department, and Lessee further agrees to pay such rent, under the terms and conditions of
this Paragraph 3, for the remaining term (including renewals) of this Agreement.
e. Any installment of rent not received within ten (10) days after the due date shall bear interest at the highest rate
allowed by law from the due date thereof. This provision shall not obligate Lessor to accept late rent payments or
provide Lessee a' grace period.
4. Use. Occupancy -and Maintenance
a. The Lessee shall be responsible for developing and operating the airspace asset forth herein.
b. The Lessee's proposed use of the space is as follows: The display and exhibition of art and
objects of art having an Afridan, African -American and Caribbean theme.
e. The general design for the use of the space, including any facilities to be constructed, and the maps, plans, and
sketches setting out the pertinent features of the use of the space In relation to the highway facility are set forth in
composite Exhibit "B" attached hereto and by this reference made a part hereof. In addition, said composite Exhibit
" B" also contains a three-dimensional description of the space to be used, unless the use is of a surface area beneath an
elevated highway structure or adjacent to a highway roadway for recreation, public park, beautification, parking of
motor vehicles, public mass transit facilities, or other similar uses, in which case, a metes and bounds description of the
surface area, together with appropriate plans or cross settions clearly defining the vertical use limits, may be
substituted for said three-dimensional description in said composite Exhibit "B".
d. Any change in the authorized use of the airspace or revision in the design or construr.tion of the faculty described in
Exhibit "B" shall require prior written approval from the District Secretary or the Department, subject also to
ooncurrenee by the FHWA. to _
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e. The Department, through its duly authorized representatives, employees and contractors, and any authorized
FHWA representative, may enter the airspace.faollity at any time for the purpose of inspection, snalntenanoe, or
reconstruction of the highway and adjacent facilities, when necessary; or for the purpose of surveying, drilling,
monitoring well installation, sampling, remedladon, and any other action which is reasonable and necessary to conduct
an environmental ass=ment or to abate an environmental hazard.
f. Lessee, at lessee's sole cost and :expense, shall maintain the facility to occupy the alrspacc so as to assure that the
Metaes and the area within tie highway right-of-way boundaries will be. kept in good condition, both as to safety and
appearance. Such maintenance will be accomplished Ina manner so as'to cause no unreasonable interference with the
highway use. In the event that Lime fails to so maintain the facility, the bepartment, through its duly authorized
representatives, employees and contractors, may enter the facility to perform such work, and the cost thereof shall be
chargeable to the Lessee and shall be immediately due and payable to the Department upon the performance of such
work.
g. Portable -or temporary advertising signs are probibited. _
h. The occupancy and use of the space shall not be of such as will permit unreasonably objectionable smoke, fumes,
vapor or odors to rise above the grade line of the highway.
1. Where, for the proposed use of the space, the highway requires additional highway facilities for the proper
operation and maintenance of the highway, such facilities shall bo provided by the Lessee without cost to either the
Department or the FHWA and subject to both Department and FHWA approval.
j. The proposed use shall not cause or allow any changes in the existing drainam.— on the land under the airspace.
k. Lessee shall not occupy or use or permit or suffer the demised premises or any part thereof to be occupied or used
for any illegal business use or purpose, nor for any business, use or purpose deemed to be hazardous or involving any
substance which under State law, Federal law, or common usage, constitutes a hazardous sibstance or waste; nor in
such manner as to constitute a nuisance of any Idnd, nor for any purpose or in any way in violation of any present or
future laws,.orders, directions, ordinances or regulations of the UnIt;d Stags of America, the State of Florida, any
county or other lawful authority.
1. Existing utilities and all corresponding easements shall remain in place and Lpmee shall not disturb the same.
5. InRrance and Indemnification
a. Lessee and its contractors constructing the facility shall at all times during the term of this Agreement (unless a
shorter time is specified) maintain such insurance coverage in such amounts as are specified in the Addendum, if any,
attached hereto and by this reference made a part hereof. Upon execution of this Agreement by both parties (or upon
execution of the construction contract with respect to Lessee's contractors), Lessee shall provide to the Department
certificates of insurance showing such coverage to be in effect and showing the Department to be an additional named
insured under such policies. Such policies shall provide that the insurance is not cancelable except upon thirty (30) days
prior written notice to the Department, and the coverage thereunder shall apply on a primary basis to any other
Insurance maintained by the Department, its officers, servants, agents and employees. Except with respect to the total
limits of liability, the insurance coverage provided shall apply to each insured in the same manner as if separate policies
had been issued to each.
b. Lessee shall be solely responsible for the payment of any damages occurring to the highway or any related faclldes
or structures or to the public for personal injury, loss of life, and property damage which arise out of or relate to the
construction, maintenance, or use of the airspace or of the facility existing or to be constructed.
c. The Lessee understands and agrees that the rights and privileges herein set out are granted only to the extent of the
state's right, title, and interest in the land to be used by the Lessee. The Lessee will at all times assume all risk and
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FORM 37-' O 4.r_
WORT OF WAY-M-r&
Fap4eti
indemnify, defend, acid save harmless the Stato of Florida and the Department from and agalrist all loss, damage, cost,
or expe=, including but not limited to attorneys fees, arising in any manner on account of the exercise or attempted
exercise by said Lessee of the aforesaid rights and privileges Including, but not limited to, the construction, operation,
and maintenance of the facility or the Lessee's default under this Agreement, lepardless of the gpr�ottiorLmenrof
At; EF4 TO IND-EMMEy T1;E DppA'gj MNT FOR THE URPA$TtdF-NT'S OWN NEVI i G .N :E. UNLEYS
ITR TO THE SOLE NEGLIGENCE OF THE DEPARnMNT.
Lessee's obligation to indemnify, defend, and pay for the defense or at the Department's option, to participate and
associate with the Department in the defense and trial of any claim and any related settlement negotiations, shall be
triggered by the Department's notice of claim for indemnification to Lessee. Lessee's inability to evaluate liability or
its evaluation of liability shall not excuse Lessee's duty to defend and indemnify within seven days after such notice by
the Department is given by registered mall. Only an adjudication or judgment after the final appeal is exhausted
specifically finding the Department solely negligent shall cxeuse performance of this provision by Lessee. Lessee shall
pay all costs and fees related to this obligation and its enforcement by the Department. Department's failure to notify
Lessee of a claim shall not release Lessee of the above duty to defend.
6. jermina6nn and RMoca ion
a. This Agreement may be terminated by the Lessor upon thirty (30) days notice to the Lessee.
b. It is understood and agreed to by the Lessee that the Department reserves the right to revoke this lease without
liability, in the event the Lessee violates any of the conditions of this Agreement and such violation is not corrected
within a reasonable time after written notice of noncompliance has been given. In th-. event the Agreement is revoked
and the Department deems it necessary to request the removal of the facilities occupying the space, the removal shall be
accomplished by the Lessee in a manner prescribed by the Department at no cost to the Department or the FHWA.
c. The Lessee must notify the Department of its intention to renegotiate the lease not later than (30) days prior to the
expiration of the original lease term, but no earlier than one hundred eighty (180) days prior to the expiation of the
original lease term. Lessee's failure to comply with the foregoing notice provision may result in the Department's
refusal to renegotiate the lease.
d. Upon expiration of this Agreement, Lessee shall peaceably surrender and deliver the premises to Lessor, or its
agents, in the condition existing at the commencement of this Agreement, (except for the removal of the facility if
removal is not requested), normal wear and tear excepted.
e. If removal of the facility is requested, any such structures or improvements shall be removed by the Lessee at the
Lessee's expense by midnight of the day of termination of this Agreement and the land restored as nearly as
practicable.
f. This Agreement is revocable by the Department in the event that the airspace facility ceases to be used or is
abandoned.
g. 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 tcrmr ination of this Lease, including but ncc
limited to (i) any residual interest In the Lease, or (ii) any other facts or circumstances arising out of or in connection
with this Lease.
h. Lessee hereby waives and relinquishes any legal rights and monetary claims which it miglifhave for full
compensation, or damages of any sort, including but not limited to special damages, severance damages, removal cos=
or loss of business profits, resulting from Lessee's loss of occupancy of the leased property specified in this Agreernem
SEOPWICwk 9 (9 —
FORM vs-=-n
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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 specified in this Agreement. Lessee also hereby waives and
relinquishes any legal rights and monetary claims which it mlght 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 (t) this Lease is still in existence on the date of taking or sale; or (ii) has been terminated
prior thereto.
7. Miscellaneous
a. The airspace and Lessee's rights under this Agreement shall not be transferred, assigned or conveyed to another
party without the prior written consent of the Department, subject to concurrence by the FRW'A-
b. In conformance with the Civil Rights Act of 1964 (71dc VI, Appendix "C") and Title 49 Code of Federal
Regulations Part 21, the Lessee agrees as follows.
1. That as apart of the consideration hereof, Lessee does hereby covenant and agree as a covenant running with
the land that (1) no person, on the ground of race, color, sex or national origin shall be excluded from participation
in, be. denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (2) that in
connection with the construction of any improvements on said lands and the furnishing of services thereon, no
discrimination shall be practiced in the selection of employees and contractors, by contractors; and (3) that the
Lessee shall use the premises in compliance with all other requirements imposed pursuant to Tide 15 Code of
Federal Regulations, Commerce and Foreign Trade, Subtitle A, Office of the Secretary of Commerce, Part 8 (15
C.F.R. Part 3), and as said Regulations may be amended.
2. That in the event of breach of any of the above discrimination covenants, the Department shall have the right to
terminate the lease and to re-enter and repossess said land and the facilities thereon, and hold the same as if said
lease had never been made or issued.
c. During the term of Agreement Lessee shall, at Lessee's own cost and expense, promptly observe and comply with
all present or future laws, requirements, orders, directions, ordinances and regulations of the United States of America,
the State of Florida, county or city governments or lawful authority whatsoever, affecting the demised premises or
appearances or any part thereof, and of all insurance companies writing policies covering the demised premises, or any
part thereof.
d. In addition to the terms and conditions contained herein, the provisions of any Addendum of evert date herewith
which is identified to be a part hereof is hereby incorporated herein and made a part hereof by this reference. in the
event of any conflict between the terms and conditions hereof and the provisions of the Addendum(s), the provisions of
the Addendum(s) shall control, unless the provisions thereof are prohibited by law.
e. This Agreement constitutes the complete and final expression of the parties with :espect to the subject matter hereof
and supersedes all prior agreements, understandings, or negotiations with respeot'thereto. Any provision hereof found
to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaat3ng portions hereof.
f, This Agreement shall not be recorded in the public records of any city, county, or other governmental entity.
g. In the case of litigation arising out of the enforcement of any 4:trms, covenants or provisions of this Lease, the.
prevailing party shall be entitled to recover it's reasonable attorneys' :ees from the non -prevailing party.
h. LPessee acknowledges that it has reviewed this Leasc, 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.
Thls 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
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FORM s)sanSi
WOW OF WAY• M74
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previous owner of the leased property and landlord of Lessee, are merged in this Lease, which alone, fully and
completely express "the agreement betweea Lcssec 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 bin&g upon T.cssor or
Lessee unless in writing and signed by both such parties.
i. Lessee shall be solely responsible for all bills for electricity, lighting, power, gas, water, telephone and telegraph
services, or any other utility or service used on the land.
J. This Agreement shall be governed by the laws of the State of Florida, and any applicable laws of the United State -
of America.
k. All notices to Lessor shall be sent to the address for rent payments and all notices to Lessee shall be sent to the
property address.
FORMsrso�a.sz
St1M ORwAY-OS U
hp7ort
IN `YITMSS WHBREM, the parries hereto have caused these presents to be executed, the day and year first above
WITNESSES:
rd G L
ATTEST. _ ..
Executive Secretary
THE COMMUNITY REDEVELOPMENT AGENCY
an agency of the City of Miami
By:
As to Less'« Hilda Tej a
Interim Director
APPROVED AS TO FORM AND LEGALITY
sp,opw/cm
87200-2401 EXHIBIT "A" Parcel 6000
87200-2426-301
A parcel of Right o£ Way lying under the elevated pox
Interstate Highway 395, and State goad 836 being more
follow';:' Begin at the North line of N.W. loth Street
Northeasterly and Easterly following the curve of the
Avenue at N.W. 14th Street, then continuing Easterly
parallel to N.W. 14th Street to the West line of N.W.
Miami.
tion of Interstate Highway 95,
particularly described as
and proceed Northwesterly,
elevated roadway to N.W. 3rd
under the elevated Broadway
2nd Avenue in the City of
14
AFRICAN HERITAGE DISPLAY FACILITY
W.P.I. NO.6141859
STATE PROJECT NO.:87200-3548
F.P.I. NO.: 251627-52-01
COUNTY: MIAMI-DADE
N'I1
SCOPE OF MAINTENANCE RESPONSIBILITIES
The LESSEE agrees to be solely responsible for the maintenance, repair and replacement, when necessary,
of the following items regarding the African Heritage Display Facility in accordance with the
DEPARTMENT specifications and as outlined in this exhibit.
The DEPARTMENT will construct a paved facility display area and paved driveway to connect the N.W.
14th Street entrance with the display area; a french drain system approximately 31 meters (100 ft) long
including three inlets and about 73 meters (239 ft) of solid 450 millimeters (18") diameter pipes -and 12
meters (39ft) of solid 600 millimeters (24") diameter pipes; a metal FDOT type "B" fence 2.5 meters (8ft)
high surrounding the entire project area; landscaping, including trees, palms, shrubs, hedges and ground;
metal halide floodlight fixtures to illuminate the bridge columns and metal halide fixtures for the general
area, including new electrical service meter, contactors and photocell controls in a weather proof cabinet.
PAVEMENT AND DRAINAGE
The LESSEE will maintain the paved area associated with the Display Facility. Asphalt overlays will be
needed to rehabilitate the pavement approximately every 8 to 12 years depending on the' pavement
conditions. The LESSEE will be also responsible for cleaning and maintaining the drainage system, as
described above.
LANDSCAPING
The LESSEE shall be responsible for the maintenance of all landscaping and /or turfed areas within the
DEPARTMENT'S right of way having to limits described by Attachment "A," or subsequent amended
limits mutually agreed to in writing by both parties. The LESSEE shall be responsible for the maintenance
activities described below with a minimum frequency of ten (10) cycles per year.
The LESSEE shall be responsible for the maintenance activities described below, which by reference
hereto shall become a part hereof.
1. To mow, cut and/or trim and edge the grass or turf in accordance with the latest edition of
the State of Florida "Guide for Roadside Mowing" and the latest edition of the "Maintenance
Condition Standards."
2. To properly prune all plants which include plant and tree trimmings in accordance with the
latest edition of the "Maintenance Condition Standards." Pruning such parts which may
present a visual or other safety hazard for those using or intending to use the right of way.
3. To remove and dispose of dead, diseased or otherwise deteriorated plants.
S,E&W 1 UA
ADDENDUM
This is an Addendum to the certain Airspace Agreement between The
Community Redevelopment Agency of the City of Miami a d The State of Florida
Department of Transportation dated the I c6 day of _ •, 1999. 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 7(d) of said Agreement:
A. Air Rights. All references in the Lease to the airspace above
the Property shall be deemed to be the airspace lying below the
elevated portion of the Interstate Highway 95, Interstate Highway
395 and State Road 836 as more particularly described on
Exhibit A.
B. Use. The Property described on Exhibit "A' shall be used for
the purpose of display and exhibition of art and objects of art
having an African, African -American and/or Caribbean theme.
C. Rent - Lessor and Lessee acknowledge that so long as the
Property is utilized for the display and exhibition of art and objects
of art having an African, African -American and/or Caribbean theme
the rent shall not be adjusted in accordance with Section 3(b) of the
Airspace Agreement.
D. Indemnification — Recognizing that Lessee is the
Community Redevelopment Agency of the City of Miami, the
provisions of Section 5(c) are subject to the limitations on
liability to the extent provided by the laws of the State of
Florida.
E. All notices to Lessee shall be sent as follows:
Community Redevelopment Agency
300 Biscayne Boulevard Way
Suite 430
Miami, Florida 33131
Attention: Director
SEOpW/CRt:
'k.
Or such other address'as Lessee may request by written notice to
Lessor.
Dated: t R OC_k' 1 STATE O ID
EPARTl� T N ORTATION
OFFI OF THE GENERAL COUNSEL Distric Secr
Distric S�
ncine T.Steelman, squire
THE COMMUNITY REDEVELOPME
AGENCY, an agency of the City of Miami 41
MIAI #872471 v2
APPROVED AS TO FORM AND LEGALITY
Ila" J-1 kro,rk� CGp
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2 SEOPW/CPA
ILL -
Board Member Gort: I don't think we votod on six.
Chairman Teele: You didn't hear it? On six was moved by Commissioner Gort...
Commissioner Regalado: Yes, we did vote. -
Chairman Teele: ... and seconded by... Just, do you have a?
Mr. Walter J. Foeman (City Clerk): I have a mover and a secondeder.
Board Member Plummor: On six?
Board Member Gort: Six.
Mr. Foeman: Moved by Gort, seconded by Sanchez.
Chairman Teele: On the question, all those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Teele: Those opposed havo the same right.
The following resolution was introduced by Board Member Gort, who moved its adoption:
SEOPW/CRA RESOLUTION NO.99-8
A RESOLUTION OF THE BOARD OF DIRECTORRS OF HE CRA RATIFYING DEPARTMENT
AIR SPACE AGREEMENT BETWEEN THE C
RA AND OF TRANSPOE OF THE AIRSPACE
RTATION PROVIDING FORA 20YEAR YS AN EXHIBI ON OF
AT 1-95 AND I-395 FOR THE PURPOSE OF D
ART AND OBYECTS OF ART HAVING AN By SEOpW/CRA 98-440�3.RICAN
AND CARIBBEAN THEME, AS AUTHORIZED B
(Here follows body of resolution, omitted here and on file in the Offico of the City
Clerk.)
SEOPW/CRA
62 March 8,1999
...tea-r nn
BY:CITY OF ItitAlil 7-39 19:55 CONN. A. I INTUI1T 007 ;# 7/13
Lt
RESOLUTION NO. 99- 4-e's -
A SOLUTION OP �`
COMh'Z'Umay FiV �O,ARD 1.11 � �C 'ORS OF THE
AND PMF-W AGENCY
AMSPAC]i AGREWENT g jw
THE COMMUNITY��� OPT AGENCY ANDSTATE OF RIBA DEPARTM$NT ME
TRANSPORTATION; pROVWINC FpR AN O F
DATE; AND FOR 01 iER PURPOSES. E
wKE.REAS, the United Staffs
Administration requitts art � of. Partrnent of Trartspoon, Foderal Highway.
tine, lyic� within y spa" above, tit or below tho highways' csLabl3 ed Yta4e
pursuant to approvCd right-of-way IirAiCs oa a Frderal Aid Sy3tczn, to be accomplished
aPpl�ablc direc�c a8ieemen-t providing f07 4dherrnac
tavc (23 CFR 713 Sub t0 policy ngtiirCtneYlts in the
and p B), whore such arc appzopriate to the intended Me; .
WH$R6AS, the Dapsrtmcnt tw acquired suiticient legal right, tide and interebt 'o fife
t
right -of --way of Interstate Iiighways 95 and 395; and
'w1iEkEAS, the DePartrnent desires to 1casc
the purpose of the dta la the airspace above these righrs-of-way for
American P Y and cbiUon of art and objects of art having an African
and Cbbe theme; and , Africa.n-
and w�REAS, th,e CRA is zcsponsibIc for carrying Projects in thz Omn1 Rcdcvclo me nY 8 out cgmmunity rrdevclopmcnt activItics evt
Redevelopment Area; ,.nd Pa aril the Southeast Ovettown/Puic p4r
W�R-SAS, tI•tc Board of Directors of the CRA believe that the display and e
I the airspace at I.93 and 395 of art and objects of art havi a
alld Cartbbcan theme will contribute to the redcvelopmer►t of the
P f xhtbi4on
n African, African -American
surr"ndlng arm; and
WI-iEM�. [he CPA is authorizcci w
S.EOPIV/ORA M.9g•40.3, v this r ProPOscd Agreement by
NOW, TREPIEFORM, BE IT
CO21'IMUNITY REDEVELOPM�I AGE'NC' :13Y THE AdARD O%ECTORS OF 7M
NCY
SECT10N 1:
between the CRA and the State of Florida D 1rd Of erectors herebyv
rov the Airspace Agrrcmcnt
1O the CRC►, which Agreement rovidcs for a w rtrrn20f Tr I,o t,On Submitted by Counsel
195 for �e purpose of dlsptayi g an exhibition of n tib of the a'
1►fric$t,.q�.rkan and Carib izspace at I-95 and
man them.. 1 . of xrt having ari African,
O