HomeMy WebLinkAboutSEOPW-CRA-M-99-000669/81/1998 10:42 305-47P-5610 FDCT DIRECTORS nWFIC PAGE 04
FORM S754CO-32
910M oFwAY- OW94
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purpose conveyance, such renewal may not exceed Rve years. Nothing herein shall be construed to in any way grant an
interest in the land itself lying below said airspace,
3. BBut
a. Lessee shall pay to the Department as rent each year in advance One Dollar ($1.00) plus applicable
sales tax. When ibis Agroetnent is terminated, the unearned portion of any rent and sales tax payment shall be refunded
to Lessee. However, no such refund small be made where termination is due to Lessee's violation of a term or condition
of this Agreement.
b. The Department reserves the rigb t to review and adjust the rental fee biannually and at renewal to reflect market
Conditions.
c. All rental payments are to be trade by check or money order, payable to the $tale of Florida Department of
Transportation and delivered on or before the due date to: Might of slay Administration, Property
Management Saction, 1000 N.W. 111th Avenue, - Qom 6118, HIM,, ar a 2 2
d. Lessee Shall be responsible for all state, cottnry, city and local taxes that may be assessed, including .real property
taxes and special assessments. la the event that no rent is specified herein, then it has been determined that either the
use by Lessee is a nonproprietary use by a govermnental 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 nonproprietary use by a
governmenrtl agency or that the SEE exception does not apply or has been revoked, leases agrees to pay, at that time,
the rent that should have been paid under the fair marlaet rental value requirement 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 tea (10) days after the doe date shall bear interest at the highest rate
allowed by law from the due date thereof. This provision, shall twt obligate Lessor to accept late rent payments or
provide Lessee a grace period.
4. TLCe-Qcramancy 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 African, African -American and CaribbeAn tbame
c. The general design for the use of the space, including any facilities to be constructed, and the traps, plans, and
sketches setting out the pertinent features of the use of the space in relation to the highway facility are set fortis in
composite Exhibit "B" attached berreto and by this reference trade a part hereof, In addition, said composite F-Xhibit
"B" also contains a three-dimensional description of the space to be used, unless the use is of a surface area beneath an
elevated highway structure or adjacent to a highway roadway for recreation, public park, beautification, parking of
motor vehicles, public mass transit facilities, or other similar uses, in which case, a metes and bounds description of the
surface area, together with appropriate plans or cross sections clearly defining the vertical use limits, may be
substituted for said three-dimensional description in said composite Exhibit "B".
d. Any change in the authorized use of the airspace or revision in the design or construction of the facility described in
Exhibit "B" shall require prior written approval from the District Secretary of the Department, subject also to
concurrence by the FHWA.
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FORM 575460kn
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e. The Department, through its duly authorized representatives, employees and contractors, and any authorized
FHWA reluesentadve, may enter the airspace facility at any tithe for the purpose of inspection, maintenance, or
reconstruction of the blowsy atoll adjacent facilities, when necessary; or For the purpose of mwveying, drilling,
monitoring well installation, sampling, rem&adon► and say other action which is reasonable and necessary to conduct
an eavirammenal assessment or to abate to environmental hazard.
f. Lessee, at lessee's sole cost &ad expense, shall maintain tine facility b occupy the airspace so as to assure the the
structum and the area within the highway right-of-way boundaries will be kept in good condition, both as to safety and
appearance. Such maintenance will be accomplished in a manner so as to cause no unreasonable icterftetice with the
biglsway use. In the event that Lessee fails to so maintain the faeiIIty, the Department, through its duly authorized
representatives, employees and contractors, may enter the facility to perform such work; and the cost 6sreof shall be
chargeable to the Lessee and shall be immediately due and payable tiro the Department upon the perkmnanoe of Bach
work.
g. Portable or temporary advertising signs are prohibited.
h. The occupancy and use of the space shall not be. of such as will permit unreasonably objectionable smoke, fumes,
vapor or odors to rim above the grade line of the highway.
I. Where, for the proposed use of the space, the highway requires additional highway facilities for the proper
operation and nminteca = of the highway, such facilities shall be provided by the Lessee without cost to either the
Depattrnent or the FHWA and subject to both Department and FHWA approval.
j. The proposed use shall hat cause or allow any changes in the existing drainage on the land under the airspace.
k. Lessee shall not occupy or use or permit or suffer this demised premises or any part thereof to be occupied or used
for any illegal business use or purpose, nor for any business, use or pou'pose deemed to be hazardous or involving any
substance which under State law, Federal law, or common usage, constitutes a hazardous substance or waste; nor in
such wanner as to constitute a muisa a of any kind, nor for any purpose or in any way in violation of any present or
future laws, orders, direr ions, ordinances or regulations of the United States of America, the State of Florida, any
county or other lawful authority.
Existing utilities and all cmesponding easemards shall remain in place and lessee shall not disturb the same.
5.
a. Leaser and its contractors constructing the facility shall at all tames during ttae term of this Agreement (ashes a
shorm time is specified) maintain such insurance coverage in such amounts as are specified in the Addendum, if any,
attached hereon and by this reference wA& a part hereof, Upon execution of this Agreement by both parties (or upon
execution of the construction contract with respect to Lessee's contractors), Levee shalt provide to the Department
certificaies of insurance showing such coverage to be in effect and showing the Department to be an additional named
insured under such policies. Such policies stall provide drat the insurance is not cancelable except upon thirty (30) days
prior written r odee to the Deparbnern, and the coverage thereunder shall apply on a primary basis to any other
insurance maintained by the Deparmtmt, its officers, servants, agents and employees. Except with respect to the total
limits of liabt"]ity, the insurance coverage provided shall apply to each insured in the same manner as if separate policies
had been issued to each.
b. L.eswe shall be solely responsible for the payment of any damages occurring to the highway or any related facilities
or structures or to the public for persocal 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 extern of the
state's right, title, and interest in the land to be used by the Lessee. The Lessee will at: all times asmvrn all xisk and
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e. The Departmor t, through its duly authorized representatives, employees and contractors, and any audtrized
FHWA represenaadve, may ether the airspace facility at any tilts far the purpose of inspection, malnsertaace, or
reconstruction of the Noway timid adjacent fadlita, when necessary; or for lire purpose of surveying, drilling,
monitoring w+ell InsmUation, sampling. remo&adon, and any other action which is reasonable and necessary to conduct
an environmental assessment or to abate as emrirotlmental hazard.
L Lessee, at lessee's sole cost sad expense, shall maintain the facility to occupy the airspace so as to assure that the
structures and the area within the highway right-of-way boundaries will be kept in good cea&don, both as to safety and
appearance. Such maintenance will be accomplished in a nanner so as to cause no unreasonable interhunce with the
highway use. In the event that Lessee fails to so maintain the facility, the Department, ttl ougb its duly authorized
representatives, employees and contractors, may tuber the facility to perform such work; and the coat titsreo f shall be
chargeable to the I came mad shall be immediately due and payable to the Department upon the performance of such
work.
g. Portable or temporary advertising signs are prohibited.
h. The occupancy and use of the space shall not be of such as will permit unrusonably objectionable amnia, farces,
vapor or odors to rise above the grade line of the highway.
X. Where, for the proposed use of the space, the highway requires additional highway facilities for the proper
operation and oviintenance of the highway, such facilities shall be provided by the Lessee without cost to either the
Departmc= or the FHWA and subject to both Department and FHWA approval.
j. The proposed use shall nos cause or allow any changes in the existing drainage on the land under the airspace.
Jr. Lessee shall not occupy or use or permit or suffer tine 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 conunon usage, constitutes a hazardous subettance or waste; nor in
such wamw as to constitute it nuisance of any fond, nor for any purpose or in any way in violation of any present or
future laws, orders, directions, ordinances or regulations of the United States of America, the State of Florida, any
county or other lawftd authority.
Existing utilities and all corresponding easesttertts sbAll remain in place and Izswe shall not disturb the same.
5.
a. I.esacc and its contractors constructing the facility shall at all tinier during ft terra of this Agreement (anises 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 refereaae tl & a part hereof. Upon execution of tints Agreement by both parties (or upon
execution of the construction contract with respect to Lessees contractors), Lzesee shall provide to the Department
certificates of insurance showing such eoveraga 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 nodoe to the Department, and the coverage tbercunder shall apply on a primary basis to any other
insurarim 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 facilities
or structures or to the public for personal injury, loss of life, and property damage which anise out of or relate to the
comtruction, maintenance, or use of the airspace or of the facility existing or to be constructed.
c. The Lessee u nderstiuxis 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 Lessen. The Lessee will at all times assume all risk and
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or MW such tights, Claims or damages flowing from adjacent properties owned or kased by Lessee as a result of
Lessee': loss of ocwpancy of the leased property specified in ibis Agreement. Lessee also hereby waives and
relinquishes my legal rights and niowtary claims which it might have for full compensation, or damages of any sort as
set out above, as It result of LesseeIa loss of occupancy of the leased property, when any or all adjacent properties
owmd or leased by Lessee are taken by eminent domain proceedings or sold under the Oreat thereof. This -waiver and
relinquisiMWg applies wbether (f) this Lease is still in eAstonce on the date of Wdug or sale; or (ii) has been
terminated prior thereto.
7.
a. The airspace and Lessee's rights tinder this Agreement shall not W transferred, assigned or conveyed io another
party without the prior wrium cement of the Departmazt, subject to coneurrence by the FHWA.
b. Is, conformance with the Civil Rights Act of 1964 (Title VI, Appendix "C") and Tine 49 Code of Federal
Regulations Part 21, the Lessee agrees as follows,
1. That as a part of the consideration hereof, Lem" does hereby covenant and agree as a covenant runnWg with
the land that (1) no person, on the ground of race, color, seat or national origin shall be excluded from participation
in, be denied the benefits of, or be otherwise =objected to discrimination in die use of said facilities; (2) that in
connection with the construction of any improveztoanta on said Unds and the f w nishing of services thereon, no
discrimination shall be practiced in the selection of employees and contractors, by contractors; and (3) that the
Lessee :hall 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 Secretory of Corn erce, Part 8 (15
C.F.R. Part 3), and as said Regulations, may be amended.
2. 'mat in the event of breach of arty 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 i&mzd.
c. During the term of Agreement Lessee shall, at Lessee'9 own cost and expense, promptly observe and comply with
all present or &we 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
appewwwas or any part thereof, and of all insmraaee companies writing policies covering the demised premises, or any
part thereof,
d. In addition to the terms and conditions contained heroin, the provisloaa of any Addendum of even date herewith
which is identified to be a part hereof is hereby incorporated herein and trade 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
ffie Addendum(s) shall control unless the provisions thereof are prohibited by law.
e. This Agreement constitutes the compleoc and final expression of the parties with respect to the subject matter hereof
and supersedes all prior agreements, understandings, or negotiations with respect thereto. Any provision hereof found
to be unlawful or unadbreeable shall be severable and shall not affect nix validity of the remaining 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 arms, covewnts or provisions *of this Lease,1he
prevailing party shall be entitled to recover it's reasonable attorneys' fees from the non -prevailing party.
h. Lessee acknowledges that it has reviewed this Leese, is familiar with its terms and has had adetlnatc opportunity to
review thiis Lease with legal vxmscl of Lessee's choosing. Lessee has entered into this lease freely and voluntarily.
This lease contains lire complete un&rstanding of the parties with respect to the subject matter hereof. All prior
understandings and agreements, oral or wtimn, heretafore made between the parties and/or between Lessee and the
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previous owner of the leased property and landlord of Loamy are umpd in this I to . aAt & alone, hilly and
compietely express the sgroemeat between Lessee and Lem or with respect to the subject matter b"eof. No
modification, waiver or amendment of this Lease or any of its conditions or provision shall be binding upon Lessor or
Lessee unless in writing and signed by both mob patties.
1. Lessee shall be solely responsible for all bills for electricity, lighting, power, gas, water, telephone and telegraph
services, or any od+er utility or service used on the land.
j: This Agmement shall be governed by the lavers of the State of Florida, and any aplicable laws of the United State
of America.
k. All notices to Lessor shall be sent to the addrem for runt payer and all notices to Lemaee shall be sent to the
property addrm.
MOPwiC.RA SJ-
U: 19.4L JtlJ-4/17-Ob1Cl FDOT DIRECTORS OFFIC PAGE gg
FORM 575-0�
MOM OP WAY-VW94
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IN WITNESS WIREREOF, the parties hereto have caused these presents to be exemed, the day and year first above
written.
VMNESSES:
As to Lessor
I
WITNESSES:
As to Ussee
STATE OF FLORIDA
DEPARTMENT OIL TRANSPORTATION
By:
District Secretuy
Distract:
LESSOR
ATTEST:
Fmccutive Secretary
APPROVED AS TO FORM AND LEGALITY:
Office of Gewrat Counsel
By:
TITLE:
ATTEST:
TITLE:
LESSEE
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ADDENDUM
This is an Addendum to that certain Airspace Agreement between the City of Miami, Florida
and The State of F2odda Department of Transportations dated the _, day of , I99 . In addition to the
provisions contained In said Ag:reerwnt, the following terms and conditions shall be deemed to be a part thereof pursuant to
Paragraph 7 (d) of said Agreement:
Dated:
1
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
District Secretary
District _
LESSOR
By:
LESSEE
TITLE:
nPCYcLa 1,15E
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EXHIBIT "All
87200-3548 ,
Parcel 6000
A parcel of Right of Way lying under the elevated portion of Interstate HighWay 95,
Interstate Highway 395, and State Road 836 being more particularly described as
follows: Begin at the North line of N.W.' 10th Street and proceed Northwesterly,
northeasterly and Easterly following the curve of the elevated roadway to N.W. 3zd
Avenue at N.W. 14th Street, then continuing Easterly under the elevated roadway
parallel to N.W. 14th Street to the West line of N.W. 2nd Avenue In the City of
Miami, Florida.
SEOPW/CRA 9 9 _ 6
AFIitICAN EfERiTAt,,,,.x,,JISPLAX FACILITY
W.P.I. NO.: 6141859
STATE PROJECT NO.: 87200,3548
F.P.Y. NO.: 251627-1-52.01
COUNTY: MCAh9 DADE
EXI BIT "B"
SCOPE OF MAINTENANCE RESPONSIBILITIES
The DEPARTMENT will construct a paved facility display area and a paved dtivewa y to connect
the NtiT.W. 14th Street entrance with the display area; a french drain system approximately 31 meters
(100 R) long, including three inlets and about 73 meters (239 ft) of solid 450 millimeters (18")
diameter pipes, and 12 meters (39 ft) of solid 600 millimeters (24") diameter pipes; a metal F.D.O.T.
type "B"fence, 2.5 meters (8 ft) high surr*unding 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.
The CITY 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.
1
PAVEMENT AND DRAINAGE
The CITY will maintain the paved area associated with the Display Facility. Asphalt overlays will
be needed to rehabilitate the pavement approxamtety every 8 to 12 years depending on the pavement
conditions. The CITY will be also responsible for cleaning and maintaining the drainage system,
as described above.
LANDSCAPING
The City shall be responsible far the maintenance of all landscaping and/or turfed areas within the
DEPARTMENT'S right-of-way having the limits described by Attachment "A", or subsequent
am=ded limits mutually agreed to in writing by both parties. Tht CITY shall be responsible for the
maintenance activities described below with a minimum mquency of tan (10) cycles per year.
The CITY shall be responsible for the maintenance activities described below, which by reference
hereto shall become a part hereof.
1. To mow, cut and/or Win and edge the grass or turf in accordance with the latest edition of
the state of Florida "Guide for Roadside Mowicag" 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 thereof 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.
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Exhibit B
Page 2 of 2
4. To keep litter removed from the Facility area having the limits listed in Attachment "A."
5. To remove and dispose of all trimmings, roots, branches, litter, etc...., resulting from the
activities described by (1) threugh (4) inclusivoly as described above.
METAL FENCE
Maintain, repair and replace the 2.5 meters Type "13" >+.D.O.T. metal fence surroundinEg the Display
Facility. The maitttenataec "I'include the removal of any. graffiti, painting and the restoration or
nepliacernent of such fence to its original conditions in ease of damage due to accidents, vandalism
or acts of nature.
LIGHTING
The CI7 shall be solely responsible for the maintenance of the lighting system, including the
changing and repairing of light bulbs or any other component of the electric system that pmvents it
from working properly.
WATER AND ELECTRIC COST
The CITY shall be solely responsible for paying all fees and costs of water and electricity associated
with the operation of the Display Facility.
ADDITIONAL CONCORDANCE
It is understood by the parties that all improvements related to the African Heritage Display Facility
project may be removed, relocated or adjusted at any time in the future as found necessary by the
DEP ARTUENT to accommodate my highw•oy i'4pio Veiorflts imiuding %merge widening, alterations
or any other future planned improvements by the DEPARTMENT.
The DEPARTMENT wild not allow placement of tiles, nails, screws, bolts or other fasteners oa
bridge columns.
It is further understood that this Exhibit may be amended at any time as mutually agrocd upon in
writing by both parties.
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