HomeMy WebLinkAboutSEOPW-CRA-R-00-0080Q 0-
RESOLUTION NO. SEOPW/CRA `'0 0 0
A RESOLUTION OF BOARD OF DIRECTORS OF THE
COMMUNITY REDEVELOPMENT AGENCY ("CRA")
APPROVING THE AIRSPACE AGREEMENT BETWEEN
THE CRA AND THE FLORIDA DEPARTMENT OF
TRANSPORTATION ("FDOT") ATTACHED HERETO AS
EXHIBIT "A" AND MADE A PART HEREOF (THE
"AIRSPACE 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 approve the Airspace 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 are incorporated herein as if fully set forth in this Section.
Section 2. The Board of Directors of CRA hereby approves the
Airspace Agreement attached as Exhibit A.
Section 3. The resolution shall be effective upon its adoption.
PASSED AND ADOPTED on this 24th day of July, 2000.
Arthur E. Teele, Jr., Chairman
ATTEST:
Walter J. Foeman, City Clerk
APPROVED AS TO FORM
AND CORRECTNESS:
Holland & Knight LLP
CRA Legal Counsel
MIA1 #954332 v1
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AIRSPACE AGREEMENT
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State Project No.
W.P.L No.
F.A.P. No.
State Road No.
parcel No.
County
7MSGREEMENT made and entered into this _ day of _ _ - 19 �, _, by and between_
of __The Comt=ity Redavelopment 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).
WZTNESSETH:
WHEREAS, under Section 337.2S(S) of the Florida Statutes, Department may convey a leasehold in the name of the
Static, 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 Subpart P), where such are appropriate to the
intended use; and
WHEREAS, the Department has acquired sufficient legal right, till- and interest in the right of way of Interstate
i hu vs__ 95_�nd� which includes the property described in Exhibit "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 Lessee for
the following nurpose: Public parking and storage
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 lino of said highway; or interfere 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:
The premises hereto are trua and correct and form an integral part of this Agreement.
2. Properlynd Term
The Department does hereby lease unto Lessee the airspace above the lands described in Exhibit "A", attached hereto
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
SEOM CM, e b () — B
FORM 57S060a2
RIGHT GF WAY owN
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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. lint
a. Lessee shall pay to the Dcpartraent as rent each year in advance one nnl l 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 shalll be made where termination is duo to Lessee's vlolation 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
Tra rtation and delivered on or before the due date to: Rig�tt of Way Administration, Property
Management section, 1000 N.W. 111th Avenue, Miami, orida 3172
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
use by Lessee is a nonproprletary 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 nonproprietary use by a
governmental agency or that the SEE exception does not apply or has been revoked, lessee agrees to pay, at that time,
the rent that should have been paid under the fair market rental value requireinent-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. iTcn�Occupanngy_and Mainterunce
a. The Lessee shall be responsible for developing and operating the airspace as set forth herein.
b. The Lessee's proposed use of the space is as follows:—
o provide public parking and storage and other similar public uses
consistent with the redevelopment plan.
c. 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 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 faciliy described in
Exhibit "B" shall require prior written approval from the District Secretary or the Department, subject also to
concurrence by the FHWA.
SE01?WICRA `� 1,
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e, The department, through its duly authorized representatives, employees and contractors, and any authorized
FHWA representative, may enter the airspace facility at any time for the purpose of inspection, malntcnanoo, or
reconstruction of the highway and adjacent facllldes, when necessary; or for the purp= of surveying, drilling,
monitoring well installation, sampling, remedlatlon, and any other action which is reasonable and necessary to conduct
an environmental assessment or to abate an environmental hazard.
f. Lessee, at lessee's sole cost and 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 condition, both as to safety and
appearance. Such maintenance will be accomplished in a manner so as -to caul- no unreasonable interference with the
highway use. la the event that Lessee fails to so maintain the facility, the Department, 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 tide and payable to the Department upon the performance of such
work.
g. portable -or temporary advertising signs are problblted.
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.
i. 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 be provided by the Lessee without cost to either the
Department or the 17HWA and subject to both Department and FHWA approval.
j. The proposed use shall not cause or allow any changes in the existing dralnamon 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 Stat-- law, Federal law, or cominon usage, constitutes a hazardous substance or waste; nor in
such manner as to constitute a nulsance 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 United Smt: s of America, the State of Florida, any
county or outer lawful authority.
1. Existing utilities and all corresponding easements shall remain in place and Lessee shall not disturb the same.
$. Insurance and Indemnificadnn
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 shalt 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 facilitiesor structures or to the public for personal injury, loss of life, and property damage which arise out of or relate to Lie
construction, maintenance, or use of the airspace or of the facility existing or to be corlstrueted.
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 assr,�me all risk and
SE0PW.1 CRA
FOAM 373-orss.
RIGKr OF WAY-M4
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indemnify, defend, aid save harmless the State of Florida and the Department from and against all loss, damage, cost,
or expense, including but not limited to attorney's fees, arising in any manner on account of the exercise or attempted
exercise by said Lessee of the aforesaid rights and prlvlleges including, but not limited to, the construction, operation,
and maintenance of the facility or the Lessee's default under this Agreement, revs rdless of the ,apaortionmenrof
moagai3m othe iparties involysd. imlesa due to the egjr,, ntglieenct of The *D=artment_ THE LESSEE, THEREFORE,
�Ri?F4 TO Ih rWj�FY THE�FPAPFNT FOR THEY) PRR& MNT' S OWN NEM OR CE: UNY ASS
LATE TO THE ROLE NEGIMBSCE OF THE D>`PAR't? MNT.
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. lk-='s inability to evaluate liability or
Its evaluation of liability shall not excuse Lessee's duty to defend and indemnify withir► seven days after such notice by
the Department is given by registered mail. Only an adjudication or judgment after the final appeal is exhausted
specifically finding the -Department solely negligent shall excuse 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. T&rmination and R .vo a 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 tho 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 expiration 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 tsar excepted.
e. If removal of the facility is requested, any such structures or improvements shall be removed by the Lessee at the
7 essee'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 termination 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 mighfhave 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 +his Agreeme=
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or any such rights, claims or damages flowileased
ng from adjacent properties owned or 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 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 exlstence 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 tmnsferred, assigned or conveyed to another
party without the prior written consent of the Mpartment, subject to concurrence by the FHWA.
b. In conformance with the Civil Rights Act of 1964 (tide VI, Appendix "C") and Title 49 Code of Federal
Regulations part 21, the Lessee agrees as follows:
1. That as a part of the consideration hereof, Lessee does hereby covenant and agree as a covenant rarining 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 Title 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 facilides 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 Ws 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 provlsloas thereof are prohibited by law.
e. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof
and supersedes all prior agreements, undeistandings, or negotiations with respect thereto. Any provision hereof found
to be unlawful or unenforceable shall be severable and shall not affect the 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 Vc-rms, covenants or provisions of this Lease, th't
prevailing parry shall be entitled to recover it's reasonable attorneys' ;ees from the non -prevailing party.
h. 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 fieely and voluntarily.
Tlus 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
SEOFWIM 0 — �2 j h
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WOM OF WAY• 04N1
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previous owner of the leased property and landlord of Lessee are merged in this Lease, which alone, fully anti
completely express *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 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
10 of America.
c
14
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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.
iJo" S()
"' OFWICRA-
FORM sr,0*32
JUW" OR WAY-oM
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IN WITNESS WHEREOF, the parries hereto have caused these pryents to be executed, the day and year first above.
I
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WITNESSES:
As to Lessee
LESSOR
ATTEST: _ ..
Executive Secretary
THE COMMUNITY REDEVELOPMENT AGENCY
an agency of the City of Miami
By:
TITLE:
APPROVED AS TO FORM AND LEGALITY
r,
SEOFW/ CRC
87200-2401 EXHIBIT "A" Parcel 6000
87200-2426-301
02 _
SFOPW1CR11 o 0
AFRICAN HERITAGE DISPLAY FACILITY
W.P.I. NO.6141859
STATE PROJECT NO.:87200-3548
F.P.I. NO.: 251627-52-01
COUNTY: MIAMI-DADE
4 0. ITS-11�1-
SCOPE OF MAINTENANCE RESPONSIBILITIES
The DEPARTMENT will [TO BE - ETERHINEE•1
PAVEMENT AND DRAINAGE Asphalt overlays will be
The LESSEE will maintain a7.1 the pa�veci area. P
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
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 often (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.
SEOpWIMA. U -- 80
ADDENDUM
This is an Addendum to the certain Airspace Agreement between The
Community Redevelopment Agency of the City of Miami and The State of Florida
Department of Transportation dated the 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. Rent - Lessor and Lessee acknowledge that so long as the
Property is utilized for public parking and storage, the rent shall
not be adjusted in accordance with Section 3(b) of the Airspace
Agreement.
C. 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.
D. All notices to Lessee shall be sent as follows:
Community Redevelopment Agency
300 Biscayne Boulevard Way
Suite 430
Miami, Florida 33131
Attention: Director
�° 'OPW/CRA., 00 S 0
11
Or such other address as Lessee may request by written notice to
Lessor.
Dated: l % bC $q�! STATE Z7I' O ID
EPARTi NT N ORTATION
v:
COF THE GENERAL COUNSEL
Steelman, squire
rl
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MIA1 #872471 v2
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THE COMMUNITY REDEVELOPME
AGENCY, an agency of the City of Miami
Un
APPROVED AS TO FORM AND LEGALITY
4
2
M
Board Member Gort: I don t think we voted 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 Plummet: On six? -
Board Member Gort Six.
Mr. Foeman: Moved by Gort, seconded by Sanchez-
all
Teele: On the question, all those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Teelo: Those opposed have the same right
Th
e following resolution was introduced by Board Member Gort, who moved its adoption:
SEOpWICRA RESOLUTION 1:0- 99-8
OF DIRECTORS OF THE CRA RATIFYITIG TIiB
A RESOLUTION OF THE BOARD PACE
AIR
SPACE AGREEMENT BETWEEN THE CRA B EASE OF THE N
OF TRANSPORTATION PROVIDING FORA 20 RiCAN
AT I _95 AND I-395 FOR THE PURPOSE OF DISPLAYING
AFRi A AA`MEN of
ART AND OBJECTS OF ART HAVING AN AE
AND CARIBBEAN THEME, AS AUTHORIZED BY SEOPW/CRAM-98-40.3.
ere follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
62
March 8,1999
-XEo?w/CRC ; - SO
PAGE.02
.rP BY: C I TY OF DlIA1i1 7-93 : 19:55 : COINN. ' A. TF -UNTUITY 007 :# 7/13
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RESOLUTION " nag;
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N N0, 99• -Fe's
A R.E.SOLUTION OP THE AOARD OF D�� ' r�
C01viMUj�) y $VE�,Q�1�� AGENCY ORS OF THE
AND �P� Ar4R r B
THE OMM1jN1• F ' OP
STATE .OF LRI1�A AGENCYANND
TRANSPORTA71ON• D P A R T M $N T d F
DATE; AND FOR p' PROyIpING FOR AN tFpECnVE
IPURPOSES.
wHEFtEAS, -the United States Dt
Administration requirts an partment of Tiar�.Poctation, Fodetal Highway
fine:, lying within the a y ttse ofright-of-way
above, at or below t highways' ostablisb SUB&
pproval right-of-wny Iimits on a Fuleral Aid 5 to
pursuant to an airspace agiftment providing for adherence Y3 m► to be accomplished
aPPlicablc dimctjvc (23 CFR 713 Sub to Policy ��enn in the
and part B), when such ate appropriate to the intended use.-
W-HFREAS,e the DGpartnocnt hasright-Of--way of Inteacquired st►iticieat legal right.. tide and interest in tilt
Interstate acquired
95 and 395; And
the u WHEREAS, the Department desires to lease the air8pace about these ri
P rpose of the display and cxhjbitioa of art and Objects of , glr-of--way for
American and Caribbean theme; and ha having an African, African_
WH :111-W, the C12A is resporuibIc for carrying and projects in the Omni Rcdcvelo merit nYB out community nrdevctopment activities
Redcvclopmcnt Area: And P Area
atxl the Southeast Overtown/Park Wevt
WHt~RZAS, the Board of Directors of the CRA bclicya that the display and eXhj •
in the airspace at I-93 and 395 of art and objects of art havi arl �, bt4on
and Caribbr-an thane will contribute to the redeveloPmcr►t of the ��' "American
surrau3ading arm: and
WHEREAS. the CRA is authorizt4 u, SEOPW/CRq M_98.40.3, v this t Pad Agreement by
NOW, THEREFOPLE, BE IT PXSOLvED 13Y THE A � OF
CO>4MUNITY REDEVELOpMEN'T AGaNcY. ECTORS OF THE
e Board Of
between the C.RA and the State o Florida D pa�rnhereby T rov
f Tr the Airspace ABmcmcnt
to the CRA, which Agreement provides for a twso �0 �r''0�tiOD submuud by Counsel
3y5 for tit purpose of displaying an for
twenty
anyCar d objects of
ahtt a v-
llfri.ai�- itspace at I-9� and
Arue-TIC n and Caribbean themc, ha m$ an African,
SEOPWICRA j- � _ ")
07,i24i2000 MON 11:55 FAX 3053724646
10002/007
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO, Chairman Teele and DATE . July 24, 2000 FILE
Honorable Members of the CRA Board
FROM: Robert L. Tyler, Dir. of
Richard H. Ju
Strategic Plan
SUBJECT
Admin. & Dev REFERENCES
ENCLOSURES:
Airspace Agreement between
CRA and FDOT and Minor
Boundary Changes
RECOMMENDATION
It is respectfully recommended that the Board adopt the attached resolution approving an
Airspace Agreement between the CRA and the Florida Department of Transportation ("FDOT")
attached hereto as Exhibit "A" and made a part hereof (The "Airspace Agreement").
BACKGROUND
The Florida Department of Transportation (FDOT have agreed to lease the available space (air
rights) under I-95 and 1-395 that is currently adjacent to the SEO/PW CRA boundaries for public
use purposes of the CRA Redevelopment Plan to the extent permitted under the City and County
Interlocal Agreement.
The terms of the lease will include the requirement that the boundaries of the 1-95 and 1-395
adjacent to the SEO/PW CRA be added, as necessary for the above leasing, to the Redevelopment
Area of the SEO/PW CRA pursuant to Section 163. 361 of the Community Redevelopment Act
of 1969.
(It is the intent of the CRA to make at the same time several minor additions to the.boundaries of
the OMNI and the SEO/PW CRA. See Additions A, B and C showing the areas in which the
boundaries of the OMNI and the CRA would be extended into but not necessarily all of such
area. (See the attached Maps,)
If the ]eased air rights are managed by the CRA directly or indirectly under a management
agreement for the purposes of the redevelopment plan the DOT will lease the air rights for$1.00
per year and will waive any requirement of competitive bidding for the subject leased space.
Account Number: N/A
Attachments
Report — Meeting with FLA.DOT
MAPS.
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MEETING WITH FLORIDA DOT 7-19-00
This is a recap of a meeting held at the Florida Department of Transportation
District Office, Miami, Florida on Thursday, July 13, 2000. Participants were
Richard Judy, Director of the City of Miami Community Redevelopment Agency
(CRA), Ms. Chelsa Arscott of CRA, and Robert F. Cochrane, Jr., Property
Management Administrator, DOT.
Mr. Judy identified a number of areas located under elevated sections of Interstate
Highway 95 and 395, which CRA was interested in leasing for parking and storage
purposes.
Cochrane advised at hat these roads were on the Interstate Highway System and as such
were subject to federal regulations regarding leases. A major requirement is that such
lands must be made available to all interested parties. This is done by public bid after
appropriate advertising.
Mr. Judy asked if it wasn't true that governmental agencies could acquire such leases at
nominal cost, without bidding, if such leases were for a public purpose.
A discussion followed concerning the existing leases between DOT and the City for
space under I-95 elsewhere in the city. These leases, made in the 1960s and 1970s were
made under totally different state and federal outlines. They were made directly with the
City for S 1.00 per year for forty (40) years. The stated purpose was to develop the lands
under the expressway into parking lots to be operated by the City Offstreet Parking
Authority. The City has constructed and maintained pay parking lots on the various
leased properties since each lease went into effect.
Cochrane stated that DOT is interested in developing and income from the properties
now under consideration. This is another motivation DOT has to open bids to the public.
DOT has received queries from at least two private entities inquiring if the under -
expressway lands were for rent.
Cochrane also cautioned Mr. Judy and Ms. Arscott regarding the parking capacity of the
properties. The sections of I-95 currently developed with parking lots are relatively
straight lengths of highway of relatively uniform height above grades. The supporting
columns are arranged in uniform sets. The Offstreet Parking Authority was able to
design driveways and parking spaces around the columns easily to develop maximum
capacity.
The part of 1-395 under consideration is a curving section of road with varying heights
gradually descending from full -elevated height to grade at Biscayne Boulevard. This has
resulted in placement of columns, which are not as uniform as those under most of I-95.
The driveway and parking space design will be constrained not only by the placement of
MOPW/CRA
JUL 24 2000 13:13 3053724646 PAGE.03
07,i24i2000 MON 11:56 FAX 3053724646
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the columns but also by the protective barriers which will be required to protect each
column.
Mr. Judy requested a list of properties owned by DOT lying in the area of 1-395 between
Biscayne Boulevard and NW 2"d Avenue and lying under 1-95, which would be potential
areas for parking or storage use.
Cochrane also mention that DOT was presently performing some landscaping work in the
vicinity of NW 3`d Avenue and NW 14'h Street. It is also working on the African
Heritage Facility at the southeast corner of NW P Avenue and NW 14"' Street. This
facility was created in cooperation with CRA last year. At Cochran's request, Ms.
Arscott requested from CRA's attorney that a copy of the CRA Resolution authorizing
10 that agreement and an executed Airspace Agreement be sent to DOT. It was received
before the meeting ended.
At the request of Mr. Cochrane a map was provided indicating the geographic limits of
the Community Redevelopment Agency area.
The meeting ended at this point.
Attached is a list of the DOT properties in the I-395 Corridor from NW 2"d Avenue to
Biscayne Boulevard and under 1-95 form 5"' Street to I-395 as requested by Mr. Judy.
"'70PW/CRA, U ` 1�
9:
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DOT does not own any land outside the Right of Way Corridor of I-395. Following is a
description of the areas under I-395 beginning at NW 2nd Avenue and running east of
Biscayne Boulevard. "Open" means the area is vacant under the
elevated road.
INTERSTATE HIGHWAY 395
FROM
TO
STATUS
NW 2°4 Avenue
NW 1" Court
Open
NW 1" Court
NW 1" Avenue'
Open
NW 1" Avenue (west of RR)
NW I" Avenue (east of RR)
Railroad R/W
NW 1" Avenue (east of RR)
NW Miami Court
Open
NW Miami Court
N Miami Avenue
Open
NW Miami Avenue
NE V Avenue
Embankment under
roadway open on south
side
NE I" Avenue
NE 2" d Avenue
Lots leased to
Offstreet parking. Now
closed.
NE 2"d Avenue
Biscayne Boulevard
Lots leased to
Offstrcet parking. Now
closed.
W. Flagler Street.
NW 4'h Street
NW 5" Street
NW 6'h Street
N W 7`h Street
NW Vh Street
TNI TERSTATE HIGHWAY 95
NW 4" Street
NW 5 h Street
NW 68i Street
NW 7d' Street
NW S`h Street
N W 12'1' Street
Lots leased to
Offstreet parking.
All lots active.
Used by Miami Police
Dept. (Mounted Patrol
Unit)
Used By M.P.D (Auto
Pound)
Used By M.P.D (Auto
Pound)
Used By M.P.D (Auto
Pound)
Embankment under
roadway
0 () -
JUL 24 2000 13:13
3053724646
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The Redevelopment Areas of fete City of Miami Community Redevelopment Agency
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JUL 24 2000 13:16 3053724646 PAGE.07