HomeMy WebLinkAboutR-02-0511J-02-442
4/25/02
RESOLUTION NO. 02— 511
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AUTHORIZING THE CITY MANAGER TO
EXECUTE AN ADDENDUM TO THE MEMORANDUM OF
AGREEMENT DATED NOVEMBER 6, 1980, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"),
AMENDING THE LEASE AREA TO EXCLUDE TWO PARCELS
OF LAND TOTALING 1,914 SQUARE FEET SO THAT FDOT
MAY DECLARE THE PARCELS SURPLUS AND SELL SAME
TO AN ADJACENT OWNER.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Manager is authorized" to execute an
Addendum to the Memorandum of Agreement dated November 6, 1980,
in substantially the attached form, with the Florida Department
of Transportation ("FDOT"), amending the lease area to exclude
two parcels of land totaling 1,914 square feet so that FDOT may
declare the parcels surplus and sell same to an adjacent owner.
1 The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including but not
limited to those prescribed by applicable City Charter and Code
provisions.
CITY COMM SIGN
MEETING F
2002
�L;sc�tivn, I�ba.
02- 511
- x
Section 2. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.�'
PASSED AND ADOPTED this 9th day of May , 2002.
ATTEST:
PRISCILLA A. TH MPS N
CITY CLERK
APPR0�0 FORM D CORRECTNESS:
LO
Y ATTORNEY
W6227:tr:LB
21 If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted. If
the Mayor vetoes this Resolution, it shall become effective immediately
upon override of the veto by the City Commission.
Page 2 of 2
02- 511
ADDENDUM TO MEMORANDUM OF AGREEMENT BETWEEN THE STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF
MIAMI
THIS ADDENDUM is made this day of , 2002, by and
between the State of Florida Department of Transportation (the "Department") and the
City of Miami ("City") to amend the attached Memorandum of Agreement, as follows.
WHEREAS, Department and City are parties to that certain Memorandum of
Agreement, dated November 6, 1980 (the "Memorandum of Agreement"); and
WHEREAS, in the Memorandum of Agreement the Department gives the City a
lease for ninety-nine (99) years for the use of land as depicted in attached Exhibit "D" of
the Memorandum of Agreement; and
WHEREAS, the City caused a parking lot to be constructed on a portion of the
leased property; and
WHEREAS, the space to be excluded as per Exhibits "A" and `B" attached hereto
lie outside the parking lot improvements;
WHEREAS, Department and City desire to modify the Memorandum of
Agreement as hereinafter set forth.
NOW, THEREFORE, in consideration of the premises, and for other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
Department and City, agree to be legally bound, and hereby agree as follows:
1. The above recitals are true and correct and are hereby incorporated and
referenced as if fully set forth herein. Unless otherwise indicated, all
capitalized terms in this Addendum shall have the respective meanings given
them in the Memorandum of Agreement.
2. The Memorandum of Agreement is modified in the following respects:
(a) Section 3 is hereby modified as follows:
(1) the space is amended to exclude approximately 8 square feet
as legally described and shown in Exhibit "A".
(2) the space is amended to exclude 1,906 square feet as legally
described and shown in Exhibit `B".
3. All references in the Memorandum Agreement to the "Memorandum of
02- 511
Agreement" or the "Agreement" shall hereafter refer to the Memorandum of
Agreement, as modified by this Addendum.
4. Department and City represent to each other as follows:
(a) Except as modified herein, all of the terms and provisions of the
Memorandum of Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed, the day and year first above written.
APPROVED AS TO FORM,
AND LEGALITY:
District Counsel
DEPARTMENT
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
M.
District Secretary
Print Name
Attest: (SEAL)
Executive Secretary
02-- 511
ATTEST:
Priscilla A. Thompson
City Clerk
APPROVED AS TO INSURANCE
REQUIREMENTS:
R. Sue Weller, Acting Director
Risk Management Department
CITY OF MIAMI, a municipal corporation
of the State of Florida
Carlos A. Gimenez
City Manager
APPROVED AS TO FORM AND
CORRECTNESS:
Alejandro Vilarello
City Attorney
®2- 511
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That portion of Lot 6, Block 41 South. "' O O
A.L. KNOWLTON MAP OF MWril , accordin to the Plat
thereof or, recorded in Plot Book B, at Page 41, of
Public records of Miami—Dodo County, Florida. Lying Y
Easterly of the Easterly limited access Right—of—Way line
of Interstate 95 as shown on the Right—of—Way Map
Recorded in Plat Book 83, at Page 21, of the Public
records of Miami—Dade County. Lying and Being in Miami—Dade J
County, Florida, Containing 8 sg,ft, more or less
SOUTH LINE LOT 6, BLK 415 Q
LIGM: N 89'54'32" W J I
P.B. DENOTE PLAT BOOK 1.66 1
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BLK DER07ES BLOCK
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02- 511
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•AL KNOWLTON MAP OF MUMi, aceordin to the Plat
thereof as recorded in Plat book B, at Page 41, of d I
Public records of Miami—Dade County, florida. Lying I
Easterly of the Easterly Limited access Right—of—Way line I
of Interstate 95 as shown on the Right—of--Way Map i
Recorded in Plat Book 63, at Page 21, of the Public t
records of Miami --Dade County, Lying and Being in Miami—Dade I
County, florida, Containing 1.906 sq. ft. more or less I
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P.H. DENOM PL? BOOK
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ELK DSNOTIS BLOCK
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LAND SU LMD — 3240
PHONE No.(954)4W-7010 FAX 1
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DATE: KATE ^-'t'�
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EXHIBIT "C"
SEC-
- STATE POAD 9, I-95
DADE COUNTY
PARCEL NUtSER
MEIXIRANDUM OF AGREEI?EIIT
Section 1-95
THIS AGREEMENT, made and entered into this (04;) day of
19'10 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a
component agency of the State of Florida, hereinafter called the "Department", and
the CITY OF MIAMI, FLORIDA, hereinafter Called the "City";
WITNESSETH:
WHEREAS, the Department has acquired sufficient legal right, title and interest
in the right of way of I-95 shown in Exhibit "A", attached hereto and by this
reference made part hereof, on which the City proposes to construct facilities for
park purposes; and
WHEREAS, there are certain areas in the vicinity of S.W. 4th Street under an
elevated section of Interstate Highway I-95 which are adequate for the construction
of park facilities; and
WHEREAS, the proposed use below the grade line of the highway facility will
not impair the full use and safety of the highway; or require or permit vehicular
access to such space directly from the established Trade line of said highway; or
interfere with the free flow of traffic on said highway; or will not result in
violation of Part 626 of the Regulations of the Administrator, Federal Aviation
Acency, as amended; and
WHEREAS, the City has requested that the said areas be used for park purposes.
NOW, THEREFORE, it is mutually agreed by and between the State of Florida
Department of Transportation and the City of Miami, Florida, that for and in
consideration of the premises, it is mutually agreed as follows, to wit:
1. The Department hereby leases to the City as the Party responsible for
developinq and operating the saace, subject to the Department's right to maintain
its expressway facilities, all those rights here and above described subject further
to the right of the Department to use such space as necee•sary for maintenance of
such expressway facilities and further subject to the condi�.ions and terms herein
contained.
2 That the term of this lease shall be for a period of ninety-nine (99) years
unless sooner terminated as hereinafter orovided for use as a public Park facility.
02- 511
3. Attached hereto and by this reference made a part hereof is Exhibit "A"
which is the location sketch of parcel to be leased for this City park facility to
be constructed under the elevated right-of-way shown in Exhibit "A", attached
hereto.
A. Attached hereto and by this reference made a part hereof is Exhibit "B" S "C"
which is the legal description of that part of the right-of-way shown in Exhibit
"A", attached hereto that abuts the Miami River.
5. Structures authorized to occupy the space will be of fireproof construction
in accordance with the provisions of local applicable building codes found to be
acceptable by the Department and Federal Highway Administration hereinafter called
the NINA, and will riot be used for the manufacture or storage of flammable, explosive
or hazardous material, or for any occupation which is deemed by the Department or the
FH;•tA to be a hazard to highway or non highway uses, and the operation and maintenance
of the space will be subject to regulation by the Department to protect against
fires or other hazards impairing the use, safety and appearance of the highway.
In cases where the Department or the FHWA questions the acceptability of the
existing code, conformance with a nationally accepted model code will be required.
Further, the occupancy and use of space the highway shall not be of such as
will permit hazardous or unreasonably objectionable smoke, fumes, vapor or odors
to rise above the grade line of the highway;
Additionally, where the proposed use of the space below the grade line of the
highway requires additional highway facilities for the proper operation and
maintenance of the highway, they shall be provided without cost to either the
Department or the FHWA.
6. The City shall obtain prior approvfl from the Department and the FHWA prior
to making any significant revision in the design or construction of the City park
facility shown in Exhibit "A", attached hereto.
7. The City shall obtain prior approval from the,Department and the FHWA prior
to making any change in the authorized use of space as provided by this agreement.
8. The City understands and hereby agrees not to sublease or assign the space
herein, or any portion thereof, except upon prior approval in writing by both the
Department and the FHWA.
9. It is understood and agreed to by the City that this Agreement will be
revocable in the event that the City park facility ceases to be used or is abandoned.
-2- 02- 511
10. It is understood and agreed to by the City that the Department.reserves
the right to revoke this lease without liability, in the event the City violates
any of the conditions of this Agreement and such violation is not corrected within
thirty (30) days after written notice of non compliance has been given. Further,
that in the event the Agreement is revoked and the Department deems it necessary
to request the removal of the facility occupying the space, the removal shall be
accomplished by the responsible party in a manner prescribed by the Department at
no cost to the Department or the FHWA.
11. The City does hereby covenant and agree to indemnify, defend, save and hold
harmless the Department and FHWA from any claims, demands, or liabilities of any nature
whatsoever arising out of or because of this Agreement, and from any and all damages
to the roadway structures by fire or other accident or casualty and assumes specific
responsibility for payment of any related damages occurring to the highway facility
and to the public for personal injury, loss of life, and property damage, and does
accept the full responsibility for any falling debris, or injury that may result
from spills of any kind from the highway structure.
Further, the City agrees that it will require contractors constructing facilities,
paving and making improvements contemplated by this Agreement to maintain such
insurance as will protect the Department from claims under the Workmen's Compensation
Act and from any other claims for property damage, personal injury and bodily injury
including death, which may arise from any construction pursuant to this Anreement.
Such coverage shall be in an amount not less than Two Hundred Thousand Dollars
(5200,000.00) for damages suffered by any one person and Five Hundred Thousand Dollars
(S500,000.00) -for any (1) accident. Certificate of such insurance shall be filed
with the District office of the Department and subject to its approval.
12. It is understood and agreed by the City that representatives of the
Department and the FHWA have the right of ingress and egress over, upon and across
the space facility for the purpose of inspection, maintenance or reconstruction of
the highway and adjacent facilities when necessary.
13. It is understood and agreed by the City that the park facility occupyinq
the space will be maintained 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, and that such maintenance will be accomplished in a manner
so as to cause no unreasonable interference with highway use. In the event the City
fails in its maintenance obligations, then the Department is authorized to enter the
oremises, perform the necessary maintenance and receive payment from the City upon
presentation of an invoice for actual cost to perform same. 02- 5 1.1.
-'-
and Title 49, Code of r ral Regulations 21, the City itself, its assignees and
successors in interest agrees as follows:
a. That as a part of the consideration hereof, does hereby covenant
and agree as a covenant running with the land that (1) no person, on the around of se
race, color, or national.origin shall be excluded from participation in, be denied
the benefits of, or be othen+ise 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 City
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 3 (15 C.F.R., Part 3) and as said Regulations may
be amended.
b. That in the event of breach of any of the above nondiscrimination
covenants, the Department shall 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.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
the day and year first above written.
WITNESSES: STATE OF FLORIDA
As to the Department
As to the City
APED 'AS(TO'F8 AND CORP.ECTNES}4
\4V—
This nstrume:nt Excuted Pursuant to
Resolution(No. 80-244
-4-
DEPARTMENT%QE .ANSP RRTATION
Q
Deputy retary for Administratioi
ATTEST: S e i
x utive Sect
etary
4 THE CITYp{ �A t, FLORIDA/
By -
City ger q
AT�f ' Seg
Ci 7 Verk
L.La.u,lr.,...( yr
02- 511
LEGAL DESCRIPTION OF AREA TO BE LEASFD FROM. D.O.T.
Cor..-nence at the intersection of the easterly R/W line of SW 4th Ave.
and the northerly R/W line of SW 4th St., said point being also the
southwesterly Block corner of BLK 27 S of A.L. KNOWLTON MAP OF MIAMI
as recorded in Plat Book "B" at Page 41 of the Public Records of
Dade County, Florida; thence along the northerly R/W line of SW 4 St.
N 870 56' 55" E 324.50 feet to the point of intersection with the
northeasterly R/W line of S.W. South River Drive (unopened) as shown
on the plat of RIVERSIDE WATERFRONTS as recorded in Plat Book 25 at
Page 72 of the Public Records of Dade County, Florida; thence along
said northeasterly R/W line of SW South River Drive N 260 54' 23"
W 48.57 feet to the point of intersection with the L.A. P./W line of
N -S Expressway (I-95) according to the plat thereof, as recorded in
?lit Book 83 at Page 215 of the Public Records of Dade County, Florida
said point also being the Point of Beginning of the hereinafter
described parcel; thence continuing along said L.A. R/W line of I-95
1; 210 13' 45" E 137.92 feet to the point of intersection with the U.S.
Harbor line of the Miami River as established by the U.S. Corps of
Engineers, (1933), said U.S. Harbor Line also being the platted line
o: said R_T4-Z,SIDE WATERFRONTS; thence along said Harbor Line
S 320 49' 05" E 5.00 feet to U.S. HARBOR LINE PT. X33 -A; thence
continue along said U.S. Harbor Line S 41° 07' 04" E 214.41 feet to
the point of intersection with the easterly prolongation of the
northerly RIW line of SW 4th St., thence along the northerly R/W
line of said SW 4th St., and its easterly prolongation thereof,
S 870 56' 55" W 139.83 feet to a point of curvature; thence•westerly
and northwesterly along the arc of \a curve concave to the northeast
having a radius of 50 feet and a central angle of 650 08' 42" for an
arc distance of 56.85 feet to a point of tangency with the north-
easterly R/W line of said S.W. South River Drive; thence
N 26° 54' 23" W along said northeasterly R/W line of SW South River
Drive 16.63 feet to the Point of Beginning.
8
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TO
FROM
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and DATE
Members of the City Commission
SUBJECT:
s nez
City Manage REFERENCES:
ENCLOSURES:
RECOMMENDATION:
CA -2
APR 2 9 2302
FILE:
FDOT — Addendum to Memo -
random of Agreement - the
return of two spaces
The administration recommends that the City Commission adopt the attached Resolution
authorizing the City Manager to execute an Addendum to the Memorandum of Agreement dated
November 6, 1980, in substantially the attached form, between the City of Miami and the State of
Florida Department of Transportation for the purpose of amending the lease area to exclude 2
parcels of land totaling 1,914 SF so that FDOT may declare said parcels surplus and sell same to
an adjacent owner.
BACKGROUND:
The City of Miami entered into a Memorandum of Agreement with the State of Florida
Department of Transportation ("FDOT") on November 6, 1980 for a term of ninety-nine (99)
years for the use of certain FDOT right-of-way for public purpose. The City caused a parking lot
to be constructed on a portion of the leased property.
Publix Supermarkets is in the process of constructing a new supermarket at approximately SW 7
Street and 3 Avenue, adjacent to the parking lot. They have requested FDOT convey two parcels
of land containing 8 SF and 1,960 SF, respectively, so it may be included within their
development. Since these parcels lie within the area leased by the City, FDOT is requesting that
we amend the legal description of our leased property to delete reference to these two parcels so
that they may sell these parcels to the adjacent owner for development of the new Publix
Supermarket. It should be noted that these two parcels lie outside the boundaries of the parking
lot and will have no negative impact on the operation of the parking lot.
FISCAL IMPACT:
There is no financial impact to the City.
CAG/ftk4/pgf Cover Memo CC FDOT - two spaces
02- 511