HomeMy WebLinkAboutR-00-0028J-99-1028
1/3/00
RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT (S) AUTHORIZING THE CITY
MANAGER TO EXECUTE A CITY DEED AND'ANY AND
ALL OTHER DOCUMENTS NECESSARY TO TRANSFER FEE
SIMPLE OWNERSHIP TO THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION ("FDOT") OF
APPROXIMATELY 20,724 SQUARE FEET OF
CITY -OWNED LAND LOCATED ALONG BISCAYNE
BOULEVARD, MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF, FOR. CONSTRUCTION OF CERTAIN
IMPROVEMENTS TO BISCAYNE BOULEVARD ALSO KNOWN
AS STATE ROAD NO. 5 AND U.S 1, SUBJECT TO
FDOT LEASING SAID PROPERTY BACK TO THE CITY;
FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE A LEASE, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH FDOT TO LEASEBACK SAID
PROPERTY AT ONE DOLLAR PER YEAR UNTIL SUCH
TIME AS CONSTRUCTION OF THE IMPROVEMENTS TO
BISCAYNE BOULEVARD COMMENCE.
WHEREAS, the State of Florida Department of Transportation
(FDOT) is finalizing plans for the construction and improvement
of Biscayne Boulevard also known as State Road No. 5 and U.S. 1,
Financial Project 2498351, Section No. 87030-2587 in Miami -Dade
County, Florida; and
WHEREAS, it is necessary that certain lands now owned by the
City of Miami, be acquired by the FDOT to enable the construction
and improvement by FDOT of said road improvements to serve the
best interest of the general welfare of the City of Miami and its
inhabitants;
ATTACHMENT
CONTAINED
CITY COMMISSION
MEETING OF
JAN 1 3 2,900
Resolution No.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized" to
execute a deed and all necessary documents to transfer fee simple
ownership to the State of Florida Department of Transportation
("FDOT") of approximately 20,724 square feet of City -owned
property located along Biscayne Boulevard, more particularly
described in Exhibit "A" attached hereto and made a part hereof
(the "Property") for the construction and improvement of Biscayne
Boulevard also known as State Road No. 5 and U.S. 1 in Miami -Dade
County, Florida, subject to FDOT leasing the Property back to the
City.
Section 3. The City Manager is hereby further
authorized" to execute a lease, in substantially the attached
form, with FDOT to leaseback the Property at one dollar per year
until such time as construction of the improvements on Biscayne
Boulevard commence.
l� 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.
Page 2 of 3 0r 028
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor./
PASSED AND ADOPTED this 13th day of January , 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, sir?c€= the Mayor did not info;cate ep^r^ gal of
this legislation by signing it in the designated piecemlvid'-A, said, ,,xi
becomes effective with the elapse of tan (10) days m the d -t of Cornmissk --Sion
regarding same, without the Mayor exercis' gA J ��
ATTEST:
WALTER J. FOEMAN
CITY CLERY00%
CORRECTNESS
R VI
CTO CLERK
3981:RCL:hdb
r J. Foeflftp4litv Clerk
zi 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 3 of 34 k— ' 8
0
EXHIBIT "A"
PARCEL 100
E
PROJECT 87030-2587
A'strip of land 65..00 feet in width, lying East of and adjoining to
the Bast Flight of Way line of State Road Number 5 (Biscayne
Boulevard) as shown. on MARITIME ARENA, a plat as'recorded in Plat
Book 154. at Pa!3e 37 of the Public Records.oE Miami -Dade County,
Florida and also shown in the Municipal Atlas, City of Miami,. Sheet
Number 23 -AN, lying in Section 37, Township 53 South, Range 42
East, and Section 31, Township 53 South, Range 42 East, City of
Miami, Miami -Dade County, Florida, being more particularly
described as follows:
Bounded on the North by the Easterly prolongation of the centerline
of 'N.E. 9th Street as shown on the above mentioned plat and
Municipal Atlas sheet;
bounded on the --South by the North Limit line of said plat of
MARITIME ARENA, which lies 6.25 feet North of, as measured at right
angles and parallel with the Easterly prolongation of the North
Right of Way line of N.E. 8th Street.
bounded ori the West by the said East Right of Way line of State
Road Number.5 (Biscayne Boulevard) as shown on the above mentioned
plat and Municipal, Atlas Sheet; and
bounded on the East by a line lying 65.00 feet East of and parallel
with the above mentioned East Flight of. Way line.
Containing 20,724 square feet, more or less.
OH/06/17/99
6.0- V
Page 2 of EXHIBIT "A'1
•. •• PRV7:Gf Nn.
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O F WAMI c so, I", fig, ¢ro• --
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u
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I �'• aF Nllul 1T,.3 3wre T. wo. 21. w.
BISCAYNE r BOULEVARD (S. R.5 (U. S. I) e.. -.L.rtl.;~,
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IT N pl°4f Of tuf.
— PCIT LTJIT7
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\{ G•95•rsl ��� - f•. a. +°f r0, 30, r•E. 6. rc. 41
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R/W LINE _ _ c1:.T lie _ om .
ti W lr • wr;cl r.L ATLAS nry Cf .,..I tNLjf N7. 33'u..
TRACT "A'
to O S�TT7:
ALTI SCO real M 4•CdT 3 KTIIW0.iTw
woL COUNTY 0411,11"[1° 1,I4 Poor TNf4E•%
pAFCcI HO. OWNER'S NATE AA[A TaRCN A�w(.NOEA CCMENiS�
•.IU) flTr •A".MI Au: :O. .'.e .r.ID._3+_'I_
a l' Pus STATION s1 �1rd
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TRA-` T 'A
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r
NEW WORLD CENTER
BICENTENNIAL PARK
�:',8.1401 PC -50
NOTLr PAOC.rI, Dl Ut NS17NC IND aC and,16i n..
C+LciILATEO u•ILiii OT.cm.j.E NOTcn:
THIS IS NOT A SURVEY
FLORIDA OEPARTtENt OF TNA11500ATATION
410°T OF µT IMP[IN4
RIGHT OF WAY PARCEL SKETCH
STATE 1140 NO. S r1 ArI•a.OL 00.91"
Z ':;�� PARCEL 100
•• •• ICI..;. � r .•
�. w•.1. r, rreu uw.l•.,m• _
r.r. [.• r.w.lu t[Crlr ■>°It-fll WCLf 1 N 1
03-BSD.05
This instrument prepared by,
or under the direction of,
D. Michael Schloss, Esq.
District General Counsel
State of Florida
Department of Transportation
1000 N.W. 111th Avenue
Miami, Florida 33172
August 11, 1999 - NE
C I T Y
Parcel No. :100.1
W.P.I. Segment No.:2498351
(87030-2587)
Managing District :6
D E E D
THIS DEED, made this day of 1 199 by
the City of Miami, a municipality of the State of Florida, grantor,
to the STATE OF FLORIDA DEPARTMENT. OF TRANSPORTATION, grantee:
(Wherever used herein the terms "grantor" and "grantee" include all
the parties to this instrument and the heirs, legal representatives
and assigns of individuals, and the successors, and, assigns of
organizations).
WITNESSETH: .That the grantor, for and in consideration of the
sum of $1.00 and other valuable considerations, receipt and
sufficiency being hereby acknowledged, hereby grants, bargains,
sells, aliens, remises, releases, conveys and confirms unto the
grantee, all of Grantor's right, title and interest in and to that
certain land situate in Miami -Dade County, Florida, viz:
PARCEL 100 PROJECT 87030-2587
A strip of land 65.00 feet in width, lying East of and adjoining to
the East Right of Way line of State Road Number 5 (Biscayne
Boulevard) as shown on MARITIME ARENA, a plat as recorded in Plat
Book 154 at Page 37 of the Public Records of Miami -Dade County,
Florida and also shown in the Municipal Atlas, City of Miami, Sheet
Number 23 -AN, lying in Section 37, Township 53 South, Range 42
East, and Section 31, Township 53 South, Range 42 East, City of
Miami, Miami -Dade County, Florida, being more particularly
described as follows:
Bounded on the North by the Easterly prolongation of the centerline
of N.E. 9th Street as shown on the above mentioned.plat and'
Municipal Atlas sheet;
bounded on the South by the North Limit line of said plat'of
MARITIME ARENA, which lies 6.25 feet North of, as measured at right
angles and parallel with the Easterly prolongation of the North
Right of Way line of N.E. 8th Street.
bounded on the West by the said East Right of Way line of State
Road Number 5 (Biscayne Boulevard) as shown on the above mentioned
plat and Municipal Atlas Sheet; and
bounded on the East by a line lying 65.00 feet East of and parallel
with the above mentioned East Right of Way line.
Containing 20,724 square feet, more or less.
OH/06/17/99
1 of 4
My Commission Expires:
Serial No., if any:
i
2 of 4
i
TOGETHER with all
tenements, hereditaments and appurtenances
thereto belonging or in
anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
IN WITNESS WHEREOF,
the said grantor has caused these presents
to be executed in its
name by its Manager, and its seal to be
hereto affixed, attested
by its City Clerk, the date first above
written.
ATTEST:
The City of Miami
(Signature)
By:
(Print/Type)
(Signature).
(Address)
,(Print/Type)
(Address)
(Address)
Its City Clerk
(Address)
City Manager
STATE OF FLORIDA
COUNTY OF
The foregoing instrument
was acknowledged before me this
day of
199, by
Mayor, who is personally
known to me or who`has produced
as identification, and who did (did not)
take an oath.
(Signature)
(Print/Type)
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
i
2 of 4
i
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION®
LEASE AGREEMENT
W.P.I./SEGMENT NO.:
MANAGING DISTRICT:
F.A.P. NO.: N/A
STATE ROAD NO.:
COUNTY.: DADE
PARCEL NO.: 100
FORM 575.060-33
RIGHT OF WAY - 06/99
Page 1 of 4
2498351(87030-2587)
5/US1
THIS AGREEMENT, made this day of by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, (hereinafter called the Lessor),,and City of Miami
(hereinafter called the Lessee.)
WITNESSETH:
In consideration of One Dollar ($1.00) and other good and valuable considerations, the Parties agree as follows:
1. Property and Term.
Lessor does hereby lease unto Lessee the lands described in Exhibit "A", for a term of
beginning and ending . This
Agreement may be renewed for an additional term at Lessee's option, subject to the rent adjustment as
provided in Paragraph 3 below. Lessee shall provide Lessor days advanced written notice of its \\
exercise of the renewal option.
If Lessee holds over and remains in possession of the land after the expiration of the term specified in this Lease, or
any renewals of such term, Lessee's tenancy shall be considered a tenancy at sufferance, subject to the same terms and
conditions as herein contained in this Lease.
This Lease is subject to all utilities in place and to the maintenance thereof as well as any other covenants,
easements, or restrictions of record.
This lease shall be construed as a lease of only the interest, if'any, of Lessor, and no warranty of title shall be deemed
to be given herewith.
2. Use. The leased land shall be used solely for the purpose of parking or any other lawful purpose .
If the land is used for any other purpose, the Lessor shall have the option of immediately terminating this Agreement.
Lessee shall not permit any use of the land in any manner that would obstruct or interfere with any transportation
facilities.
The Lessee will further use and occupy said premises in a careful and proper manner, and not commit any waste
thereon. Lessees will not cause, or allow to be caused, any nuisance or objectionable activity of any nature on the
premises. Any activities in any way involving hazardous materials or substances of any kind whatsoever, either as those
terms may be defined under any state or federal laws or regulations or as those terms are understood in common usage,
are specifically prohibited. The Lessee will not use or occupy said premises for any unlawful purpose and will, at
Lessee's sole cost and expense, conform to and obey any present or future ordinances and/or rules, regulations,
requirements and orders of governmental authorities or agencies respecting the use and occupation of said premises.
3. Rent. Lessee shall pay to Lessor as rent, on or before the first day of each rent payment period, the sum of
one dollar plus tax, for each year of the term. If this Agreement is terminated prior to
the end of any rent payment period, the unearned portion of any rent payment, less any other amounts that may be owed
to Lessor, shall be refunded to Lessee. Lessee shall pay any and all state, county, city and local taxes that may be due
during the term hereof, including any real property taxes. Rent payments shall be made payable to the Department of
Transportation and shall be sent to Right of Way Administration, 1000 NW 111 Avenue #6116 Miami FL 33172
The Lessor reserves the right to review and adjust the rental fee biannually and at renewal to reflect market conditions.
Any installment of rent not received within ten (10) days after the date due shall bear interest at the highest rate allowed
FORM 575-060-33
RIGHT OF WAY
Page 2o(4
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. Improvements. No structures or improvements of any kind shall be placed upon the land without prior approval
in writing by the District Secretary for District YT of Lessor. Any such structures or improvements shall be constructed in
a good and workmanlike manner at Lessee's sole cost and expense. Subject to any landlords lien, any structures or
improvements constructed by Lessee shall be removed by the Lessee, at Lessee's sole cost and expense, by midnight on the
day of termination of this Agreement and the land restored as nearly as practical to its condition at the time this agreement
is executed. Portable or temporary advertising signs are prohibited.
Lessee shall perform, at the sole expense of Lessee, all work required in the preparation ofsthe property or premises
hereby leased for occupancy by Lessee, in the absence of any special provision herein contained to the contrary; and Lessee
does hereby accept the leased property or premises as now being in fit and tenantable condition for all purposes of Lessee.
Lessor reserves the right to inspect the leased area and to require whatever adjustment to structures or improvements
as Lessor, in its sole discretion, deems necessary. Any adjustments shall be done at Lessee's sole costs and expense.
5. Maintenance. Lessee shall keep and maintain the land and any building or other structure, now or hereafter erected
thereon, in good and safe condition and repair at Lessee's own expense during the existence of this lease, and shall keep the
same free and clear of any and all grass, weeds, brush and debris of any kind, so as to prevent the same becoming dangerous,
inflammable or objectionable. Lessor shall have no duty to inspect or maintain any of the land, buildings or other structures,
if any, during the term of this Lease; however, Lessor shall have the right, upon twenty-four (24) hours notice to Lessee, to
enter the property for purposes of inspection, including conducting an environmental assessment. Such assessment may
include but would not be limited to: surveying; sampling of building materials, soil and groundwater; monitoring well
installations; soil excavation; groundwater remediation; emergency asbestos abatement; operation and maintenance
inspections; and, any other action which might be reasonable and necessary. Lessor's right of entry shall not obligate
inspection of the property by Lessor, nor shall it relieve the Lessee of its duty to maintain the property. In the event of
emergency due to a release or suspected release of hazardous waste on the premises, Lessor shall have the right of immediate
inspection, and the right, but not the obligation, to engage in remedial action, without notice.
6. Indemnification. Lessee shall indemnify, defend, save and hold Lessor, its agents and employees, harmless of
and from any losses, fines, penalties,'costs, damage, claims, demands, suits and liabilities of any nature, including attorneys
fees (including regulatory and appellate fees), arising out of, because of, or due to any accident, happening or occurrence on
the leased land or arising in any manner on account of the exercise or attempted exercise of Lessee's rights hereunder, whether
the same regards person or property of any nature whatsoever, regardless of the apportionment of negligence, unless due to
the sole negligence of Lessor.
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 mail. Only an adjudication or judgment after the highest 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.
7. Insurance. Lessee at its expense, shall maintain at all times during the term of this Lease, public liability insurance
protecting Lessor and Lessee against any and all claims for injury and damage to persons or property or for the loss of life
or property occurring in, on or about the land arising out of the act, negligence, omission, nonfeasance or malfeasance of
Lessee, its employees, agents, contractors, customers, licensees and invitees.. Such insurance shall be carried in a minimum
amount of not less than ($ ) for bodily injury
or death to any one.person or any number of persons in any one occurrence and not less than
($ ) for property damage. All such policies shall be issued by companies of recognized responsibility
licensed to do business in the State of Florida and all such policies shall contain a provision whereby the same cannot be
028
FORM 575-060-33
RIGHT OP WAY
Page 3 of d
canceled or modified unless Lessor is given at lease sixty (60) days prior written notice of such cancellation or modification.
Lessee shrill provide Lessor certificates showing such insurance to be in place and showing Lessor as additional named
insured under the policies. Lessor may require the amount of any public liability insurance to be maintained by Lessee be
increased so that the amount thereof adequately protects Lessor's interest. Lessee further agrees that it shall during the full
term of this Lease and at its own expense keep the land and any improvements on the land fully insured against loss or
damage by fire and other casualty. Lessee also agrees that it shall during the full term of this Lease and at its own expense
keep its contents and personal property located on the land fully insured against loss or damage by fire or other casualty and
does hereby release and waive on behalf of itself and its insurer, by subrogation or otherwise, all claims against Lessor arising
out -of any fire or other casualty whether or not such fire or other casualty shall have resulted in whole or in part from the
negligence of Lessor.
8. Eminent Domain. Lessee acknowledges and agrees that its relationship with Lessor under this Lease is one of
Landlord and Tenant and no other relationship either expressed or implied shall be deemed to apply to the parties under this
Lease. Termination of this Lease for any cause shall not be deemed a taking under any eminent domain or other law so as
to entitle Lessee to compensation for any interest suffered or lost as a result of termination of this Lease, including but not
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.
Lessee hereby waives and relinquishes any legal rights and monetary claims which it might have for full
compensation, or damages of any sort, including but not limited to special damages, severance damages, removal costs or
loss of business profits resulting from its loss of occupancy of the leased property specified in this Agreement, or adjacent
properties owned or leased by it, when any or all such properties are taken by eminent domain proceedings or sold under the
threat thereof. This waiver and relinquishment applies whether (i) this Lease is still in existence on the date of taking or sale;
or, (ii) has been terminated prior thereto.
MUM I•-•.
a. This Agreement may be terminated by Lessor immediately, without prior notice, upon default by Lessee
hereunder, and may be terminated by either party upon days prior written notice to the other party.
b. In the case of litigation arising out of the enforcement of any terms, covenants or provisions of this Lease, the
prevailing party shall be entitled to recover its reasonable attorneys' fees from the non -prevailing party.
c. Lessee acknowledges that it has reviewed this Lease, is familiar with its terms and has had adequate
opportunity to review this Lease with legal counsel of Lessee's choosing. Lessee has entered into this Lease freely and
voluntarily. This Lease contains the complete understanding of the parties with respect to the subject matter hereof. All prior
understandings and agreements, oral or written, heretofore made between the parties and/or between Lessee and the previous
owner of the leased property and landlord of Lessee are merged in this Lease, which alone, fully and completely expresses
the agreement between Lessee and Lessor with respect to the subject matter hereof . No modification, waiver or amendment
of this Lease or any of its conditions or provisions shall be binding upon Lessor or Lessee unless in writing and signed by
both such parties.
d. Lessee shall not sublet the leased property or any part thereof, nor assign this Lease, without the prior consent
in writing of Lessor, this Lease being executed by Lessor upon the credit and reputation of Lessee. Acceptance by Lessor
of rental from a third party shall not be considered as an assignment or sublease.
e. Lessee shall be solely responsible for all bills for electricity, lighting, power, gas, water, telephone and
telegraph services, or any other utility or service used on the land.
f This Agreement shall be governed by the laws of the State of Florida, and any applicable laws of the United
States of America.
g. All notices to Lessor shall be sent to the address for rent payments and all notices to Lessee shall be sent to
the property address.
FORM 575-060-33
RIGHT OF WAY - 06/99
Page 4 of 4
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above
written.
LESSOR
STA E O -FLORIDA
LEGAL REVIEW: DEP RTMEN,T OF TRANSPORTATION
istr' t Counsel
By:
je%6 ' "AA—Z,gEy
_1 c2 cc: Am re,%A-
Print Name
Attest: anA (SEAL)
Execut ve Secretary
By:
Title:
Attest:
Title:
Print Name
LESSEE
(SEAL)
RECYCLED PAPER
r;
ADDENDUM
THIS ADDENDUM is made this _ day of 1999, and is
incorporated into and made a pad of that certain Lease Agreement between the Plorida
Department of Transportation ("1 DOT) and the City of Miami, a municipality within
Dade County, Florida ("City'), executed simultaneously herewith (the "Agrccmont").
1. The second and tlurd sentences of paragrHphl which. read, "This Agreement may
be renewed for an additional term at Lessee's option, subject to the, rent
adjustment as provided in Paragraph 3 below. Lessee shall piovide Lessor.
days advance written notice of its exercise of the renewal option", arae hereby
cleleted and aubatituted by the following langlcage:
Leasee ie hereby granted optiorw to ren.eu: the Agreement for additional terms of
one (1) year each, upon the same terms and conditions set forth in this Lease.
Said options shall be decined to have been automatically ew.rciserl by T,pssee
unless Lessee gives Lessor notice of its election not to extead the terra of the
Agreenberi,t no later than one (1) month prior to the axpiration of the their current
term. Upon the Lessee exercising its option, the Term shall be deemed to include
the option period.
2. The last three sentences of paragraph 8 which read as follows are: hereby
deleted:
The Lessor eebcrvcs the right to review and adjust the rental fee biennally and
at renewal to reflect market conditions. Any installment of rent not received
within ton (10) days after the date due shall bear interest at the highest rate
allowed by law from the due date thereof. This provision shall not obligate
l.e:;.qnr to Flccept late rent payments or provide Lessee a grace period.
3. Notwithstanding anything to the contrary in paragraph 4, the parties agree
that: (1) Lessee shall be permitted to construct Fa parking lot on the lands
dP...,,-crihP,rl in F.xhihit "A" (the "PrnpFsrty"), And (2) upon tprinination of the.
Agreement, Leasee shrill use its . best efforts to remove tiny structures
constructed on the Property providers that Lessee shall not be required to
removo landscaping, lighting, asphalt or drainage facilities on the Property.
GO-F�
•
•
4., Paragraphs 6 and 7 of the Agreement are hereby deleted in their entirety and
substituted by the following language.
Ind=.n-it-y and Tn.cu.ranrn. To the extent permitted by law and subject (o Ow
provisions of F.S. 786.28 Florida Statutes, the City shall indenwify, defend, and
hold harmless the FDO7' and all of its officers, agents and employees frorn arky
claire, toss, dctrnage, cost, charge, or expense arising out of the negligent act or
omission by City, its agents or employees during the performance of thin
Agreement, except that neitller City, its agents or its employees will be liable
under this paragraph for arty claim, loss, damage, cost, charge or expertise arising
out of any act, error, omission or negligent act by FDOT or any of its officers,
agents or employees.
5. Paragraph 9(a) of the Agreement ib hereby deleted in its entirety and
eubbtituted by the following language:
This Agreement rrr.ay be terminated by Lessee report providing thirty (30) days
prior wrillen notice to Lessor.
This Agreement me y be terminated by Lessor upon providing tool Less than ninety
(90) dnyc prior written. notice to Lessee for the purpose of commencing
construction of improvement along Biscayne Boulevard.
6. Notwithstanding paragraph 9(d), Leasee is hereby granted permission to permit
Calor Development, Ltd. to construct a parldng lot upon the Property and to
pormit Calor Development, Ltd. to manage and operate said parking lot
pursuauiL to a license agreecueut wiL•h the City.
7. Paragraph 9(g) of the Agreement is hereby deleted in itx entirety and
substituted by the following language:
All notices or olltirr carrarnurLiratiorte which may be, „reit pursuant to the.
Agreement shall be in writing and shall be deerned properly served, if delivered by
personal service or by M -ti fieri mail addressed to Lessor and Lessee tat the
address indicated herein or as the sante may be changed from time to tinge.
Notice .riven ill. Compliance with this Scclioa shall be deemed when persunally
delivered to the office or when placed in the mail.
LESS
FDOT
Rights-uf--Way Adrninistralion
7000 NW 111 Auenue, Suite 6116
Miami. FT, 33172
2
LESSE
City of :tfininI
City Manager
444 S5'2 Auenue, 10," floor
Miami, FL 33130
V
0
COPY TO
City of Mrarni
Office of Asses Manageme-ra
ddd SSW 2 Avenue, 3rd .Floor
Miami, FL 83130
�. The State of. Florida bas appointed an Emergency !Financial. Oversight Board
(the "Overflight Hoard") which is empowered to review and approve all pending
City of Miami contracts. As a result, contracts Aball not be binding on the City
until such time as they have been approved by the Oversight Bolird. Attestation
of this Agreement by the City Clerk shall constitute evidence of approval by the
Overnight Board.
TN WITNESS WHEREOF, the parties hereto have caused these presents to,
be executed, the day and year fiat above written.
LESSOR_
STATE OFF ORIDA
LET REVIEW DEPARTIVIEI._'1' 010 T �NSPORTATION
By: ,
Dist ct S* cc etaiy
V' ►sda�f' Abreu,
Print Name and TWe
ATTEST-
Print Name and'Pitle
00— 028
XfTES'T:
Walter J. Foeman
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS
Alejandro Vilarello
City Attorney
11
LESSEE:
CITY OF MLANiI
Donald H. Warshaw
City Manager
TO The Honorable Mayor and
Members of the City Commission
FROM: �onald H. Warshaw
City Manager
RECOMMENDATION:
CITY OF MIAMI, FLORIDA 21
INTER -OFFICE MEMORANDUM
DATE: DEC 2 9 2000 FILE :
SUBJECT: Authorizing Conveyance of Land to
FDOT and Leaseback of Property
REFERENCESCOiIImiSSlon Meeting, Jan. 13, 2000
ENCLOSUREsResolution, City Deed, Lease Agreement
and Addendum
It is respectfully recommended that the City Commission adopt the attached Resolution authorizing the
City Manager to execute a City Deed and any and all other documents necessary to transfer fee simple
ownership to the State of Florida Department of Transportation (FDOT) of approximately 20,724
square feet of City -owned property located along Biscayne Boulevard, as more particularly described in
Exhibit "A" attached hereto and made a part hereof (the "Property"). This property is needed by the
FDOT for the purpose of constructing and improving Biscayne Boulevard [State Road No. (U.S.-1)].
This approval is subject to the City of Miami leasing back the Property from FDOT at $1/year until
such time as construction of the improvements on Biscayne Boulevard commence. This Resolution
further authorizes the City Manager to execute a lease, in substantially the attached form, with FDOT
for the purpose of leasing back the Property.
BACKGROUND:
FDOT is finalizing plans for the construction and improvement of Biscayne Boulevard [State Road No.
(U.S.-1)]. In order for FDOT to complete their construction it is necessary that certain lands now
owned by the City be acquired by the FDOT so that it may assume construction and improvement of
the roadway. These improvements include the widening of Biscayne Boulevard which will enhance and
beautify the entrance to Downtown Miami. FDOT will be responsible for all costs to construct the
improvements.
On October 26, 1999, the City Commission authorized the City Manager to enter into a license
agreement with Calor Development, Inc. for use of a portion of the property being conveyed to FDOT
for the purpose of providing interim parking for the new American Airlines Arena. Consequently,
FDOT has agreed to leaseback the Property to the City for $1 per year until such time as construction
of the improvements to Biscayne Boulevard commence.
,ZIIW14c
DHW:JFL:L mv:mFDOT sale-lease.doc
0®— WM