HomeMy WebLinkAboutM-97-0416CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
ro Honorable Mayor and Members .A.E June 3, 1997 r,LE
of the City Commission
SUBJECT Intedocal between the
City and MSEA
r=ROrA • % �• V / /�/ REFERENCES
A. Quinn Jan S, I11 City Commission :
City Attom� ENCLOSURES: Meeting June 9, 1997
Under cover of this memo is a copy of the revised Intedocal Agreement (6.2.97), by
and between the City of Miami and the Miami Sports and Exhibition Authority
(MSEA), (the "Intedocal"), which incorporates the modifications recommended and
approved by the members of the MSEA board at its meeting held on June 2, 1997.
For your convenience, new language is underlined and deleted language is
indicated by strike through. Specifically, the changes are as follows:
1. Section 1.2(xii) now includes "parking facilities" in the definition of the
"Project";
2. Section 2.2 now requires the City to undertake all reasonable efforts to apply
for grants, or other funds which may be available from Public Agencies, or third:
parties for purposes of funding the development, construction, operation, or,
maintenance of the Project, and further provides that the City shall be responsible for
compliance with all conditions pertaining to any funding grants, including reporting
requirements and that the Parties agree and acknowledge that none of the duties of
MSEA shall be construed to impose financial obligations or liabilities of any kind
upon MSEA, except to the extent of funds actually in its possession that were
derived as a result of the development, construction, management or operation of
the Project.
3. Section 2.3 now provides that neither the City nor the Authority shall be
required to expend funds other than Airport Revenue for the operation and %
maintenance of the Air Transportation Facility; '
4. Section 2.3 (iii) has been rephrased and now states that the CITY is to
establish policies and practices to minimize any negative impact upon the residents
of the area surrounding the Airport Area. which may be a direct result of the
development and operation of the Air Transportation Facility;
5. Section 6.2 now provides that a qualified "Firm" will be hired to provide
architectural and engineering services;
97 - 416
Honorable Mayor an, .Aembers June 3, 1997
and Members of the City Commission Page 2
6, Section 6.5 now provides that the Parties may terminate this Intedocal
Agreement if a sublease agreement is not executed by the Bureau within one
hundred and twenty (120) days from the date that the City Commission approves
this Interiocal Agreement;
7. Section 6.7. now requires the consent of the AUTHORITY in connection with
the City's right to subordinate_ the Intedocal Agreement;
8. Section 9.1 now requires the consent of the AUTHORITY in connection with
the City's right to sell, or mortgage the Property, and to transfer or delegate any of its
duties or obligations under this Intedocal Agreement, as may be permitted by law;
9. Section 10.5 now provides that all Improvements at the property shall be
designed so as to achieve an integrated site development which incorporates the Air
Transportation Facility and Regional Visitors Center in a manner which maximizes
the flow of visitors through the Air Transportation Facility and Regional Visitors
Center and the Adjacent Area;
10. Article 15 pertaining to insurance now provides that the limits of individual
;types of insurance coverage required of the subtenants, licensees and
concessionaires will be established by Risk Management, and that the City Manager
will not unreasonably withhold or delay any review and approval of such
requirements;
11. Section 16.3 conditions the parties right to terminate the Intedocal Agreement
in the event of damage or destruction occurring during the last five (5) years of the
term upon the rights which the subtenants may have under their respective
subleases, and any other existing contractual obligations, including but not limited to
any obligation existing pursuant to any bonds issued by the Authority or the City;
12.. Section 20.1 now includes in the definition of "a default' if the City defaults in
the due and punctual payment of any funds when due, and payable to the Authority
in accordance with the terms of the Intedocal Agreement, and such default continues
for more than Ten (10) days after the sum is due;
13. Section 21.1 now provides that the Authority may engage such other counsel
..,as. deemed. appropriate and approved by.a_four-fifths.vote of the:City Commission;
14. The provisions of Section 24.1 now provides for the warranties and
representations pertaining to Environmental matters will be provided by the
subtenants, licensees, concessionaires, and management entities under , their
respective contracts; and
15. A new Article was added (Article 26) which protects MSEA board members
and City officials from personal liability.
97— 416
Honorable Mayor and. .inbers
and Members of the City Commission
June 3, 1997
Page 3
Additionally, this revised Intedocal includes all the documents referenced in the
Interiocal as "attached" which were- previously unavailable at the time the Interlocal
went to print; specifically, the Survey, the Legal Description of the Property, and the
Letter of Intent.
CC: Edward Marquez, City. Manager
r Jack Luft, Director CPR
MSEA Board Members
F;Watson/Memocommission.doe JOB
97- 416
INTERL®CAL AGREEMENT
BY AND BETWEEN
THE CITY OF MIAMI
THE MIAMI SPORTS AND EXHIBITION'
AUTHORITY
97- 416
TABLE OF CONTENTS
STATE OF BACKGROUND AND PURPOSE
2
ARTICLE 1 - EXHIBITS AND DEFINITIONS
4
Section 1.1
Exhibits
4
Section 1.2
Defined Terms; Singular, Plural and Gender
4
ARTICLE 2 - PURPOSE
OF INTERLOCAL AGREEMENT
8
Section 2.1
Purpose of Interlocal
8
Section 2.2
Obligations of CITY and the AUTHORITY
8
Section 2.3
Goals and Responsibilities of the Parties Pertaining
to the Air Transportation Facility
9
Section 2.4
Creation of Fund
10
Section 2.5
Lease of Property to the AUTHORITY
10
Section 2.6
Title
10
ARTICLE 3 - THE TERM
11
Section 3.1
Initial Term
11
Section 3.2
Renewal Term(s)
11.
ARTICLE 4 - RENT
11
Section 4.1
Rent
11
ARTICLES - EASEMENTS 12
Section 5.1 Easement Granted to the AUTHORITY 12
Section 5.2 Limitations on Easement Rights 12
Section 5.3 Easement for Development of Other Areas
of Watson Island 14
Section 5.4 -Connection of the Air Transportation Facility
and Regional Visitors Center to Utilities 14
ARTICLES - USES
15
Section 6.1
Use of the Property
15
Section 6.2
Description of the Airport Area and the
Adjacent Area
15
Section 6.3
Uses Permitted at the Airport Area
16
Section 6.4
Uses Permitted at the Adjacent Area
16
Section 6.5
Condition Precedent Pertaining to the AUTHORITY'S
Obligations under this Interlocal Agreement
17
Section 6.6
The Party's Obligations Pertaining to the Issuance
of a Request for Qualifications or Invitation to Bid
17
JOMdrranleCont".aa
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Section 6.7 . Reservation of Right of CITY
18
ARTICLE 7 - PAYMENT FOR MUNICIPAL SERVICES
18
Section 7.1 Payment for Services
18
Section 7.2 Manner of Payment
20
ARTICLE 8 - CITY'S RIGHT OF ENTRY
20
Section 8.1 GINS Right of Entry
20
ARTICLE 9 - PARTICIPATION OF ADDITIONAL AGENCIES, ASSIGNMENTS AND
SUBLEASE AGREEMENTS 21
Section 9..1 Participation of Additional Public Agencies, Assignments
and Sale of Property 21
Section 9.2 Sublease Agreements 21
ARTICLE 10 - POSSESSION AND CONSTRUCTION OF FACILITIES
22
Section 10.1
Delivery of Possession of the Property
22
Section 10.2
Cooperation
22
Section 10.3
The Improvements
22
Section 10.4
Manner of Construction of Improvements
23
Section 10.5
Design, Concept Plans and Preliminary Drawings
23
Section 10.6
Review and Approval of Preliminary Plans
24
Section 10.7
Review and Approval of Construction Documents
25
Section 10.8
Performance and Pdyment Bonds
26
Section 10.9
Insurance
26
Section 10.10
Title of the Improvements
26
Section 10.11
CITY Property to Remain Free of Liens
27
Section 10.12
Prompt Payment of Materialmen and Suppliers
27
Section 10.13
Permits and Authorizations
27
Section 10.14
Parking
28
Section 10.15
Manner of Construction of Improvements Upon
the Adjacent Area
28
ARTICLE 11 - NOTICES
28
Section 11.1
Method of Addresses
28
ARTICLE 12. IMPOSITIONS
29
Section 12.1
Impositions as Additional Rent
29
ARTICLE 13 - MAINTENANCE, REPAIR AND ALTERATIONS
Section 13.1 Alterations, Improvements, and Changes Permitted
Section 13.2 Maintenance
Section 13.3 Repairs
Section 13.4 CITY'S Reservation of Rights
J0B/kdrrab1cC"de AL&C
29
29
30
30
30
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ARTICLE 14 - COMPLIANCE WITH APPLICABLE LAWS 30
Section 14.1 Legal Requirements 30
ARTICLE 15 - INSURANCE 31
Section 15.1 Property to be Insured 31
Section 15.2 Provisions 33
ARTICLE 16 - DAMAGE OF DESTRUCTION - 34
Section 16.1 Adequately Insured Damage Destruction 34
Section 16.2 Underinsured 35
Section 16.3 Damage or Destruction Occurring Toward End of Term 36
ARTICLE 17 - UTILITIES
36
Section 17.1 Payment of Utilities
36
ARTICLE 18 - GOVERNMENTAL PURPOSE AND FINANCIAL SUPPORT
.37
Section 18.1 Governmental Purpose and Financial Support
37
ARTICLE 19 - ABSENCE OF THIRD PARTY BENEFICIARIES
37
Section 19.1 No Third Party Beneficiaries
37
ARTICLE 20 - DEFAULT AND REMEDIES
38
Section 20.1 Events of Default
38
Section 20.2 Remedies
38
Section 20.3 No Waiver
38
Section 20.4 Remedies Cumulative
39
Section 20.5 Unavoidable Delay
39
ARTICLE 21 - LEGAL COUNSEL
40
Section 21.1 Legal Counsel
40
ARTICLE 22 - ATTORNMENT BY SUBTENANT AND NON -DISTURBANCE
BY CITY 40
Section 22.1 Cancellation of Termination of Interlocal Agreement 40
ARTICLE 23 - MORTGAGE FINANCING AND ISSUANCE OF BONDS
Section 23.1 Leasehold Mortgage
ARTICLE 24 - ENVIRONMENTAL
Section 24.1 Environmental Warranty of AUTHORITY
ARTICLE 25 - MISCELLANEOUS
Section 25.1 Section Captions
Section 25.2 Other Documents
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41
41
41
41
42
42
42
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t
Section 25.3
Counterparts
42
Section 25.4
Entire Agreement
42
Section 25.5
Severability
43
Section 25.6
Approvals and Consents
43
Section 25.7
Governing Laws
43
Section 25.8
Amendments
43
Section 25.9
Waiver of Jury Trials
43
Section 25.10
Quiet Enjoyment
44
Section 25.11
Surrender of Possession
44
Section 25.12
Attorney's Fees
44
ARTICLE 26 - NO PERSONAL LIABILITY
44
Section 26.1
Protection From Personal Liability
44
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97- 416
THIS INTERLOCAL AGREEMENT is made and executed this day of
1 1997, by and between the CITY OF MIAMI, a municipal corporation
of the State of Florida (the "CITY"); and the MIAMI SPORTS AND EXHIBITION
AUTHORITY, an independent and autonomous agency and instrumentality of the CITY
(the AUTHORITY).
r
STATEMENT OF BACKGROUND AND PURPOSE
WHEREAS, pursuant to the findings reported by Thompson Consultants
International in the Master Plan prepared in March of 1995, there is a demand for air
transportation services in the Greater Miami downtown area; and
WHEREAS, the CITY is owner, in fee simple of all that certain land located in
the Greater Miami downtown area, in Dade County, Florida known as "Watson Island";
and `\
WHEREAS, the CITY has completed a Master Plan Study for the development of
an Air Transportation Facility on Watson Island; and
WHEREAS, the CITY has requested assistance from the State of Florida, in the
form of a grant, for the costs of development and construction of the Air Transportation
Facility, and the State of Florida has appropriated certain funds for such assistance;
and
WHEREAS, the CITY will procure professional services for purposes of preparing a
strategic development plan to create a financially viable development plan for the Air
Transportation Facility on Watson Island; and
WHEREAS, under the authority of §211.057, F.S., .[now repealed; See §212.0305,
F.S.] the Miami City Commission, by Ordinance No. 9662, established the AUTHORITY
as an independent and autonomous agency and instrumentality of the CITY;
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97- 416
WHEREAS,, the AUTHORITY is empowered to acquire in its own name, real
property, and to lease, sell, and license real property, all in accordance with its stated
purpose; and
WHEREAS, on April 25, 1996, the Miami City Commission, passed and adopted
Resolution No. 96-281 authorizing and directing the City Manager to negotiate an
i
agreement between the CITY and the AUTHORITY, and designated the AUTHORITY
as the entity to coordinate the development of the Air Transportation Facility, and a
regional Visitors center on Watson Island; and
WHEREAS, the Greater Miami Convention & Visitors Bureau (the "Bureau") is the
officially designated marketing and sales organization for the visitors and convention
industry in Dade County; and
WHEREAS, the Bureau's mission is to attract visitors, who in turn contribute
substantially to the growth of the aviation industry and therefore it is a vital component
of the aviation industry in Dade County; and
WHEREAS, the Bureau has executed a letter of intent expressing its
commitment to enter into a sublease agreement with the AUTHORITY for purposes of
developing and operating a Regional Visitors Center and administrative offices as part
of the Watson Island Air Transportation Facility; and
WHEREAS, the CITY and the AUTHORITY, with funding assistance from other
parties, which will include the Florida Department of Transportation, and the Bureau
intend to develop,, construct and operate -the Air Transportation Facility and the
at Watson Island.
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NOW THEREFORE, in consideration of the benefits that will accrue to the
parties by virtue of this agreement and the respective terms and conditions contained
herein, the parties hereto agree as follows:
ARTICLE I
EXHIBITS AND DEFINITIONS
Section 1.1. Exhibits.
Attached or to be attached, as specifically indicated in this Interlocal Agreement,
are the following Exhibits which form a part of this Interlocal Agreement.
Exhibit A Survey (copy attached) (certified original filed with City Clerk)
Exhibit B Conceptual Site Plan (attached)
Exhibit C Legal Description of the Property (attached)
Exhibit D Legal Description of Airport Area (to be attached pursuant to the
provisions of Section 6.2 of this Interlocal Agreement)
Exhibit E Legal Description of Layout of Adjacent Area (to be attached
pursuant to the provisions of Section 6.2 of this Interlocal Agreement) .
Exhibit F Letter of Intent from the Bureau (attached)
Exhibit G Funding Agreement (to be attached pursuant to the provisions of
Section 6.5 of this Interlocal Agreement)
Exhibit H Joint Participation Agreement (FDOT and City of Miami) (attached)
Section 1.2. Defined Terms: Singular, Plural And Gender.
Any word contained in the text of this Interlocal Agreement shall be read as the
singular, or the plural and as the masculine, feminine or neuter gender, as may be
applicable in the particular context. More specifically, however, for the purposes of this
Interlocal Agreement the following words shall have the meanings attributed to them in
this Section:
416
Al
r'�
(i) "Airport Revenue" shall mean those revenges derived by the CITY and
the AUTHORITY directly from the Air Transportation Facility ownership and operations,
including but not limited to rentals, tolls, fees and charges.
(ii) "Air Transportation Facility a ' shall mean the
sipal- all the facilities which are to be developed, operated and managed at the
Pfe�ae�y, Airport Area, as provided for in this Interlocal Agreement, wbiGh including but
not limited to:
the airside and landside facilities
the terminal
aviation service and support areas
the Regional Visitors' Center, and offices related thereto
offices for the AUTHORITY
arkin
(iii) "Applicable Laws" shall mean any law (including without limitation, any
Environmental Law), enactment, statute, code, ordinance, administrative order, charter,
tariff, resolution, order, rule, regulation, guideline, judgment, decree, writ, injunction,
franchise, permit, certificate, license, authorization, or other direction or requirement of
any governmental authorify," political subdivision, or any division or department thereof
now existing or hereafter enacted, adopted„ promulgated, entered, or issued,
(iv) "Construction Documents" shall consist of final, working drawings and
specifications including, without limitation, the following information: definitive
architectural drawings; definitive foundation and structural drawings; definitive electrical
and mechanical drawings; final specifications; landscaping; and graphics.
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97- 41G
(v) "Environmental Laws" shall mean all applicable requirements of federal,
state and local, environmental, public health, and safety laws, regulations, orders,
permits, licenses, approvals, ordinances and directives, including but not limited to, all
applicable requirements of: the Clean Air Act; the Clean Water Act; the Resource
Conservation and Recovery Act, as amended by the -Hazardous and Solid Waste
Amendments of 1984; the Safe Drinking Water Act; the Comprehensive Environmental
Response, Compensation and Liability Act, as amended by the Superfund
Amendments and Reauthorization Act of 1986; the Occupational Health and Safety Act;
the Toxic Substances Control Act; the Pollutant Discharge Prevention and Control Act;
the Water Resources Restoration and Preservation Act; the Florida Air and Water
Pollution Control Act; the Florida Safe Drinking Water Act; Florida Environmental
Reorganization Act of 1975.
(vi) "Fair Market Rental Value" shall mean what a landlord under, no
compulsion to lease the premises and a tenant under no compulsion to lease the
premises would determine as rent, taking into consideration the uses permitted under
the applicable lease, the quality, size, design and location of the premises to be leased,
and the rent for comparable buildings located in the vicinity of Watson Island.
(vii) "Interlocal Agreement Date" shall mean the date that this Agreement is
fully executed by both parties.
(viii) "Impositions" shall mean all governmental assessments, franchise fees, .
excises, .license and permit fees, levies, charges and taxes, general and special,
ordinary and extraordinary, of every kind and nature whatsoever (irrespective of their
nature, including, without limitation, all such charges based on the fact of a transaction,
irrespective of how measured) which at any time during the term of this Interlocal
"6- 97- 416
Agreement may be assessed, levied, confirmed, imposed upon, or grow, or become
due and payable out of or in respect of, or become a lien on: all or any part of the
Property, and/or the Improvements including any fixtures, equipment or personal
property placed in and any improvements as to the Improvements and/or the Property,
including without limitations ad valorem, and other similar taxes on the real estate or
the leasehold interest or license and/or the personal property.
(ix) * "Insurance Trust Account" shall mean a trust account to be administrated
by an independent trustee appointed by the CITY and the AUHTORITY who will
manage and disburse funds in accordance with Article 15 and 16.
(x) "Public Agency" shall mean a political subdivision, agency, or officer of
the state of Florida or of any state of the United States, including, but not limited to,
state government, county, city, school district, single and multipurpose special district,
single and multipurpose public authority, metropolitan or consolidated government, an
independently elected county officer, any agency of the United States Government, and
any similar entity of any other state of the United States.
(xi) "Project" shall mean the development, construction, management
and operation of the Air Transportation Facility and Regional Visitors' Center, and any
other related facilities 'and'' improvements at the Property, including, mooring and
docking facilities, and the Improvements to be developed at the Adjacent Area, as iuch
term is defined in this Interlocal Agreement, 'which improvements may consist of
commercial, recreational and retail businesses ancillary to the operations of the Air
Transportation Facility and the Regional Visitefs Gente ; and parking facilities.
(xii) "Property" shall mean that certain area located on Watson Island, which
is legally described in Exhibit "C", attached hereto and incorporated herein.
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x.
ARTICLE 2
PURPOSE OF INTERLOCAL AGREEMENT
Section 2.1. Purpose of Interlocal.
Pursuant to the provisions of the Florida Interlocal Cooperation Act of 1969, the
CITY and the ADTHORITY, hereby enter into this Interlocal Agreement for, purposes of
developing, operating and managing the Project.
Section 2.2. Obligations of CITY and the AUTHORITY.
The CITY shall undertake all reasonable efforts to apply for -grants, or other
funds which may be available from Public Agencies, or third parties for purposes of
funding the development, construction operation, or maintenance of the Proiect The
parties acknowledge that prior to the Interlocal Agreement Date, the CITY applied for
State funds, and has been appropriated certain moneys which are to be utilized to fund
the cost of development and construction of the airport facilities, contemplated under
this Project. The City shall be responsible for compliance with all conditions pertaining
to any funding grants including reporting requirements. The terms and conditions
applicable to the receipt and expenditure of these the State funds which have been
appropriated as of the Interlocal Agreement Date are set forth in the Joint Participation
Agreement, executed on . June 4, 1993, by 'and between the Florida Department of
Transportation (FDOT), and the CITY, as amended, a copy of which is attached and
incorporated. hereto as Exhibit H, (the "JPA" ). The CITY shall be the sponsor of the
project identified as Job No: 87098-3810 under the JPA. The CITY shall contribute
financial assistance to the extent such financial assistance is made available by the
state, or any other Public Agency, or any third party, including the Bureau. The CITY
shall establish an account in which shall be deposited all funds pertaining to the
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Project. The CITY shall comply at all times with the conditions prescribed in the JPA.
As between the state and the CITY, the CITY shall be the contractual party to the
construction contract(s) as shall be entered into for the accomplishment of the Project.
The CITY will provide adequate, capable and qualified personnel to supervise the
development and construction of the Project. The AUTHORITY covenants that it shall
assist the CITY in obtaining any additional financial assistance necessary to complete
the development and construction of the Project. The AUTHORITY, subject to the
provisions of this Interlocal Agreement, upon possession of the Property, shall assume
responsibility for the day to day management and leasing of the Project. The Parties
agree and acknowledge that none of the duties of MSEA shall be construed to impose
financial obligations or liabilities of any kind upon MSEA, except to the extent of funds
actually in its possession that were derived as a result of the. development,
construction management or operation of the Proiect.
Section 2.3. Goals and Responsibilities of the Parties Pertaining to the Air
Transportation Facility.
The CITY shall be responsible for establishing and approving policies for the
operation and maintenance of the Air Transportation Facility. The AUTHORITY, with
the assistance of such technical and professional staff of the CITY, as it may require,
shall be responsible for the day to day management, operation and leasing 91 the
Airport Transportation Facility. . It is further agreed, that neither the CITY nor the
AUTHORITY shall be required to expend funds other than Airport Revenue for the
operation and maintenance of the Air Transportation Facility. The Parties hereby agree
that it is the goal of this Interlocal Agreement to accomplish the following objectives:
-9- 97- 416
t
(i) To create a synergy between the Air Transportation Facility, the
convention and exhibition centers which are operated by the CITY and the
AUTHORITY, and the goals and undertakings of the -Regional Visitor's Center which
will achieve economic benefits to the convention and exhibition business of the CITY;
(ii) To operate, manage, and maintain the Air Transportation Facilities solely
out.-bf Airport Revenues;
(iii) To develep establish policies and practices to ensure minimize that the
any
negative impact upon the residents of the area surrounding the Airport Area which may
be a direct result of the development and operation of the Air Transportation Facility.
Section 2.4. Creation of Fund.
For the purpose of accurately and adequately recording and accounting for the
operations and funds pertaining to the Air Transportation Facility, and for the purpose
of providing the AUTHORITY with funds for the necessary expenditures in carrying out
the duties and functions required in Section 2.3 of this Article, the CITY shall establish,
designate and maintain such separate accounts as it shall consider proper in the sound
management of the Airport Revenues, and as required under the terms of the JPA. All
Airport Revenue
shall be deposited to the credit of such separate fuund.
Expenditures from that fund may be made by the AUTHORITY for purposes deemed to.
be related to the operation and maintenance of the Air Transportation Facility, as
authorized by law.
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Section 2.5. Lease of Property to the AUTHORITY.
The CITY hereby leases to the AUTHORITY, and the AUTHORITY takes from the
CITY, the Property. The CITY shall transfer possession of the Property to the
AUTHORITY upon the satisfaction of the Condition Precedent, as provided for under
Section 6.5 of this Interlocal Agreement.
Section 2. 6 Title.
The CITY covenants and agrees that, at and until the Interlocal.Agreement Date,
it is well seized of the Property, and has good title to it, free and clear of liens and
encumbrances having priority over this Interlocal Agreement, and that the CITY has full
right and authority to enter into this Interlocal Agreement.
ARTICLE 3
THE TERM
Section 3.1. Initial Term.
The initial term of this Interlocal Agreement shall be for forty-five (45) years
commencing on the Interlocal Agreement Date.
Section 3.2. Renewal Terms(s)
The CITY, at its sole and exclusive option, upon request of the AUTHORITY, may
extend the term of this-. In.terlocal Agreement, in any increment of years, for an
additional twenty (20) years. ,
ARTICLE 4
RENT
Section 4.1. Rent.
The AUTHORITY shall pay to the CITY rent as follows:
(1) Airport Area. The Parties hereby agree that the Rent to be
paid to the CITY, if any, for the AUTHORITY'S occupancy and use of the Airport Area,
97- 416
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i
as such term is defined in Section 6.2 of this Interlocal Agreement, and to the
AUTHORITY, by subtenants, licensees, and concessionaires, shall be established in
accordance with the requirements of the Florida Department of Transportation (FDOT),
and if applicable the requirements of the Federal Aviation Administration.
(2) Adjacent Area. At such time as the AUTHORITY develops, or
procures the development of the Adjacent Area, as such term is defined in Section 6.2
of this Interlocal Agreement, the AUTHORITY shall not convey any interest with respect
to the Adjacent Area, unless: (i) the AUTHORITY receives Fair Market Rental Value in
connection with any commercial use of the Adjacent Area; and (ii) the AUTHORITY and
the CITY negotiate a payment to the CITY which guarantees a fair return to the CITY,
which shall be payable to the CITY commencing on the date that the AUTHORITY
enters into any agreement for such purposes, including but not limited to, any sublease
agreement, management agreement, license or development agreement. In the event
that the AUTHORITY finances the cost of improvements to the Adjacent Area, the CITY
will agree to allow the AUTHORITY to utilize and/or pledge any and all revenues
derived from the business conducted upon such area towards the payment of any debt
service in connection with such financing.
ARTICLE 5
EASEMENTS
Section 5.1. Easements Granted to the AUTHORITY.
Unless otherwise being provided by. the CITY, the CITY hereby agrees to grant
such easements in, over, upon, through and under Watson Island, as may be needed
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and requested by the AUTHORITY or any of its subtenants for the purpose of
facilitating the following:
(a) Utility Easements. Installing, maintaining, repairing and replacing utility
facilities such as water, gas, electric, and telephone lines, and storm and sanitary
sewers within the Property;
(b) Vehicular Easement. Providing access by service and emergency
vehicles to and from the Property,
Section 5.2. Limitations on Easement Rights. The CITY shall grant such easements
as provided for in Section 5.1 above, provided however the location of the easement is
approved by the City Manager, the grant is specifically authorized by a duly adopted
resolution of the City Commission and such easements shall be granted upon the
express condition that:
(i) The grantee of such easement shall carry on any construction;
maintenance or repair activity with diligence and dispatch, and shall use
its diligent efforts to complete the same in the shortest time possible
under the circumstances (force majeure excepted), and shall not carry on
any construction, maintenance or repair activity in the easement area in
such manner as to unreasonable interference with the public's use and
enjoyment of Watson Island in carrying on such activities;
(ii) Except in the event of emergency, the grantee of such easement
shall not undertake any construction, replacement, maintenance or repair
activity in such easement area unless prior notification is provided to the
CITY;
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97- 416
x
(iii) The grantee of such easement shall promptly upon the completion
of any such construction, repair or maintenance activity, at no costs to the
CITY, restore the surface of the easement area as nearly as possible to
its former condition and appearance;
(iv) The grantee of such easement shall agree to indemnify the CITY
from all claims and actions in law and in equity which may arise out of, or
as a consequence of the negligence of the grantee, or its authorized
agents, servants or employees, in maintaining, repairing and utilizing the
easement area.
Section 5.3. Easement for Development of Other Areas of Watson Island.
Provided that there is no material interference with the AUTHORITY'S use and
enjoyment of the Property, the AUTHORITY shall permit the CITY to erect, use,
maintain and repair water, sanitary sewer and storm water utilities, mechanical and
electrical conduits, pipes,. and cables in, to, under and through the Property as often
and to the extent that the CITY may now or hereafter deem to be necessary or
appropriate for the development of other areas of Watson Island. The AUTHORITY
acknowledges that the leasehold interest conveyed under this Interlocal Agreement is
subordinate to the CITY°S right to convey, from time to time, such easements as may
be necessary for right-of-way, vehicular and pedestrian traffic across or along any or all
parts of the Property.
Section 5.4. Connection of the Air Transportation Facility
0eAw to Utilities.
The AUTHORITY, at no cost to the CITY, shall cause the subtenant(s) to install ail
necessary connections between the improvements to be constructed, or erected on the
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Property, and the water, sanitary sewer and storm water drain mains, and mechanical
and electrical conduits, whether or not owned by the CITY and/or the Miami -Dade
Water and Sewer .Department.... The AUTHORITY, shall cause to be paid by the
subtenant(s) all the additional cost, if any, of locating and installing new facilities for
sewer, sanitary storm water drain mains, water, electrical, and other utilities as needed
to service the Property.
i
ARTICLE 6
USES
Section 6.1. Use of the Property.
The Parties to this Interlocal Agreement agree that the Property shall be used for
the purpose or purposes set forth in Sections 6.3 and 6.4 below. No use shall be made
or permitted to be made of the Air Transportation Facility and Regional Visitors Center,
or the Property, or acts done, which are in violation of any Applicable Law, or the JPA,
the breach of which might result in any penalty to the CITY, or forfeiture of the CITY'S
title to the Property. The AUTHORITY shall not commit, or permit any subtenant,
licensee, or concessionaire to commit any waste with respect to the Air Transportation
Facility , or any other improvement, building and
appurtenance at any time located on the Property. The Air Transportation Facility and
Regional Visitors Center, or the Property shall not be used for purposes of conducting
any gambling activities thereon, or from there, of any nature whatsoever, without the
prior approval of the City Commission, which approval may be unreasonably withheld,
or conditioned upon, the payment of additional Rent.
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Section 6.2 Description of the Airport Area and the Adjacent Area.
The parties acknowledge that the CITY, prior to the Interlocal Agreement Date,
or as soon as possible after the Interlocal Agreement Date, shall engage a qualified
firm (the "Eng+AeefiRg Firm") for purposes of furnishing general architectual and
engineering services related to the development contemplated by this Interlocal
Agreement. As part of the scope of such services, the €wgMeer-ing Firm is to provide
an Airport Layout Plan which shall legally describe and establish the boundaries of an
area within the Property wherein the airport site will be developed, (the "Airport Area"),
and which will depict and legally describe the remaining area within the Property as
(the "Adjacent Area"). The Airport Area and the Adjacent Area shall be depicted in
Exhibits D, and E, which shall be attached and incorporated in this Interlocal
Agreement.
Section 6.3 Uses Permitted at the Airport Area.
The Airport Area is to be utilized for commercial and non commercial aviation
activities, specifically to provide seaplane and helicopter services, and all activities in
connection therewith, or incidental to the operation of an airport, including, but not
limited to, the construction, maintenance and operation of approach areas, runways,
taxiways, public aprons, parking areas, hangars, automobile parking areas,
navigational aids, lighting facilities, public terminals, offices related to the' air
transportation services, offices of the AUTHORITY, the Regional Visitors Center and
administrative offices related thereto, offices for the U.S. Customs Services, and public
facilities appurtenant to the airport, and the Regional Visitors Center, mooring and
docking facilities, and for associated facilities beneficial to the airport and Regional
Visitors Center. The Air Transportation Facility shall be operated for the use and
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benefit of the public, and all airport facilities.and services shall be made available to the
public on fair and reasonable terms and without discrimination.
Section 6.4 Uses Permitted at the Adjacent Area.
The Adjacent Area shall be utilized for the purposes of developing, constructing,
and operating thereon saFAFReMai at -uses compatible aflsillaFy to with the operations of
the ,Air Transportation Facility i eFs GeflteF, including mooring and
docking facilities for vessels, retail, cultural, recreational and parking facilities.
Section 6.5 Condition Precedent Pertaining to the AUTHORITY'S Obligations
Under This Interlocal Agreement.
Notwithstanding the fact that the Parties have entered into this Interlocal
Agreement, the Parties hereby acknowledge that all liabilities, obligations, and
covenants of the CITY and the AUTHORITY under this Interlocal Agreement are
contingent upon the AUTHORITY executing a sublease agreement, and a Funding
Agreement, with the Bureau (the "Condition Precedent"). Prior to the Interlocal
Agreement Date, the AUTHORITY and the Bureau have executed a Letter of Intent
wherein the Bureau has expressed its interest in participating in the development and
operation of this Project as a subtenant of the AUTHORITY. A copy of the Letter of
Intent from the Bureau is attached as Exhibit "F". Upon execution, a copy of the
Funding Agreement shall be attached and incorporated into this Interlocal Agreement
as Exhibit "G". In the event that the AUTHORITY and the Bureau are unable to.
execute a sublease agreement - within one hundred and twenty M 201 days from the
date that the City Commission approves this Interlocal Agreement, the Parties may
terminate this Interlocal Agreement.
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Section 6.6 The Partv's Obligations Pertaining to the Issuance of a Request for
Qualifications or Invitation for Bids.
The Parties shall comply with the legal requirements, if any, of the Florida
Department of Transportation pertaining to the solicitation and selection of individuals,
corporations, or other. legal. entities qualified_to:._..:.•,•_:.•_.._•_.,.:, _ .. .
(1) occupy facilities and furnish concessions at the Air Transportation
Facility;
(1) provide professional services in connection with the planning, design and
construction of the Air Transportation Facility, and Regional ViSitOFS
(ii) provide professional services for the maintenance and operation of the Air
Transportation Facility.
Section 6.7. Reservation of Rights of CITY.
The CITY reserves the right subiect to the AUTHORITY'S consent to
subordinate this Interlocal Agreement to the provisions of any future agreement entered
into between the CITY and the United States, the County, the State of Florida, and any
agency thereof to obtain funding aid for the improvement, operation, or maintenance of
the Air Transportation Facility. Section 6.8. Naming Rights.
.i
The AUTHORITY shall have the exclusive right to sell, license or otherwise*ant
the naming rights to the Air Transportation Facility, and any other portion of the.
Property, or any other facility constructed on the Property, for a period not to exceed
the Interlocal Agreement Term, provided, however, that: (a) the CITY approves of the
name, which approval shall not be unreasonably withheld or delayed, and (b) the
AUTHORITY shall pay to the CITY ninety percent (90%) of any and all moneys
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received by the AUTHORITY in connection with the selling, licensing or granting of
such naming rights.
ARTICLE 7
PAYMENT FOR MUNICIPAL. SERVICES
Section 7.1. Payment for Services.
The AUTHORITY, and the CITY acknowledge that as of the Interlocal
Agreement Date, the definition of "governmental, municipal, or public purpose" as set
forth in Section 196.012 of the Florida Statutes provides that: a governmental,
municipal, or public purpose or function shall be deemed to be served or performed
when the lessee under any leasehold interest created in property of any governmental
unit is demonstrated to perform a function or serve a govemmental purpose which
could properly be performed or served by an appropriate governmental unit, or which is
demonstrated to perform a function or serve a purpose which would otherwise be a
valid subject for the allocation of public funds; and that an activity undertaken by a
lessee which is permitted under the terms of its lease agreement of real property
designated as an "aviation area" on an airport layout plan which has been approved by,
the Federal Aviation Administration, and which real property is used for the
administration, operation, business offices and activities related specifically thereto in
connection with the conduct of an aircraft full service fixed base operation which
provides goods and services to the general aviation public in the promotion of air
commerce shall be deemed an activity which serves a governmental, municipal, or
public purpose or function. Additionally, the use by a lessee, licensee, or management
company of real property or a portion thereof as a convention center, visitors center, is
deemed a use that serves a governmental, municipal, or public purpose or function
.19. 97- 416
when access to the property is open to the general public with or without a charge for
admission. Therefore, in the event that the Property, or any of the Improvements
constructed thereon is exempt from ad valorem taxation, the Parties agree that in
recognition of the municipal services provided to the Property by the CITY, and in
support of these municipal...�arvices,, ,tha..• AUlTM_ORITY_ hereby covenants that any
sublease agreement, license agreement, concession agreement, or management
agreement entered into by the AUTHORITY, in connection with the Property, and the
Improvements thereon, shall include a covenant obligating any such subtenant,
licensee, concessionaire, or management entity to be pay to the CITY an annual
payment which shall never be less than, the amount of ad valorem taxes which the
CITY would receive from the Property and the' Improvements, from such subtenant,
licensee, concessionaire, or management entity if its use were not exempt under the
law, based on the appraised value of that portion of the Property and the Improvements
utilized by such subtenant, licensee, concessionaire, or management entity, as such
amount would be established by the Dade County Property Appraiser (the "Municipal
Service Payment").
Section 7.2. Manner of Payment.
The Municipal Service Payment shall be payable in annual installments. The
AUTHORITY shall cause the first installment to be paid to the CITY by the Bureau ypon
r
the completion of construction of the Air Transportation Facility and Regional Visitors.
Center. Thereafter, the AUTHORITY shall require any other subtenant, licensee,
concessionaire, or management entity to pay to the CITY annual installments of the
Municipal Service Payment, as provided for above.
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ARTICLE 8
CITY'S RIGHT OF ENTRY
Section 8.1. CITY'S Right of Entry. .
The AUTHORTY shall permit the CITY and its agents, representatives,
employees, and or designees of the CITY to enter into the Air Transportation Facility
and Regional Visitors Center, and to all other areas of the Property, at all reasonable
times for any reasonable purpose, provided, however, that the CITY'S rights under this
Section shall not unreasonably interfere with the operation of the Air Transportation
Facility and Regional Visitors Center, or the performance of the AUTHORITY'S
obligations under this Interlocal Agreement.
ARTICLE 9
PARTICIPATION OF ADDITIONAL PUBLIC AGENCIES, ASSIGNMENTS AND
SUBLEASE AGREEMENTS
Section 9.1, Participation of Additional Public Agencies Assignments and Sale
of Property.
The Parties hereby agree and understand that this Interlocal Agreement is
entered into to facilitate the delivery of certain public services, and to manage and
operate related commercial facilities in connection therewith. Therefore, at any time
during the term of this Interlocal Agreement, if the Parties determined that to make the
most efficient use of their powers it would be necessary and advantageo�o to
cooperate with other Public Agencies, or that the services and function of the
AUTHORITY under this Interlocal Agreement would be more efficiently served by
another Public Agency, the Parties may amend this Interlocal Agreement to include the
participation of another Public Agency, or the AUTHORITY, subject to the prior written
approval of the City Commission, may assign its rights and obligations under this
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Interlocal Agreement to another Public Agency. The CITY reserves the right to sell, or
mortgage the Property, and to transfer or delegate any of its duties or obligations under
this Interlocal Agreement, as may be permitted by law, subject to the AUTHORITY'S
consent.
Section 9.2. Sublease Agreements.
The AUTHORITY may grant a license, or permit a concession, or sublet a
portion of the ProPerty provided that ( i ) the identity and 'business character of the
licensee, concessionaire, or subtenant are incidental to the operation of the Air
Transportation Facility or Regional Visitors Center, and that their use of the Airport
Area shall be in common with the public with respect to the provision of air
transportation services, and for public purposes with respect to the operation of
Regional Visitors Center; ( ii ) AUTHORITY obtains the prior written consent of the
CITY; and ( iii ) in the event that such licensing, or subletting is at the Adjacent Area,
the CITY shall be entitled to receive from the AUTHORITY Rent as provided under
Section 4.1(2) of this Interlocal Agreement.
ARTICLE 10
POSSESSION AND CONSTRUCTION OF FACILITIES
Section 10.1. Delivery of Possession of the Property.
s
The CITY shall deliver possession of the Property to the AUTHORITY upon the
satisfaction of the Condition Precedent.
Section 10.2. Cooperation.
The AUTHORITY and the CITY recognize that there may be additional parties with
which either the CITY, or the AUTHORITY may be dealing with for purposes of
obtaining funds to undertake the construction of the Improvements described in this
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Article. Accordingly, the Parties shall use good faith to assist and cooperate with each
other in their respective efforts to secure the financing for this Project, including,
without limitation, executing and/or consenting, as applicable to the documents and
actions required in connection therewith.
Section 10.3. The Improvements.
At such time as adequate financing has been secured for the cost of
development and construction, and pursuant, the requirements of the JPA, the
conditions of the sublease agreement to be entered into by and between the
AUTHORITY and the Bureau, and the Funding Agreement in connection therewith, and
in the manner provided by law, including but not limited to the provisions of Section
287.055 of the Florida Statutes, the Parties shall commence and complete the
development and construction of improvements to the Airport Area and the Adjacent
Area. All improvements constructed upon or installed at the Property including
approach areas, runways, taxiways, public aprons, parking areas, hangars, automobile
parking areas, navigational and navigational aids, lighting facilities, public terminals,
offices related to the air transportation services, offices for the AUTHORITY, the
Regional Visitors Center and administrative offices related thereto, offices for the U.S.
Customs Services, and public facilities appurtenant to the airport and the Regional
Visitors Center, shall be referred to in this Interlocal Agreement as the "Improvements".
Section 10.4. Manner of Construction of Improvements.
The construction of the Improvements on the Property shall be in accordance
with all applicable federal, state and local laws, ordinances, rules, regulations, and
other applicable legal requirements and with respect to the Air Transportation Facility
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and Regional Visitors Center, in accordance with the JPA, the Preliminary Plans and
Construction Documents, which shall be approved in the manner set forth below.
Section 10.5. Design, Concept Plans and Preliminary Drawings.
All Improvements for the Property shall be designed so as to achieve an
integrated site development incorporating the Air Transportation
ViSitefs-6entef in a manner which maximizes the flow of visitors through the Air
Transportation Facility and ' the Adiacent Area. The
Parties will obtain preliminary drawings that will depict the size and locations of all the
structures and the features for the design of the Air Transportation Facility. and
Section 10.6. Review and Approval of Preliminary Plans.
The Parties shall submit Preliminary Plans to the City Manager for review and
approval as follows:
(a) Air Transportation Facility The Parties in
coordination with the Bureau, and any other of the AUTHORITY'S subtenants, or the
operator or manager of the Air Transportation Facility, if such entities are selected prior
to construction of the Improvements, shall submit the Preliminary Plans to the City
Manager for written approval. Upon receipt of each set of Preliminary Plans
representing a certain stage of construction, the City Manager shall review sam6 and
shall promptly (but in any event within fifteen [15] calendar days after such receipt) give
the Parties written notice of his approval or disapproval setting forth in detail each of its
reasons for any disapproval.
If no written response is delivered to the Parties within fifteen (15) calendar days
after submission of such Preliminary Plans, or within five (5) calendar days of any
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resubmission thereof, they shall be deemed approved, except that no violation of
applicable governmental statutes, local ordinances, codes, plans, laws or regulations,
shall be deemed waived thereby. In the event of a disapproval, the Parties shall, within
a reasonable time from the date 'the Parties receive the notice of such, disapproval
resubmit such Preliminary Plans to the City Manager, altered to satisfy the reasonable
and proper grounds given for disapproval. Any resubmission shall be subject to review
and approval by the City Manager in, accordance with. the procedure hereinabove
provided until same shall be approved by the City Manager.
Section 10.7. Review and Approval of Construction Documents.
After approval of Preliminary Plans for the Air Transportation Facility and
Regional Visitors Center, the Parties shall submit to the City Manager two sets of
Construction Documents for the Air Transportation Facility and Regional Visitors
Center when the Documents are 10% complete, 50% complete and 90% complete.
Upon receipt thereof, the City Manager shall review same, and shall promptly (but in
any event within fifteen [151 days after such receipt), give the Parties notice of its
written approval or disapproval, setting forth in detail its reasons for any disapproval.
The City Manager's rights to disapprove the Construction Documents submitted shall
be limited to matters depicted in the Construction Documents which do not conform
substantially to the approved Preliminary Plans or previously approved Constr6ction
Documents for other stages of the Air Transportation Facility and Regional Visitors
Center, or elements not presented in the approved Preliminary Plans, or which are
violations of governmental statutes, local ordinances, codes, plans or regulations, or
the JPA. If no response from the City Manager is delivered to the Parties within fifteen
(15) days after the submission of such Construction Documents, or within five (5)
97- 416
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calendar days of any resubmission thereof as hereinafter provided, they shall be
deemed approved, except that no violations of applicable laws, statutes, ordinances,
codes, or regulations shall be deemed waived thereby. In the event of a disapproval,
the Parties shall, within -a reasonable time from the date of its receipt of the notice of: -
such disapproval, resubmit the Construction Documents, for that stage, to the City
Manager altered to satisfy the grounds given for disapproval. The City Manager's
determination of what constitutes matters that do not conform substantially to the
approved Preliminary Plans or previously approved Construction Documents shall be
final and conclusive. Any resubmission shall be subject to review and approval by the
City Manager. Once the final Construction Documents for the Air Transportation
Facility and Regional Visitors Center are approved by the City Manager, -the Parties
shall submit them to the City's Building and Zoning Department, with notice to the City
Manager of such submittal for final construction permitting.
Section 10.8. Performance and Payment Bonds.
The Parties shall require and procure from the contractor or contractors
undertaking any part of the construction and equipping of the Improvements,
performance and payment bonds in connection with each of the contracts. The Parties
shall also require and procure from such contractor or contractors, waivers of all liens
r
or rights of lien for labor and materials furnished in the construction and equipping of
the Improvements.
Section 10.9. Insurance.
The Parties shall require every such contractor to fumish insurance protecting
the CITY, and the AUTHORITY and their respective commissioners, officers, agents,
and employees, as their interests may appear, against any claim for personal injuries,
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death claims, and property damage that may be asserted because of the construction
and equipping of the Project. The insurance required herein is to be of the type and in
those amounts as may be determined by the City Manager.
Section 10.10. Title to the Improvements.
At all times during the term of this Interlocal Agreement, title to all Improvements
located upon the Property, shall vest in the CITY, unless otherwise authorized by the
City Commission.
Section 10.11. CITY Property to Remain Free of Liens.
The AUTHORITY shall have no power, or right to, and shall not in any way
encumber the CITY'S fee simple interest in the Property. If any mechanics' liens shall
at any time be filed against the Property, as a result of the actions of the AUTHORITY,
or any of the subtenants, licensees, or concessionaires, the AUTHORITY shall
promptly take and diligently pursue a cause of action to have the same discharged or to
contest in good faith the amount or validity thereof, and if unsuccessful in such contest,
to have the same .di-scharged.
Section 10.12. Prompt Payment of Materialmen and Suppliers.
The Parties shall cause to be made, prompt payment of all money due and
legally owing to
all persons
doing any work, including
subcontractors,
or providing
supplies and
equipment
in connection with the
development,
construction,
reconstruction, or operation of the Improvements. Nothing in this section shall limit the
right of the Parties to contest, in good faith,'by legal proceedings or otherwise, whether
any amount claimed, or alleged to be due and owing to any such person is legallydue
and owing, and the Parties may withhold payment of such amounts pending resolution
of such dispute.
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Section 10.13. Permits and Authorizations.
The CITY shall assist the AUTHORITY and its subtenants, licensees and
concessionaires in obtaining all other permits, certificates and authorizations needed
for the construction of the Air Transportation Facility -and Regional Visitors Center. Any
permits or other formal government approvals, when requested by the AUTHORITY
from the CITY, will not be unreasonably withheld, delayed, or conditioned by the CITY.
Section 10.14. Parking.,
The Parties may construct or cause to be constructed, at the Adjacent
Area, as required by the Project, parking facilities.
Section 10.15. Manner of Construction of Improvements Upon the Adiacent
Area.
In the event that the Parties develop or cause the development and construction
of Improvements upon the Adjacent Area, all plans for such development and
construction shall be reviewed and approved in the manner set forth in this Article, and
all suph development.and construction shall be undertaken in accordance with the
conditions set forth in this Article.
ARTICLE 11
NOTICES
Section 11.1. Method and Addresses.
All notices, demands, or other writings required or allowed in this Interlocal
Agreement must be In writing and shall be delivered or sent, with copies indicated, by
personal delivery, certified mail, telefax or overnight delivery service to the Parties as
follows (or at such other address as a Party shall specify by notice given pursuant to
this Section) :
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TO THE CITY:
WITH COPIES TO:
CITY OF MIAMI
ATTN: City Manager
3500. Pan American Drive
Miami, Florida 33133
Telefax No. 305-285-1835
CITY ATTORNEY
City'of Miami
Miami Riverside Building, 9th Floor
444 S.W. 2nd Avenue
Miami, Florida 33120
Telefax No. 305-416-1801 .
MAYOR AND CITY COMMISSIONERS
City of Miami
3500 Pan American Drive
Miami, Florida 33133
TO THE AUTHORITY: MIAMI SPORTS AND EXHIBITION AUTHORITY
City of Miami
Miami Riverside Building, 9th Floor
444 S.W. 2n° Avenue
Miami, Florida 33121
Telefax No.
ARTICLE 12
IMPOSITIONS
Section 12.1. Impositions as Additional Rent.
The AUTHORITY shall include in all subleases, licenses or concession
agreements an affirmative obligation on the part of the subtenant(s), licensee(s), or
concessionaires) to pay and discharge, as they become due, any and all Impositions,
promptly and before any fine, penalty, interest or cost may be added to such
Imposition.
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ARTICLE 13
MAINTENANCE, REPAIR AND ALTERATIONS
Section 13.1. Alterations, Improvements, and Chances Permitted.
AUTHORITY shall have the right to effect or permit its subtenant(s) to effect all
alterations, repairs, improvements and changes, and any alterations, repairs,
improvements, that are necessary for the health, safety and welfare of the subtenants,
licensees and patrons using the Property, or to preserve the structural integrity of the
Air Transportation Facility and Regional'Visitors Center, or to effectuate improvements,
or repairs that must be made to comply with provisions of this Interlocal Agreement or
the JPA.
Section 13.2. Maintenance.
The AUTHORITY shall require its subtenant(s), licensees, and concessionaires,
to maintain, at no cost to the CITY, all the Property demised under any sublease
Agreement, and the Improvements to be constructed thereon, in a presentable
condition consistent with good business practice, and in a safe, neat, clean and good
physical condition.
Section 13.3. Repairs.
The AUTHORITY shall require its subtenant(s), licensees, and concessionaires,
to repair, at no cost to the CITY, all the Property demised under any sublease
Agreement, and the Improvements to be constructed thereon, in a presentable
condition consistent with good business practice, and in a safe, neat, clean and good
physical condition.
Section 13.4 CITY'S Reservation of Rights.
The CITY, reserves the right to take any action it considers necessary to protect
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the aerial approaches of the airport against obstruction, together with the right to
prevent the AUTHORITY or the Bureau or any other subtenant from erecting, or
permitting to be erected, any building or other structures on the Property which in the
opinion of the CITY, would limit the usefulness of the Air Transportation Facility or
constitute a hazard to aircraft.
ARTICLE 14
COMPLIANCE WITH APPLICABLE LAWS
Section 14.1. Legal Requirements.
During the term of this Interlocal Agreement, the Parties shall comply with all
Applicable Laws. The AUTHORITY shall require all subtenants, licensees,
concessionaires or management firms to comply with all Applicable Laws and shall
require all subtenants, licensees, concessionaires or management firms, to obtain and
maintain at no cost or expense to the CITY, all necessary permits and licenses that are
required in connection with their operation of and use of the Property.
ARTICLE 15
INSURANCE --- -- -
Section 15.1 Property to be Insured.
Prior to entering into any sublease agreement, license, concession, or
management agreement, the AUTHORITY shall submit a copy of such proposed
sublease agreement, license, concession, or management agreement to the City
Manager for purposes of allowing the City Manager to review and, if deemed necessary
and reasonable by the City Manager, to revise the insurance requirements set forth
therein, which revisions shall then be included in the proposed sublease agreement,
license, concession, or management agreement. The insurance to be required by the
-31. 97- 416
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AUTHORITY under any .sublease agreement, license, concession, or management
agreement shall include the following coverage:
(a) Property.
Insurance against loss or damage to the Improvements resulting from. fire,
windstorm, hail, lightning, vandalism, malicious mischief and such other
perils ordinarily included in special causes of loss property forms,
including coverage for flood, if available, and which insurance shall in all
events cover all risks covered by policies commonly referred to as all risk
policies. Such insurance shall be maintained in an amount not less than
the full replacement cost of the Improvements including any costs which
may be required to comply with Applicable Laws.
(b) Liability.
Commercial general liability insurance and liquor liability insurance which
shall provide coverage against claims against the CITY or the
AUTHORITY for bodily injury (including death) and property damage
resulting directly or indirectly from any act, omission or activities pf the
CITY or the AUTHORITY or any of its respective employees, agents,
subtenants, licensee, concessionaires, invitees, patrons, or contractors,
aggFegaie, and in such amounts as may be
required by the CITY'S Risk Management Department,
naming the CITY as an additional insured on. Additional Insured
Designated Person or Organization form CG 2026 or its equivalent.
(c) Workers' Compensation.
Workers' Compensation insurance complying with the statutory limits of
the State of Florida, including employer's liability with limits of
in such amounts as may be required by the CITY'S
Risk Management Department,
$ earh—PeFsen by disease and
$ d-seage n„!*-ry limit, to insure all persons or
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entities employed by the AUTHORITY or any of its subtenants, licensees,
or concessionaires in connection with the Air Transportation Facility and
the Regional Visitors Center and the Property.
(d) Builder's Risk.
During construction, in. addition to the other insurance coverage's
required under this Article, builder's risk insurance under a special clause
of loss property form, written on a completed value basis, in an amount
not less than the projected total cost of construction of the Improvements
as reasonably estimated by the AUTHORITY.
(e) Additional Coverages.
Such other insurance coverages as the CITY may from time to time
reasonably require consistent with commercially reasonable practices and
standards in the industry.
Section 15.2. Provisions.
(a) All policies of insurance referred to in this Article shall be in form
and substance satisfactory to the CITY and the AUTHORITY, and issued by insurance
companies satisfactory to the CITY and the AUTHORITY. The review and approval of
the City Manager with respect to the insurance coverage required hereunder shall not
be unreasonably delayed or witheld.
(b) The AUTHORITY shall require that all of the premiums therefor be
paid, and that such policies, or certificates thereof, are delivered to the CITY prior to
the commencement of any construction or occupancy upon the Property, and at "least
thirty (30) days prior to the expiration of any such policy, a certificate of insurance of
the renewal policy shall be provided to the CITY. In the event the AUTHORITY fails to
enforce the requirements of insurance herein called for or any of its subtenants,
licensees, concessionaires or management firms fail to pay the premiums therefor, or to
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deliver such policies, or certificates thereof, to the CITY, the CITY shall be entitled, -but
shall have no obligation, to cause such insurance to be issued and pay the premiums
therefor, which premiums shall be collected as additional rent payable to the
AUTHORITY by its subtenants, licensees, concessionaires or management firms and
after receipt of such payment the AUTHORIY shall reimburse the .CITY.
(c) Each insurer shall by endorsement on its policy or by independent
instrument furnished to the CITY provide that the CITY be given sixty (60) days written
notice before any policy shall be altered or canceled. Any modification to the insurance
requirements of this Interlocal Agreement shall require the prior written approval of the
City Manager.
(d) All required insurance shall be by valid and enforceable policies
issued by financially sound insurance companies, rated not less than B= IX in Best's
Rating Guide (most current edition) or other insurance companies agreed to by the
CITY.
(e) The proceeds payable under all the insurance required hereunder
shall be made available to the Parties to be utilized as provided for under Article 16
below.
ARTICLE 16
DAMAGE OR DESTRUCTION
-A.
Section 16.1. Adequately Insured Damage or Destruction.
If the Improvements. are damaged or otherwise destroyed, and such damage or
destruction was caused by a casualty covered and proceeds are paid under an
insurance policy, such insurance proceeds (the "Insurance Proceeds") shall be
deposited into the Insurance Trust Account, and concurrently with such deposit the
-34-
97— 416
Parties shall deposit the applicable deductible into the Insurance Trust Account with
disbursements to be made to the Parties in order to repair such damage or destruction
as soon as reasonably possible, and this lhterlocal Agreement shall continue in full
force and effect. The Parties shall commence the restoration as soon as reasonably
possible following the damage or destruction, and 'shall use good faith efforts to
diligently and continuously prosecute the restoration to completion. Such restoration
shall be in accordance with and in compliance with all Applicable Laws and, if the plans
are materially different from those used originally to construct the Air Transportation
III
Facility and Regional Visitors Center, the plans must be approved by the City Manager.
All such restoration shall be performed by the Parties in accordance with the
requirements set forth in Article 10.
Section 16.2. Underinsured.
If the Improvements are damaged or otherwise destroyed, and such damage or
I
destruction was caused by a casualty not covered under the insurance required by
Article 15 of this Interlocal Agreement, or if so covered the Insurance Proceeds are
insufficient to pay the costs of restoration the Parties shall cooperate with each other in
locating and securing additional funds which may be available from other Public
Agencies. In any event, the AUTHORITY shall within one hundred and twenty (120)
r,
days from such damage or destruction provide the CITY with written notice .. the
AUTHORITY'S election either to utilize the Insurance Proceeds along with other funds .
to pay the cost of restoration, or to terminate this lnterlocal Agreement. In the event
that the AUTHORITY elects to utilize Insurance Proceeds and other funds to restore
the Improvements, concurrently with such election, the AUTHORITY shall: (a) deposit
the deductible amount into the Insurance Trust Fund, and (b) commit in writing to
-35- 97- 416
deposit the amount of any deficiency into the Insurance Trust Fund and provide the
CITY with evidence that the AUTHORITY has secured sufficient funds to cover the
deficiency. The Parties shall commence the restoration as soon as reasonably
possible following the damage or destruction, and shall use good faith efforts to
diligently and continuously prosecute the restoration to completion. Such restoration
shall be in accordance with and in compliance with all Applicable Laws and, if the plans
are materially different from those used originally to construct the Air Transportation
Facility and Regional Visitors Center, the plans must be approved by the City Manager.
All such restoration shall be performed by the AUTHORITY in accordance with the
requirements set forth in Article 10.
Section 16.3. Damage or Destruction Occurring Toward End of Term.
In case of damage or destruction of the Air Transportation Facility and Regional
Visitors Center, or any of the other Improvements, occurring during the last five (5)
years of the term of this Interlocal Agreement Term, and the damage is such that the
cost of restoration is more than 75% of the full replacement cost of the Air
Transportation Facility , then, eitheF the AUTHORITY-F
the -GI#, either Party -may elect to terminate this Interlocal Agreement by written notice
to the other within sixty (60) days after the occurrence of such damage or destruction,
in which case the CITY shall be entitled to receive all the Insurance Proceeds, subject
to any rights of any lender to receive the outstanding principal and interest on any
construction loans which have been approved by the CITY, and any other existing
contractual obligations including but not limited any existing Pursuant to any bonds
issued by the AUTHORITY or the CITY and the rights which the subtenants may have
under their respective subleases.
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'a.
1
ARTICLE 17
UTILITIES
Section 17.1. Payment of Utilities.
The AUTHORITY, shall cause to be paid, all charges for consumption of water,
gas, heat, light, power, telephone service, and other public utilities of every kind
furnished to the Property throughout the Iriterlocal Agreement Term, and all other costs
and expenses of every kind whatsoever of or in connection with the installation use,
operation, and maintenance of utilities at the Property.
ARTICLE 18
GOVERNMENTAL PURPOSE AND FINANCIAL SUPPORT
Section 18.1. Governmental Purpose and Financial Support.
The conveyance of the leasehold interest in the Property under this Interlocal
Agreement,
and the Parties activities
pertaining to
planning, establishment,
development,
construction, improvement,
maintenance
and operation of the Air
Transportation Facility and Regional Visitors Center, are public and governmental
functions exercised for a public purpose. The CITY shall cooperate with and assist the
AUTHORITY in all matters respecting the development and construction of the Project.
Upon completion of the Project, the AUTHORITY shall be responsible for the leasing,
management and operation of the Project, provided, however, that any liability incurred
by the AUTHORITY in the leasing, management, and operation of the Project shall not
be binding on the CITY unless the CITY has in writing, prior to the AUTHORITY
incurring such liability, approved funding by the CITY for the payment thereof.
-37- 97- 416
ARTICLE 19
ABSENCE OF THIRD PARTY BENEFICIARIES
Section 19.1. No Third Party Beneficiaries.
Nothing in this Interlocal Agreement, express or implied, is intended to (a) confer
upon any entity pr person other than the Parties any rights or remedies under or by
reason of this Interlocal Agreement as a third -party beneficiary, or otherwise; or (b)
authorize anyone not a party to this Interlocal Agreement to maintain an action
pursuant to or based upon this Interlocal Agreement.
ARTICLE 20
'DEFAULT AND REMEDIES
Section 20.1. Events of Default.
The occurrence of any one or more of the following events is deemed an "Event
of Default":
(a) If the AUTHORITY defaults in the due and punctual payment of
any installment of any Rent when due and payable in accordance with this Interlocal
Agreement, and such default continues for more than Ten (10) days after the sum is
due;
LM If the CITY defaults in -the due and punctual payment of any funds
when due and vavable to the AUTHORITY in accordance with this -Interlocal
Agreement and such default continues for more than Ten (10) days after the sum is
due;
0* UC In the event either Party defaults in the due performance or
observance of any covenant or condition or provision, under this Interlocal Agreement,
other than the payment of Rent, and such default continues for more than thirty (30)
days after written notice of the default from the non defaulting Party.
-38. 97- 416
W
Section 20.2. Remedies.
(a) If any Event of Default occurs, the Party not at fault shall have the
right, to terminate this Interlocal Agreement upon (15) Fifteen days written notice.
Section 20.3 No Waiver.
The waiver (either expressed or implied by law) by either Party of any default -of
any term, condition or covenant herein contained shall -not be a waiver of any
subsequent default of the same or any other term, condition or covenant herein
contained. No waiver made by either Party with respect to performance, or manner or
time thereof, of any obligation of the other Party or any condition to its own obligation
under this Interlocal Agreement shall be considered a waiver of any rights of the party
making the waiver with respect to the particular obligations of the other. Party,- .or
conditions -to its own obligation beyond those expressly waived, and to the extent
thereof, or a waiver in regard to any other rights of the Party making the waivet,.,or in
regard to any obligation of the other Party.
Section 20.4 Remedies Cumulative.
No remedy conferred upon or reserved to the CITY, or the AUTHORITY shall be
considered exclusive of any other remedy, but shall be cumulative and shall be in
addition to every other remedy given under this Interlocal Agreement or existing at ' law
�
or in equity or by statute; and every power and remedy given by this Interlocal
Agreement to the CITY or the AUTHORITY may be exercised from time to time and as
often as occasion may arise or as may be deemed expedient by the CITY or the
AUTHORITY. No delay or omission of CITY or AUTHORITY to exercise any right or
power arising from any default shall impair any right or power, nor shall it be construed
to be a waiver of any default or any acquiescence in it.
-39-
97- 416
Section 20.5. Unavoidable Delay.
For the purpose of any of the provisions of this Interlocal Agreement, neither the
CITY (including the City Manager) nor the AUTHORITY, as the case may be, shall be
considered in breach of or -in --default in -any-.of its -obligations under this Interlocal
Agreement in the event of Unavoidable Delay in the performance of any such
obligations due to strikes, lockouts, acts of God, inability to obtain labor or materials
due to governmental restrictions, availability, enemy action, civil, commotion, fire,
unavoidable casualty, (not including such party's insolvency of financial condition), it
being the purpose and intent of this paragraph that in the event of the occurrence of
any such Unavoidable Delays the time or times for the performance of the covenants,
and provisions of this Interlocal Agreements, shall be extended for the period of
Unavoidable Delay; provided, however, that the Party seeking the benefit of the
provisions of this Section shall, within thirty (30) days after such Party shall "gave
become aware of such Unavoidable Delay, give notice to the other Party thereof, in
writing of the cause or causes thereof, and the time anticipated to be delayed.
ARTICLE 21
LEGAL COUNSEL
Section 21.1. Legal Counsel.
The City Attorney shall be the legal advisor of and attorney and counsel for the
CITY, and for all matters related to the purpose of this Interlocal Agreement. The.
AUTHORITY may utilize such other counsel as deemed appropriate subiect to approval
by a four -fifth vote of the City Commission.
.40.
97- 416
Ji
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s
ARTICLE 22
ATTORNMENT BY SUBTENANT AND NON DISTURBANCE BY CITY
Section 22.1. Cancellation or Termination of Interlocal Agreement.
The cancellation or termination of this Interlocal Agreement by the Parties
hereto, shall not interfere with any rights of subtenants under this Interlocal. Agreement, _
provided that: (i) such sublease agreements have been approved by the CITY; (ii) the
subtenants are not in default under their respective agreements; (iii) and such
subtenants enter into agreements with the CITY whereby such subtenants attorn to the
CITY, assume all obligations and liabilities in connection with the portion of. the
Property under their respective sublease agreement, including but not limited to:
maintenance, repairs, Impositions, insurance and liability for damage, destruction and
environmental contamination.
ARTICLE 23 ,
MORTGAGE FINANCING AND ISSUANCE OF BONDS
Section 23.1 Leasehold Mortgage.
Provided that an Event of Default has not occurred and is not continuing, the
AUTHORITY shall have the right, subject to the City Commission's approval, at any
time and from time to time to encumber the leasehold estate created by this Interlocal
Agreement and any Improvements by mortgage or other security instrument. :f
ARTICLE 24
ENVIRONMENTAL
Section 24.1 Environmental Warranty of AUTHORITY.
The AUTHORITY shall include in all subleases, licenses, concession
agreements and management agreements provisions whereby such third parties shall
-ar - 91- 416
warrant and represent that they will not:
(i) unlawfully use or employ the Property, or any of the facilities thereon to
handle, transport, store, treat,. or dispose .of any hazardous wastes or substances, on
the Property,
to the -Inter s
and
(ii) will not knowingly conduct - ,
any activity on the
Property in violation of any applicable Environmental Laws;
(iii) and that any activity on or relating to the Property, and the operations of
the Air Transportation Facilities will be conducted in full compliance with all
Environmental Laws and all terms, conditions and requirements of any and all permits,
licenses, consents, approvals, and authorizations of any federal, state, or local
regulatory agencies or authorities.
Nothing set forth herein above is intended to prohibit the AUTHORITY from
authorizing subtenants, licensees, or concessionaires to undertake all activities in
connection with the receipt, distribution, storage, handling, purchase, sale,,,," and
dispensing of aviation fuel and other similar products for airport purposes.
-4Z-
97- 416
r
ARTICLE 25
MISCELLANEOUS
Section 25.1. Section Captions
The captions appearing in this Interlocal Agreement are for convenience only
and shall in no way define, amplify, limit or describe the scope or intent of this Interlocal
Agreement or any pact thereof.
Section 25.2. Other Documents.
The CITY and the AUTHORITY shall take all such actions and execute all such
documents which may be reasonably necessary to carry out the purposes of this
Interlocal Agreement, whether or not specifically provided for in this Interlocal
Agreement.
Section 25.3. Counterparts
This Interlocal Agreement may be executed and delivered in two counterparts,
each of which shall be deemed to be an original and both of which, taken together,
shall be deemed to be one Interlocal Agreement.
Section 25.4. Entire Agreement.
This Interlocal Agreement, and the documents which are Exhibits to this
Interlocal Agreement contain the sole and entire agreements entered into by the
Parties with respect to their subject matter, and supersede any and all other, /Orior
written, or oral agreements between them with respect to such subject matter.
Section 25.5. Severability
If any term, or provision of this Interlocal Agreement, or the application thereof to
any person or circumstance shall, to any extent, be invalid or unenforceable, the
remainder of this Interlocal Agreement or the application of such term or provision to
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97- 416
N
the persons or -circumstance other than' -those 'as to which it is held invalid or
unenforceable, shall not be affected thereby, and each term and provision of this
Interlocal Agreement shall be valid and be enforced to the fullest extent permitted by
law.
Section 25.6. Approvals and Consents.
Wherever in this Interlocal Agreement the approval or consent of any party is
required, it is. understood and agreed that such approval or consent will not be
unreasonably withheld or delayed, unless the context specifically indicates otherwise. Section 2
This Interlocal Agreement shall be governed by the laws of the State of Florida.
This Interlocal Agreement is subject to and shall be interpreted to effectuate its
compliance with the Charter of the City of Miami.
Section 25.8. Amendments.
No amendment may be made to this Interlocal Agreement unless authorized by
the City Commission and the AUTHORITY.
Section 25.9 Waiver of Jury Trial.
The parties hereby waive trial by jury in any action, proceeding or counterclaim
brought by either of the parties hereto against the other on, or in respect of, any matter
whatsoever arising out of or in any way connected with this Interlocal Agreement, the
relationship of Landlord and Tenant hereunder, the AUTHORITY'S use or occupancy of
the Property and/or any claim of injury or damage.
Section 25.10 Quiet Enioyment.
If the AUTHORITY pays the rents and other amounts due under the Interlocal
Agreement, observes and performs all the terms, covenants and conditions hereof, the
AUTHORITY shall peaceably and quietly hold and enjoy the Property for the Interlocal
. 44 -
97- 416
;tZ'
Agreement Term, without interruption by CITY, subject to the terms and conditions of
this Interlocal Agreement.
Section 25.11 Surrender of Possession.
Upon the expiration or earlier termination of the Interlocal Agreement pursuant to
the provisions hereof, the AUTHORITY shall deliver to the CITY.possession of. the,...._.,
Property in good repair and condition, reasonable wear and tear excepted.
Section 25.12 Attorney's Fees.
In the event that legal action is taken by either party to enforce any of the
provisions of this Interlocal Agreement, the prevailing party shall be entitled to
reasonable attorney's fees in connection with any such action.
ARTICLE 26
NO PERSONAL LIABILITY
Section 26.1 Protection From Personal Liability.
No obligation or liability of any kind or nature whatsoever incurred by or
asserted against the AUTHORITY or the CITY in connection with this Interlocal
Agreement or arising out of the Party's actions in connection therewith, shall in any
manner whatsoever be a personal obligation or liability of any member of the
AUTHORITY or any elected or appointed official of the CITY.
IN WITNESS WHEREOF, the parties have executed this Interlocal
Agreement at Miami, Florida on the day and year first above written.
ATTEST:
By:
WALTER J. FOEMAN
City Clerk
CITY OF MIAMI, a municipal corporation
of the State of Florida
By:
EDWARD MARQUEZ
City Manager
-as- 97- 416
ATTEST: MIAMI SPORTS AND EXHIBITION
AUTHORITY
By: By:
APPROVED AS TO INSURANCE APPROVED AS TO, FORM AND
REQUIREMENTS: CORRECTNESS:
By: By:
Risk Management Department A. QUINN JONES, III
City Attorney
Matson/interlocal.doc
-46. 97 416
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Biscayne Bay
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MIAMI MUNICIPAL AIRPORT AND VISITOR SERVICES CENTER
LEGAL DESCRIPTION. -
COMMENCE AT A POINT KNOWN AS P. T. STATION 25+50 OF THE OFFICIAL MAP OF
LOCATION AND SURVEY OF A PORTION OF SECTION 8706, DESIGNATED AS A PART OF
STATE ROAD A-1-A IN DADE.000NTY, FLORIDA AS.RECORDED IN PLAT BOOK 56 AT__ ...: _ .
PAGE 71 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, SAID POINT BEING
THE POINT OF TANGENCY OF THE CENTERLINE OF THE MOST NORTHERLY CURVE OF
GENERAL DOUGLAS MACARTHUR CAUSEWAY, RUNNING SOUTHEASTWARDLY FROM
THE NORTHWESTERLY CORNER OF WATSON ISLAND AND HAVING A RADIUS OF
1432.49 FEET AND A CENTRAL ANGLE OF 62A 00' 00"; THENCE RUN SOUTH 60A 52' 45"
WEST, ALONG THE RADIAL LINE OF THE ABOVE MENTIONED CURVE FOR A DISTANCE
OF 65.00 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID MACARTHUR
CAUSEWAY, THENCE SOUTH 29A 07' 15"•EAST ALONG SAID SOUTHWESTERLY RIGHT
OF WAY LINE FOR A DISTANCE OF 149.85 FEET TO THE POINT OF BEGINNING OF THE
'PARCEL TO BE DESCRIBED; THENCE CONTINUE SOUTH 29A 07' 15' EAST ALONG SAID
RIGHT OF WAY FOR A DISTANCE OF 857.55 FEET TO A POINT OF TANGENCY; THENCE
CONTINUE ALONG SAID RIGHT OF WAY LINE AND ALONG A CIRCULAR CURVE
CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 1974.88 FEET, A DELTA ANGLE OF
15^08117" FOR AN ARC DISTANCE OF 521.77 FEET TO ITS INTERSECTION WITH THE
NORTHERLY RIGHT OF WAY LINE OF THE OLD A-1-A ; THENCE CONTINUE ALONG SAID
RIGHT OF WAY AND CURVE A DELTA ANGLE OF 19A 38'58' FOR AN ARC DISTANCE OF
677.28 FEET TO A POINT OF TANGENCY OF THE SOUTHERLY RIGHT OF WAY LINE OF
MACARTHUR CAUSEWAY; THENCE SOUTH 26A 05' 30" WEST FOR A DISTANCE OF 144.46
FEET TO ITS INTERSECTION WITH THE NORTHEASTERLY LINE OF THE MAIN SHIP
CHANNEL AS SHOWN ON THE CITY OF MIAMI ZONING MAP SHEET NUMBER 22 SAID
NORTHEASTERLY LINE BEING SHOWN AS BEING 200 FEET NORTHEASTERLY FROM THE
CENTERLINE OF THE MAIN SHIP CHANNEL AS PER THE U.S. CORPS OF ENGINEERS
COORDINATE SHEET FROM CHANNEL P. I. IV TO CHANNEL P.I. V ; THENCE ALONG SAID
NORTHEASTERLY LINE NORTH 63A53'42" WEST FOR 2,854.77 FEET TO ITS
INTERSECTION WITH THE EASTERLY LIMITS OF A DADE COUNTY PROPERTY AS PER
OFFICIAL RECORDS 2454 AT PAGES 77 TO 79 OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA; THENCE NORTH 31A46'31" WEST ALONG SAID BOUNDARY FOR A
DISTANCE OF 45.80 FEET TO ITS INTERSECTION WITH THE SOUTHEASTERLY LINE OF
THE PARCEL KNOWN AS THE "ENTIRE PARCEL " , WESTERLY PORTION OF WATSON
PARK, THENCE NORTH 73A56' 26' EAST ALONG SAID SOUTHEASTERLY LINE FOR A
DISTANCE OF 1433.07 FEET TO THE POINT OF BEGINNING.
CONTAINING 30.9670 ACRES MORE OR LESS.
UPLAND AREA: 22.7858 ACRES MORE OR LESS
SUBMERGED LANDS AREA: 8.1812 ACRES MORE OR LESS
97- 416
EXHIBIT-Ce-
6-03--1997 1 2 : S3PM
June -3, 1997
FF �1GMCVB 30SS392997
a R E A T a R
MMMI
CONVENTION &VISITORS BUREAU
" L' urism is Everybod s Business
Mayor Joe Carollo and Commission
City of Miami
3500 Pan American Drive
Miami, FL 33133
Dear Mayor Carollo and -Commissioners:
It is with great pleasure that I write to inform you that the Greater Miami Convention & Visitors
Bureau (Bureau) is interested in pursuing a lease agreement with the Miami Sports and Exhibition
Authority (Authority). Our intention is to be a subtenant of the Authority and participate in the
construction of a world class Regional Visitors Center on Watson Island. Further, it is our
intention to operate the facility upon its completion.
We look forward to sitting down with your staff and negotiating the details of the project yet to
be worked out. When your staff is at a point that they are ready to begin discussing the details of
the lease, please have them call my office to arrange a convenient time.
Sin y
Merrett R. Stierheim
President & CEO
I q ;),); - I q t tl;
701 13rickell Avenue, Suite 2700, Miami, Florida 33131
(3051639-3000. Fax (305) 539-3113
P. 2
97- 416
EXHIBIT
qua
February I992
WPI No:6RZn47 �. Fund: n n - SAMAS Approp: 088800 - -----_
Function: u7 SAMAS Oq.-. nn50
Job No: R7nQg-U n . Federal No: Org. Code 55nti7no01;78
Contract No: 21G Vendor No.F-596000375010
STATE OF FLOIZIDA DEPARTMENT OF TRANSPORTATION - - _.. , "
PUBLIC TRANSPORTATION JOINT-PAR77CIPATTQIV AGREEMENT
THIS AGREEMENT, made and entered into this day of I9 13
by and between the STATE OF FLORIDA DEPARTMENT OF 7R4NSP0RTA770N, an agency of the State'of
Florida, hereinafter called the Department, and the City of Miami
hereinafter called the Agency.
WITNESSETR-
W11WAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter
nafter
descr'`nbed, and the Department has been granted the authority to function adequately in all areas of appropriate
jurisdiction- including the'implementatum of an integrated and balanced transportation system and is authorized
under F.S. 33?_.QQ6ifiJ to enter into d s•Agreement;
NOW, THEREFORE, inconsideration of the mutual covenants, prondsesand representations hero, the
parties agree as follows:
1.00 Purpose of Agreement: The purpose of this Agreement isto conduct a Master Plan Study for the proposed Air Transportation
Service Facility at Watson Island, Miami, Florida
.:s
and as further described in EAibiKsl _ A-B-C attadW hereto and by this
reference made a part hereof, hereinafter called the project, and to provide Departmental financial assistance to the
Agency and state the terms and conditions upon which such, assistance will be provided and the understandings as
to the manner in which the project will be undertaken and completed.
I
0. RETun -IG FOR Fl R01EIR
REVIEW, PLEASE IDENTIFY AS
EXHIBIT-K. # 9.7- 416
w
, February 1992
2.00 Accomplishment of the Project:
2.10 General Requirements: The Agency shall commence, and complete the project as described in
Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the
provisions herein, and all applicable laws.
220 Pursuant to Federal, State; anii Lacal Lava: In'the event that any election, referendum, approval,
permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter
into this Agreement or to, undertake the project hereunder; or to observe, assume or carry out any of The provisions
of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect
to any such matters so requisite.
2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings
necessary including federal aid requirements to enable the, Agency to provide the necessary funds for completion of
the project.
2.40 Submission of Proceedings.. Contracts and Other Documents: The Agency shall submit to the
Department such data, reports, records, contracts and. other documents relating to the project as the Department
may require as listed in Exhibit "C".
3.00 Project Cost: The total estimated cost of the project is $_U0.000'.00 This
amokn is based upon the estimate summarized in Exhibit "B" and by this reference made a part hereof. •The
Aggcy,agrees to bear all expenses in excess of the total estimated cost of the project and any deficits -involved,
4.00 Department Participation: The Department agrees to maximum participation, including
contingencies, in the project in the amount of S 7 . Sco _Cib as detailed in Exhibit "B
or in an amount equal to the percentages) of total project wd shy is Exhab&B-, =Wdawa is Ins.
4.10 Project Cost Eligibility: Project costs eligible for State participation mall be allowed only from the
date of this Agreement. It is understood that State participation in eligible projectzostris subject to:
a) Legislative approval of the Department's appropriation request in the work program year that
the project is scheduled to be committed
b) The understanding that disbursement of funds will be made in accordance with the balanced thirt
six (36) month cash forecast;
c) Availability of funds as stated in paragraph 17.00 of this Agreement;
d) Approval of all plans, speeificataons, contracts or other obligating documents and all other terms
of this Agreement;
e) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation
authority biomes available
-
en Front End Funding: Front end funding $� (is not) applicable. If applicable, the Dgm*ne, t may
initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of
participata n as shown in paragraph 4.00.
5.00 Retainage: Retainage M (is not) applicable if applicable, N/A percent of the
Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at
the Department's discretion, on or before the completion of the final project audit.
.2
97- 416
February 1992
6.00 Project Budget and Disbursement Schedule:
6.10 The Project Budget: Prior to the execution of this Agreement, a project budget, shall be prepared " -
by the Agency and approved by the Department, The Agency shall maintain said budget, carry out the project and
shall incur obligations against and make disbursements of project funds only in conformity with the latest approved
budget for the project. The budget. may be revised periodically, and if revised, a copy of the revision should be
forwarded to the Comptroller.- No budget increase or decrease shall be effective un/ass It complies with fund
participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department
Comptroller.
6.20 Schedule of Disbursements: The Agency shall provide the Department with a time -phased schedule
of the Department funds to be expended an the project. This schedule shall show estimated disbursements for the
entire term of the project by quarter of fiscal year. 770 schedule may be divided by project phase where such division
is determined to be appropriate by the Department. Any sign ftcant deviation from the approved schedule in Exhibit
"B" requires submission of a supplemental schedule by the Agency.
7.00 Accounting Records:
7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the
project,, in conformity with uniform requirements that may be established by Department program
guidflines/procedures and Generally Accepted Governmental Accounting Standards (GAGAS) to faa7itate the
admin' ation of the financing program, separate accounts to be maintained within its existing accounting system
or establish independent accounts. Such accounts are referred to herein collectively as the 'project account''
The
project account shall be made available upon request by the Department any time during the period of the Agreement
and for fee years after final payment is made.
720 Funds Received Or Made Available for 77ne Project: The Agency shall appropriately record in
the project account, and deposit in a bank or trust company which is.a member of the Federal Deposit Insurance
Corporation, all payments received by it from the Department pursuant to this Agreanent and all other funds
provided for, accruing to, or otherwise received on account of the project, whieln••Department payments and other
funds are herein collectively referred to as "project fiends'. The Agency shall require depositories of project funds
to secure continuously an& fully all project funds in excess of the amounts -insured under federal plans, or under
State plans which have been -approved for the deposit of project funds by theDeparh=t, by the deposit or -setting --
aside of collateral of the types and in the manner as prescribed by State law for the security of public funds, or as
approved by the Department.
Incurred for the Project: The Agency shalF-chargr to-Eheyrojxt account all eligible costs
of the project. Casts in excess of the latest approved budget or attributable to actions which have not received the
required approval of the Department shall not be considered eligible costs.
7.40 Documentation of Project Costs: All costs charged totheprgert,including anyapprovedservices
contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices,
contracts, or vouchers evidencing in proper detail the nature and propriety of the charges.
7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any ifem
which is or will be chargeable against the project account will be drawn only in a=rdance with a properly signed
voucher then on faze in the of flu of the Agency stating in proper detail the purpose for which such .check or order
is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or o0wlaccwfing documents pertaining in
whole or in part to the project shall be clarrly identified, readily accessible, and, to the extant feasible, kept separate
and. -apart from all other such documents. - -- _
97— 416
February I992
7.60 Audit Reports: The Agency shall provide to the Department for each of its fiscal years for which
the project account remains open, an audit report prepared either by its official auditor or audit agency or an
independent certified public accountant, reflecting the use of the funds of the Department, the Agency, and those
from any other source with respect to the project. Audits shall be performed in accordance with generally accepted
government auditing standards contained in the Standards for Audit of Governmental 0rganizati2M Pra amns
Activities and Functions, issued by the LI. S. General Accounting Office and OMB Circulates A-128 or A-133
where applicable. The Agency shall require its auditors to include in their report a schedule of project assistance
as described in Exhibit "A", Special Considerations.
7.70 Insurance: The Agency shall corny property and casualty insurance on project equipment and.. — -
facilities and provide evidence of said insurance for the project amount stated in paragraph 4.00 of this Agreement.
If this Agreement is for purchase of land, the Department mdy waive or modify this section with an Exhi t "C".
8.00 Requisitions and Payments:
8.01 Bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
8.02 Bills for any travel expenses shall be submitted in accordance with Chapter 112.061 F.S.
The Department may establish rates lower than the maximum provided in Chapter 112.061 Florida Statutes.
8.03 If, after project completion, any claim is made by the Dgw*nmt resulting from an audit
or JW work or services performed pursuant to this agreement, the Department- my offset such amount from
payments due for work or services done under any public transportation joint particiation agreement which it has
with the Agency owing such amount if, upon demand, payment of the amount is not made -within sixty (60) days
to the Department. . .
8.04 Offsetting any amount pursuant to section 8.03 shall not be considered a breach of
contract,by the Department.
8.10 Preliminary Action by the Agency. In order to obtain any Department funds, the Agency shall:
8.11 With respect to property acquired, file with _the Department of Transportation,
District Six 2, South Miami Av flit . Miami Florida, 31 i 40
its requisition on a forma or forms pressed by the Department, and such other data pertaining to the project
account (as d , n ao �, .7.10 hereof) and the project as the Department may-rap&r,-ioIustify amid support
the payment requisitions, including.
(1) the date the Agency acquired the property,
(2) a statement by the Agency certifying that the Agency has acquired said property and=
(3) if the requisition coves the acquisition of real property, '
A. a statement by the Agency certifying that the Agency has acquired said/" ,
real property, and actual consideration paid for real property.
B. a statement by the Agency certifying that the appraisal and acquisition of the
real property together with any attendant relocation of occupants was
accomplished in compliance with all faieral laws, rules and procedures squired
by any federal oversight agency and with all state laws, rules and procedures
tkat may'apply to the Agency acquiring the real property: -
4
97- 416
February 1992
7.60 Audit Reports: The Agency shall provide to the Department for each of its fiscal years for which
the project account remains open, an audit report prepared either by its official auditor or audit agency or an
independent certified public accountant, reflecting the use of the funds of the Department, the Agency, and those
from any other source with respect to the project.. Audits shall be performed in accordance with generally accepted
government auditing standards contained in the Standards for Audit of Governmental Organizations, Mg arms
Activities and Functions, issued by. the U. S. General Accounting Office and OMB Circulares A-128 or A-133
where applicable. The Agency shall require its auditors to include in their report a schedule of project assistance
as described in Exhibit "A",.Special Considerations.-.- -
7.70 Insurance: The Agency shalt carry property and casualty insurowe -on • prOI'Wt equipment • and _
facilities and provide evidence of said insurance for the project amount stated in paragraph 4.00 of this Agreement.
If this Agreement is for purchase of land, the Department may waive or modify this section with an Exhibit "C".
8.00 Requisitions and Payments:
8.01 Bills for fees or other compensation for services or expanses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
8.02 Bills for any travel expenses shall be submitted in accordance with Chapter 112.061 F.S.
The Dep, rtment may establish rates lower than the maximum provided in Chapter 112.061 Florida Statutes.
8.03 If, after project completion, any claim is made by the Department resulting from an audit
or Jbi work or services performed pursuant to this agreement, the Department may offset such amount from
payments due for work or services done under any public transportation joint particiation agreement which it Am
with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days
to the Department.
8.04 Offsetting any amount pursuant to section 8.03 shall not be amsidered a bra3ch of
contract -by the Department. — - — -
8.10 Preliminary Action by the Agency: In order to obtain any Department funds, the Agency shalk
8.11 With respect to property acquired, file with theDepartmentof Transportation, -
District_,$.iY . 602 Snuth Miami AveaLe Miami Florida, I'll 30
its requisition on a forms or forms prescribed by the Department, and such other data pataining to the project
account (as defined i_ 'nTvar ;gwpph.7.10 hereof) and the project as the Department may requir"Justi fy and support
the payment requisitions, including:
(1) the date the Agency acquired the property,
(2) a statement by the Agency cati%frog that the Agency has acquired said property and?
(3) if the requisition covers the acquisition of real property; '
A. a statement by the Agency certifying that the Agency has acquired said
real property, and actual consideration paid for real property.
B. a statement by the Agency certifying that the appraisal and acquisition of the
real property together with any attendant relocation of occupants was
accomplished in compliance with all federal &m, rules and procul"ures required
by any federal oversight agency and with all state lawn, rules and procedures
- - tltarmayapply to the Agency acquiring the real property: -
4
97— 416
.IiS�ryf�l'.ri�l t
February I992
8.12 Comply with all 'applicable provisions of this Agreement.
8.20 The Departm att's Obligations: Subject to other provisions hereof, the Department will honor such
requisitions in, amounts and at times deemed by the Department to be proper to ensure the carrying out of the
project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the
Department may elect by notice in writing not to make a payment on the project account it.
8.21 Misrepresentation: The Agency shall ham made misrepresentation of a material nature
in its application, or any.supplement.therdo. or amendment thereof, or in or with.respect to any document
of data furnished therewith or purst�ant hereto;
8.22 Litigation: There is then pending litigation with respect to the performance by the
Agency of any of its duties or obligations which may jeopardize or adversely affed the project, the
Agreement, or payments to- the project;
823 Approval by Department: The Agency shall have taken any action pertaining to the
project which, under this agreement, requires the approval of the Department or has made related
expenditure or incurred related obligations without having bean advised by the Department that same are
approved, .
1
824 Conflict of Interests: T7nerehas been any violation of the conflict of inferastprovisions •
' contained herein; or
825 Default: The Agency has been determined by the Department to be in default under
any of the provisions of the Agreement.
826 Federal Participation Qf Applicable): The Department may suspend or terminate
the financial assistance of this grant if any federal agency providing faieral financial assistance for the project
determines that the purposes of the statute under which the project is authorized would not be adequately served
by continuation of federal financial assistance to the project. — -
8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude
all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided
for in the latest approved budget for the project, and costs atfrnbufable to goods or services received under a contract
or other arrangements which have not been approved in writing by the Department.
9.00 Termination oasperation Uf'Project:-
9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally
discontinues the project; or if, by reawn.of any of the events or conditions set forth in paragraphs 821 to 8.26
inclusive, or for any other reason, the eommencament, prosecution, or timely completion of the project by 14 Agey
is rendered improbable, infeasible, impossible, or illegal, the Department ivill, by written notice to the:Ageney,
suspend any or 411 of its obligations under this Agreement until such time as the event or condition resulting in
such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under
this Agreement.
9.11 Action Subse upmt to Notice of Termination or Suspension. Upon receipt of any final
termination or suspension notice under this paragraph, the Agency sMI proceed promptly to carry out the
actions required therein which may include any or all of the following. (1) necessary action to terminate
or suspend, as the case may, be, project activities and contracif and such other action as may beaquired
9;7-- 416
k.
l
February I992
or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2)
furnish a statement of the project activities and contracts, and other undertakings the cost of which are
otherwise includable as project costs; and (3) remit to the Department such portion of the financing and
any advance payment previously received- as. is determined by the Department to be due under the
provisions of the Agreement. The termination or suspension shall be carried out in conformity with the
latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions
imposed by the Departmen t. upon the failure of the Agency to furnish the.schedule, plan, and budget within
a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial
— • participation in the project shall not constitute a waives of any claim which the Department may otherwise
have arising out of this Agreement.
9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the
contractor or Agency to allow public access to all documents, papers, letters, or other material subject to
the provisions of Chapter 119 Florida Statutes and made or received in conjunction with this Agreement.
10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project,
and affer payment, provision for payment, or reimbursement of all project costs payable from the project account
is made, the Agency shall remit to the Department its share of any unexpended balance in the project account.
11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the
Dep►zrrtinent's authorized representatives to inspect all work, materials, payrolls, records, and to audit the books,
rec"aand accounts pertaining to the financing and development of the project.
12.00 Contracts of the Agency:
1210 Third Party Agreements: Except as otherwise authorized in writing by the Department, the
Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department
joint participation funds, including consultant or construction contracts or amendments thereto, with any third
party with respect to the project without the written approval of the Department. Failure to obtain such approval
shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department
sped Tkc ally reserves unto itself the right to review the qualftations of any consultant or contractor and to approve
or disapprove the employment of the same.
1220 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by
the parties hereto that participation by the Department in a project with an Agency, where said project involves a
consultant contract for engineerin& architecture or surveying services, is contingent on the Agency complying in
-MFwith-provisions of Section 287.055, Florida Statutes; Corwalt=is—Competitive Negotiation Act. At the
discretion of the Department , the Agency Will involve the Department in the Consultant Selection Process for all
projects. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished
in compliance with the Consultant's Competitive Negotiation AcE
1230 Minority Business Enterprise (MBE) Policy and Obligation:
1231 MBE Policy: It is the policy of the Department that minority business enterprises as
defined in 49 CFR Part 23, as amended, shall have the maxinncrn opportunity to participate in the
performance of contracts financed in whole or in part with Department funds under this Agreement. The
MBE requirements of 49 CFR Part 23, as amended, apply toAVLAgreemmE
1232 MBE Obligation: The Agency and its contractors agree to ensure that Minority Business
Etaierprises as defined in 49. C.F.R Part 23; as amended, have the hiax mum opportunity to participate in
6
97— 416
February I992
the performance of contracts and this Agreement. in this regard, all recipients, and contractors shall take
all necessary and reasonable steps in accordance with 49 C.F.R. Part 23, as amended, to ensure that the
Minority Business Enterprises have the maximum opportunity to compete for and perform contracts.
Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin
or sex in the award and performance of Department assisted contracts..
12.33 Disadvantaged Business Enterprise (DBE) Obligations:lf Urban Mass Transportation
Administration or Federal Highway Administration Funding is a part of this project, the Agency must
comply with Subpart (E) of.CFR 49, Part 23, as amended.'
13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: -
13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency
shall not discriminate against any employee or applicant for employment .beaause of race, age, creed, color, sex or
national origin. Thi Agency will take affirmative action to ensure that applicatats are employed, and that employees
are treated during employment, without regard to their race, age, creed, color; sex, or national origin. Such action
shall include, but not be limited to, the following. Employment upgrading, demotion, or transfer; recruitment or
recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Agency shall insert the foregoing provision modifud only to show the particular
contractual relationship in all its contracts in connection with the development of operation of the project, except
contra�ts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a
similar provision in all subcontracts, except subcontracts for standard commercial supplies or ram materials. What
the project involves installation, construction, demolition, removal, site improvemernt, or similar work the Agency
shall post, in conspicuous places available to employees and applicants for employment for project work notices to
be provided by the Department setting forth the provisions of the nondiscrimination clause.
1320 Title VI - Civil Rights Act of 1964: The Agency will comply zaa all the requirementsimposed
by Title"VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of
Transportation issued thereunder, and the assurance by the Agency pursuant thereto.
13.30 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall
entei into any contract, subcontract, or arrangement in connection with the project or any property included or
planned to be included in the project, in which any member, officer, or employee of the Agency or the locality during
his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member,
officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such intaest,
and if such interest is immediately disclosed to the Agency, the Agency zoith prior approval of the Department, may
waive the prohriiiiibn contained in this subsection: Provided, that or employee shall
not participate in any action by the Agency or the locality relating to such contract, subcontract, or arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any property includsd or
planned to be included in any project, and shall require its contractors to insert in each of their subcontrayts, the
following provision:
"No member, offua, or employee of the Agency or of the locality durum his tenure or for two yam.
thereafter shall have any interest, direct or indirect, in this contact or the proceeds thereof.".
The provisions -of this subsection shall not be applicable to any agreement between the Agency and its fiscal
depositories, or to any agreement for utility services the rates for which are fired or controlled by a Governmental
agency`
.-
7
9?- 416
February 1992
13.40 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of
the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
14.00 Miscellaneous Provisions:.
14.10 Environmental Pollution: All Proppwis, Plans, and SPacq cations for the acquisition,
construction, reconstruction, improvement of facilities or equipment, shall be presented 10 the Department for review.
In rendering such review, the Department shall determine whether such facility or equipment is designed and
equipped to prevent and control environntental pollution:
14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable
hereunder to any party other than the Agency.
1430 When Rights and Remedies Not Waived:• In no event shall the making by the Department of
any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or
any default which may then exist, on the part of the Agency, and the making of such payment by the Department
while any such breach or default shall exist shall in no way impair or prejudice any right or randy available to the
Department with respect to such breach or default.
14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this
Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder
would 16 continue to conform to the terms and requirements of applicable law.
-14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid
and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application
for the financing hereunder.
14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce
compliance with any provision thereof, perforate any other act or do any other thing in contravention 'of any
applicable State law. Provided, that if any of the provisions of the Agreement violate any applicable•Staie law, the
Agency will at once notify the Department in writing in order that appropriate changes and modifications may be
'made'by the Department and the Agency to the end that the Agency may proceed as soon as possible with the
project.
14.70 Use and Maintenance of Project Facilities and Equipment: TheAgencyagrees that the project
facilities and equipment will be used by the Agency to provide or support public transportation for the period of the
us4iiHif"f-such facilities' and equipment as determined in accordance-with-gaheral accounting principles and
approved by the Department. The Agency further agrees to mains in the project facilities and equipment in good
working order for the useful life of said facilities or equipment:
14M Property Records: The Agency agrees to maintain property records, conduct physical
inventories and develop control systems as required by 49CFR Part 18, when applicable
14.80 Disposal of Project Facilities or Equipment: If the Agency d46ses of any project facility or
equipment during its useful life for any purpose except its replacement with Wz facility or equipment for public
transportation use, the Agency will comply with the terms of 49CFR Part 18 relating to property management
standards. The Agency agrees to remit to the Department it proportional amount of the proceeds from the disposal
of the facility or equipment. Said, proportional amount shall be determined onW basis' of the ratio of the
Department financing of the fachHty'or equipment as provided in this Agreement.
8
97-- 416
w
s
February 1992
1490 Contractual Indemnity: To the extent permitted bylaw, the Agency shall indemnify, defend, save,
and hold harmless the Department and all its officers, agents or employees from all suits, actions, claims, demands,
liability of any nature whatsoever arcing out of, because of, or due to breach of the Agreement by the Agency or
its subcontractors, agents or employees or due to any negligent act, or occurrence of omission or commission of the
Agency, its subcontractors, agents or employees. Neither the Agency nor any of its agents will be liable under this
section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole
negligence of the Department or any of its officers, agents or employees. The parties agree that this clause shall not
waive the benefits or provisions of Chapter •76&28-Florida•Statutes or any similar provision of law.
15.00 Plans and Speeificationat.rn-the.e9ent.that this:Agreement involves. the purchasing -of capital
equipment or the constructing and equipping of facilities, the Agency ahall submit to the Department for approval
all appropriate plans and specifications covering the project. The Department will review all plans and specifications
and will issue to the Agency written approval with any approved portions of the project and comments or
recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments
and recommendations to the Department's satisfaction, the Departmaent wall issue to the Agency written approval
with said remainder of the project. Failure to obtain this written approval shall 6e sufficient cause for nonpayment
by the Department as provided in paragraph 8.23.
16.00 Agency Certification: The Agency will certify in writing prior to project closeout that the project
was completed in accordance with applicable plans and specifications, is in place on the Agency fatality, that adequate
title�isjn the Agency and that the project is accepted by the Agency as suitable for the intended purpose.
:17.00 Appropriation of Funds:
17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Legislature.
17.20 Multi -Year Commitment: in the event this Agreement is in exrtss of $25,000 and has a term for
a period of more than one year, the provisions of Chapter 339.I35(7)(a), Florida Statutes, are hereby incorporated. -
;'(a) The Department, during anyPascal year, shall not expand money, incur any liability, or enter
' into any contract which, by its terms involves the expenditure of money in excess of the amounts
budgeted as available for expenditure during such focal year. Any contract, verbal or written,
made in violation of -this -subsection shall.be.null and void, and no- money shall. be.paid.thereon.
... .
The Department shall require a statement from the comptroller of the Department that funds are
available prior to entering into any such contract or other binding commitment of funds. Nothing
herein shall prevent the making•of contracts for a period exceeding one year, but any contract so
made shall be executory only for the value of the services to be rendered or agreed to be paid for
in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the
Department which are ]bran amount in excess of twenty-five thousand dollars and having a -term
for a period of more than one year." !,
18.00 Expiration of Agreement: The Agency agrees to complete the project on or before
June 30, 1995 . If the Agency does not complete the project within this
time period, this Agreement will expire unless an extension of the time period is requested by the Agency and
granted in writing by the District Secretary, District Six • . Expiration of this Agreement will be considered
termination of the project and the procedure established in paragraph 9.00 of this Agreement shall•be initiated. ----
9 _.
9'7- 416
a:
February 1992
19.00 Agreement Farmat: All words used herein in the singular form shall extend to and include the
plural. All words used in the plural form shall extend to and include the singular. All words used in any gender
shall extend to and include all genders.
20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two
counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall
constitute one in the same instrument. -
21.00 Restrictions on Lobbying:
21.10 Federal: The Agency agrees that no federal appropriated funds hade been paid or will be paid by
or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any
federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal contract, the making of any federal grant, thexna,Fing of any federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renem 1, amendment or
modification of any federal contract, grant, loan or cooperative agreement.
If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with this joint Participation Agreement, the
un4rsoed shall complete and submit StandardForm-L.LL, "Disclosure Form to Report Lobbying,• in accordance
wi th' i is instructions.
The Agency shall require that the language of this section be included in the araard documents for all suba=rds
at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly.
21.20 State: No funds received pursuant to this contract may be expended for lobbying the 6gislature
or a state agency.
22.00 Vendors Rights: Vendors (in this document identifual as Agency) providing goods and,services
to the Department should be aware of the following time frames. upon receipt, the Department has five (5) working
days to inspect and approve the -goods -and -services unless the bid spe djications, purchase order or contract specifies..._ -- --- - ---
otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking.
and Finance. The 20 days are measured from the latter of the date the invoice is recdved orr the goods or services
are received, inspected and approved.
If a payment is not available within 40 days after receipt of the invoice and roceipt, inspection and approval of goods
and services, a separate interest penalty of 0.03333 percent per day will be due and payable, in addition to the
invoice amount to the Agency. T lee interest penalty provision applies after a 35 day time period to health care
providers, as del W by rule. Interest penalties of less than one (1) dollar will not be enforced unless the, Agency
requests payment: Invoices which have to be returned to in Agency bemuse of Agency preparation errors mill result
in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is
provided to the Department.
A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this
individual include acting as an advocate for Agencies who -may be aperiencing problems in obtaining timely
payment(s) from the Department. The Vendor Ombudsman may be contacted at (904)498-2924 or by calling the
State Comptroller's Hotline,1-800-848-3792.
- - 10
97-- 416
Ot
w-
February 1992
WPINO. - 6823097_
10B.NO.--.87oga-3810
Agreement Date /993
v
IN WITNESS WHEREOF, the parties hereto have caused these presents be c= fed the day and YW'r flrSf above
written.
AGENCY
City olx
BY.
Cesar H. Odio
Tnja- City Manager
a �er
APPROVED AS TO. FORM AND 'CORMTRESS.-
1�
DATE FUNDING APPROVED BY COMPTROLLER
(SEE A77ACM ENCUMRANCE FORM)
APPROVED AS TO FORM, LEGALITY
0R'*Y DE rARTMENT OF SP RTA770M
ATTEST: AMIZl 2 - 2;,vA—,a4A-&, (SEAL)
EXECU77YE SECRETARY
OR NOTARY
11
.97- 416
=alas=aaasnaoaaaasnae=nnanaa=naaesaannnansa=nsacaz=aat:naamnsn=aria
ENCUMBRANCE INPUT FORM
aasxaaaaaa=naaaeaannsssaaaan=aasaaaaansn;naasaaaanx;a=asoammnonaa
RUSH (Needed by / /� (date))
Reason for RUSH :
Advertise (Letting Date) 'Award-- Renewal .. -
Letter of Authorization Xg New Court Order Overrun
Supplemental Correction Addition Termination Agmt.
Contract # _AA226 Contract Type AG Method of Procurement G
Vendor Name City of Miami Vender ID F 596-000-375-01O
has Written/Verbal Approval from a Participating Federal Agency
been received Yes XX No
Fed Agmt Amt $135,000 State Funds $7,500 Local $7,500
Beginning date of this Agmt: 05/01/93(Must be after fund approval)
Ending date of this Agmt: 12/31/95(Estimate if necessary)
Execution date of this Agent: -_/_,/_(Only on original agreements)
Has work been authorized to begin? Yes X No Have
standard financial provisions been altered by contract terms?
'Yes X_ No If so, show Revision date: Does
this agreement and/or change order include provisions for
reimbursement to D.O.T. from other entities? . Yes X_ No If
so, has the JPA been approved by the COMPTROLLER?, Yes No
Brief description of work: Master Plan Study for the proposed Air
Transportation Service Facility at Watson Island.
DS fund amount $7,500 for WPI 6823097
ORG-CODE *EO * OBJECT * AMOUNT * CO/SEC/JOB#/PH *FCT
(PROGRAM#) ( WPI # — -) (FUND) numeric
( FYI ) To be completed if funded in 2 or more fiscal years.
aa=Hansata=msosassasaaaaasaaaaaaamaeamn=aaaaaaaaaaaaa==aaaaaaanaaa
55062020628 *11 *730056 * .,500 * 87098-3810-50 *637 —
( 2095•. ) ( 6823097 ) (010 )
( )
- - - - - - - - - - - - - -lu. - .. - - - - - - •• - - r - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
V - - - - - -
55062020628 *11 *730050 * $ * ;50 *637
(' ) ( ) (Olb)
( )
------------- -------------- -----------------------------------
55062020628 *11 *730050 * $ * -50 *637
( ) ( ) (010 )
( ) TOTAL AMOUNT * $7,500
Originator: Anne S. Brewer Date:_04/15/93—Phone SC452-5906
E-mail user ID Pt629ab
TO BE COMPLETED BY OFFICE OF COMPTROLLER
BUDGET ENTITY 5580 CATEGORY 088800-93 9 7--
_____ a*r runt+ etil-hnrized an 03/23 93a7, 5W..00
Im
ALLOTMENT—Ab=!42,385.00 YEAR _93— L F, CHECKED _04/19/93_
FUNDS APPROVED BY —Marsha —Johnson DATE _04/19/93
9?- 416
m
WPI NO. 6823097
JOB NO. 87098-3810
EXHIBIT "A"
PROJECT DESCRIPTION'AND RESPONSIBILITIES ;
This forms an integral part of that certain Joint
Participation Agreement between the State of Florida, Department
of Transportation, and the City of Miami datedAti¢ /g
PROJECT LOCATION:
Watson Island Air Transportation Facility - City of Miami
PROJECT DESCRIPTION:
Conduct a•Master Plan Study for the proposed Air
Transportation Service Facility at Watson Island.
SPECIA*L CONSIDERATIONS BY AGENCY:
The audit report(s) required in Paragraph 7.6-0'-d'f the Agreement
shall include a schedule of project assistance that will reflect
the'Department's contract number, WPI number, and JOB'number and
the Federal Identification_numher.,.where.applicable, and, the
amount of state funding action (receipt and disbursement of
funds) and any federal or local funding action from any other
source with respect to the project.
SPECIAL CONSIDERATIONS BY DEPARTMENT: NONE
i
97- 416
WPI NO.: 6823097
JOB NO.: 87098-3810
EXHIBIT "B"
PBOJgCT COST AND CASHFLOW:
This exhibit forms an integral part. of that certain Joint Participation
Agreement between the STATE Of FLORIDA, DEPARTMENT OF TRANSPORTATION, and
the CITY OF MIAMI dated t •/ 0
I. PROJECT COST: 6823097 $ 150,000.00
TOTAL -PROJECT COST: $ 150,000.00
II. FUND PARTICIPATION:
Federal Participation: (FAA)
(90.0%)
$
135, 000.;00
Public Agency Participation: (LF)
( 5.0$•)
- $-
• •7 j 500.00
Department Participation: (DS)
( 5.0t)
$
7,500.00
TOTAL PROJECT COST:
$
150,000.00
III. ESTIMATED CASHFLAW OF STATE FUNDS ($
X 10001
Fiscal Year 1st Otr. 2nd Otr.
3rd Qtr.
4th Qtr.
92/93 0 0
0
1.5
93/94 1.5 1.5
1.5
r1.5
57- 416
WPI NO.: 6823097
JOB NO.: 87098-3810
EXHIBIT "C"
REQUIRED SUBMITTFICATIONS AND
BASIS FOR THEIR ACCEPTANCE BX THE DEPARTMENT
This exhibit forms an integral part of that certain Joint
Participation Agreement between the State of Florida, Department
of Transportation, and the City of Miami dated ,{f4- 4,
Documents required to be submitted to the Department by the
Agerkc� in accordance with the terms of this contract.
SUBMITTAL/CERTIFICATION RESPON-SIBILITY
Consultant Selection Compliance Agency Attorney Certified.
Design Submittal Department -Letter..
Construction/Procurement Department Letter
MBE Compliance Agency Certified
Safety Compliance Agency Certified
Audit Reports As Requested
97- 416
o`r
WPI No: 6823097 Fund: 010 SAMAS Approp: 988719
JOB: 87098-3810 Function: 637 SAMAS Object: 790007
Federal No: N/A Org. Code: 55062920628
Contract No: AA2.26.- vendor No: F596000375010
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
THIS AGREEMENT, made and entered into this /4- day of 0(�AiGt 1.9 174. ,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency
of the State of Florida, hereinafter called the Department, and the
CITY OF MIAMI, hereinafter called the Agency.
WITNESSETH:
WHEREAS, the Department and the Agency heretofore on the Aj1h of June,
1993 entered into a Joint Participation Agreement; and
1.
WHEREAS, the Agency desires to accomplish certain project items as
outlined in the Attachment "A" -appended hereto; .and
a
WHEREAS, the Department desires to participate in all eligible items for
this project as outlined in Attachment "A" for a total Department Share of
SI00500.
NOW, .THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration
of the mutual benefits to flow from each to the other, the parties hereto
agree that the above described Joint Participation --Agreement- is to be amended
and supplemented as follows:
1.00 Project Descriptions
Conduct a Master Plan Study for the proposed Air Transportation Service
Facility at Watson Island, Miami, Florida.
2.00 Project Cost:
Paragraph 3.00 of said Agreement is increased by $60,006 bringing the
revised total cost of the project to $210,000. Z
Paragraph 4.00 of said Agreement is increased by $3.00Q bringing the
Department's revised share in the project to 10 500.
3.00 Amended Exhibits:
Exhibit "B" of said Agreement is amended by Attachment "A".
4.00 Contract Time:
Paragraph 18.00 of said Agreement is amended N/A
9�- 416
WPI No: 6823097
JOB No: 87098-3810
ATTACHMENT "A"
SUPPLEMENTAL AGREEMENT
This Attachment forms an integral part of that certain' Supplemental
Joint Participation Agreement between the--State--of--Florida;- D_.epartment_ of
Transportation and the City of Miami dated 10/1V44.
DESCRIPTION OF SUPPLEMENT:.
Justification for cost change: Increase in project. cost estimate.
I. Project Cost: As approved As amended Net Change
TOTAL PROJECT COST $ 150,000 $ 210,000 $ 60,000
II. Fund ,Participation:
Fedg1rAl:(FAA) (90.0%) $ 135,000
Agency:(LF) ( 5.0t) 7,500
Department:(DS) ( 5.0t) 71500
TOTAL PROJECT COST $ 150,000
(90.0%) $ 189,000
$ 54,000
( 5.0%) 10,500
3,000
( 5.0%) 10,500
3,000
$ 210,000
$ 60,000
97- 416
y
A
WPI No: 6 3097
JOB No: 87098-3810
Agreement Date •
Except as hereby modified, amended or changed, all other terms of said
Agreement dated June. 4._ ..1.992--.and any other --. subsequent. --sUPplements shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents be
executed, the day and year first above written.
AGENCY
BY:
TITL
ATTE
TITL;
APPROVED AS TO FORM AND CORRECTNESS:
MIA
//! %i.� � �
DATE FUNDING APPROVED BY COMPTROLLER
(SEE ATTACHED ENCUMBRANCE FORM)
LEGALITY
TRANSPORTATION
(� (2-04'x�' -
DIRECTOR, PLANNINGPLANNINGtAPD PROGRAMS
DISTRICTS X
City ttor
.: W COM�tS5i0N / C 16M Saco NOTARY
Sepbift 26.1W r
COUNTY OF
The foregoincinstrument was acknowledged before me thisl(,S, r� d c+ OC40N4-
Koe,ehsv� {Daw
by Dir. Planning & Proa., who is. personally known to me
(um and wb of paitiool
or who has produced as identification and whho;!L did _(did not)
take an oath.
97- 416
4 `"trLL1
ENCUMBRANCE INPUT FORM===-=__=_--_-____^____-__'
RUSH (Needed -by==_/'%_===-(datie))_______________
Reason for RUSH :
Advertise (Letting a e) _ Award Renewal
Letter of KutHorlzition New Court Oraer Overrun
-Supplemental - .Correction Mition Termination Agmt.--
Contract Contract .-Typa ---- _ • o rocuremen :
Vendor Name —City of Miami •-Ven%or ID F596000375010
Has Written/Verbal Approval from a Participating Federal Agency
been received Yes No X
Fed Agmt Amt$1891000 St —Me Funds 10,500 Local Funds$ 10,500
Beginning date of this Agmt: 09/017W(Must Be after fund approval)
Ending date of this Aqmt: 06/30/95(Estimate if necessary)
Execution date of this Agmt: / / (Only on original agreements)
Has work been authorized to be in? -R Yes No
Have standard financial provis7ons been altered by contract terms?
Yes X No If so, show Revision date:
Does this -agreement and/or change order include provisions or
reimbursement to D.O.T. from other entities? Yes No
BAf description of work:MASTER PLAN STUDY FOR THE PROPOSED AIR
TWSPORTATION SERVICE FACILITY AT WATSON ISLAND.
SUPPLEMENTAL AGREEMENT - ADDITIONAL ** $3,000 **
ORG-CODE *EO * OBJECT * AMOUNT * CO/SEC/JOB#/PH *FCT
(PROGRAM#) ( WPI if ) (FUND) numeric
(..FY's ) To be completed if funded in 2 or more fiscal years.
55062020628 * 11 * 790007 * $ 3,000 * w7e98/3810/•50 * 637
' ( 94/95j ( 2095 (76823097 ) (010)
------------------------------------------------------------------
55
------------------------------------------------------------------
( ) ( ) ( )
TOTAL AMOUNT * $ 3,000
---------------------------------- --------------------------�=--
Originator:Richard L. Duley Date:-08/01/94 Phone SC 452-5912
E-MAIL user ID. PT628RD 30-6-377-5912
TO BE COMPLETED BY OFFICE OF COMPTROLLER
******************************************************************
BUDGET ENTITY 5580 CATEGORY 088719
WORK ORDER BALAACE approved 8-3-94 $3-jU00
ALLOTMENT 14,120,0UY.00 YEAR 94 DATE
FUNDS APPROVED BY marsnia-Johnson - 8-5-94
FOR THOMAS F. BOYD, CPA, COMPTROLLER .
******************************************************************
97- 416
i
i
WPI No:6823097 Fund: 010 SAMAS Approp: 088719.
JOB: 87098-3810 Function: 637 SAMAS Object: 790007
Federal No: N/A Org. Code: 55062020628
Contract No: &A22§ Vendor No: F596000375010
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION.
PUBLIC TRANSPORTATION -SUPPLEMENTAL JOINT -PARTICIPATION AGREEMENT
NO, 2 A, _
THIS AGREEMENT, made and entered into this 8 day of 19 9�e,
by and between the STATE OF FLORIDA DEPARTMENT OF.TRANSPORTATIONf an agency
of the State of Florida, hereinafter called the Department, and the CITY OF
MIAMI, hereinafter called the Agency.
WITNESSETH:
WHEREAS, the Department and the Agency heretofore on the A= of June,
1993 entered into a Joint Participation Agreement; and
WHEYtEAS, the Agency. desires to accomplish certain project items as
outlined in the Attachment "A" appended hereto; and
WHEREAS, the Department desires to participate in all eligible items for
this project as outlined in Attachment "A" for a total Department Share of
$363,000.
NOW, tHEREFORE THIS INDENTURE WITNESSETH: thaf for and in considerra_tTon
of the mutual benefits to flow from each to the other, the parties hereto
agree that the above described Joint Participation Agreement is to be amended
and supplemented as follows:
1.00 Project Description:
Master Plan Study and Construct Air Transportation Services
Facility at Watson Island - Miami Florida.
2.00 Project Cost:
Paragraph 3.00 of said Agreement is increased by ,$705,000 bringing the
revised total cost of the project to $ 915.000.
Paragraph 4.00 of said Agreement is increased by $352,500 bringing the
Department's revised share in the project to $363.000.
3.00 Amended Exhibits:
Exhibit "B" of said Agreement is amended by Attachment "A1l.
..00 Contract Time:
Paragraph 18.00 of said Agreement is amended to extend contract time
until December 31. 1998. _9 7 -- 416
:}r
WPx No: -ULO-97
J08 No: 8.7098-3810
ATTACHHENT "All
SUPPLEMENTAL AGREEMENT
This Attachment forms
an
integral.
part- of-
that certain
;Supplemental
Joint Participation Agreement
between the State
of
Florida,
Department of
Transportation and the City
of
Miami dated-
T
.
DESCRIPTION OF SUPPLEMEIDTt (Justification
for cost change)
To revise project description.
Provide
funding for
the construction of the
Air Services Facility.
I. Project Cost:
As approved
As
amended
Not Change
TOTAL PROJECT COST
$
2100000
$
915,000
$ 70SO000
II. Fun(% Ba:rticipaticn:
With Federal Particinationi_
,
Federal:(FAA) (90.0t)
$
189,000
(90.0%)
$
189,000
$ 0
Agency:(LF) ( 5.0%)
10,500
( 5.0t)
10,500
0
Department:(OS) ( 5.0*)
110,500
( 5.0%)
^1001500
0
Sub -Totals:
$
210,000
$
210,000
$ 0
Without Federal Participation:
Agency:(LF) ( .0%)
$
0
(50.0%)
$
352,500
$ 352,500
Department:(DS) ( .0*)
0
(50.0%)
352,500
$ 352,500
Sub -Totals:
$
0
$
705,000
i
$ 70SO000
41.6
r
WPI No: 6823097
JOB No: 87098-3810
Agreement Date:_
Except as hereby modified, amended or changed, all other terms of said
Agreement dated June 4. 1993 and any other subsequent supplements shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents be
executed, the day and year first above written.
AGENCY
BY:
CESAR H'. ODIO
TITLE: Gi tV Manager
ATTEST:
f4ite J. Beeman
Cfity
DATE FUNDING APPROVED BY COMPTROLLER
(SEE ATTACHED ENCUMBRANCE FORM)
10-9-95
APPROVED AS TO FORM, LEGALITY
ATTORNEY
DEPARTMENT OF TRANSPORTATION
APPROVED AS TO FORM AND CORRECTNESS:
A. QUJ98W, III
CITY ATTOOft
y7- 416
•