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HomeMy WebLinkAboutR-95-0653J-95-636 9/1/95 RESOLUTION NO. 9 " 653 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE DEPARTMENT OF OFF-STREET PARKING TO CONSTRUCT AND OPERATE FORTY-SEVEN (47) ON -STREET PARKING SPACES ON AVAILABLE PUBLIC RIGHT-OF-WAY ON THE SOUTH SIDE OF S.W. 27 STREET WEST OF S.W. 22 AVENUE TO SERVE THE PARKING NEEDS OF AREA BUSINESSES AND VISITORS; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO A PARKING AGREEMENT BETWEEN THE CITY OF MIAMI, THE DEPARTMENT OF OFF-STREET PARKING AND FINANCIAL DATA ,PLANNING CORPORATION, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE USE OF FORTY (40) ON -STREET PARKING SPACES IN SAID PARKING AREA, MORE PARTICULARLY DESCRIBED IN EXHIBIT A OF THE ATTACHED AGREEMENT. WHEREAS, a shortage of parking spaces exists along the business corridor in the general vicinity of U.S. 1 and S.W. 22 Avenue, Miami, Florida; and WHEREAS, pursuant to Resolution No. 94-55, adopted January 27, 1994, the Department of Off -Street Parking and Metropolitan Dade County were urged to expedite the creation of a surface parking lot on vacant land located beneath the Metrorail in the general vicinity of U.S. 1 and S.W. 22 Avenue, Miami, Florida; and WHEREAS, a site analysis of the vacant land located beneath the Metrorail in the vicinity of S.W. 22 Avenue found the property to be insufficient in size to accommodate surface ATTACHMENIT ( ) :CITY COMUSSION MEETING OF S E P 1 4 1995 Resolution No. 95- 653 parking due to the particular placement of Metrorail columns at this portion of Metrorail; and I� WHEREAS, sufficient right-of-way is available to accommodate forty-seven (47) on -street parking spaces on S.W. 27 Street west i of S.W. 22 Avenue adjacent to the Metrorail property to serve the S.W. 22 Avenue business and visitor parking needs; and i WHEREAS, Financial Data Planning, a lessee of an office building located at 2140 S. Dixie Highway, is in need of additional parking spaces within the area; and WHEREAS, Financial Data Planning Corporation desires to enter into a parking agreement with the City of Miami and the Department of Off -Street Parking for the use of forty (40) on - street parking spaces in the area to be developed, subject to the terms and conditions set forth in the parking agreement in substantially the attached form; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The Department of Off -Street Parking is hereby authorized to construct and operate forty-seven (47) on - street parking spaces on available right-of-way on the south side of S.W. 27 Street west of S.W. 22 Avenue to serve the parking needs of area businesses and visitors. 2- 95- 653 Section 3. The City Manager is hereby authorized to enter into a parking agreement, in substantially the attached form, between the City of Miami, Department of Off -Street Parking and Financial Data Planning Corporation, for the use of forty (40) on -street parking spaces in said area, more particularly described in Exhibit A of the attached agreement. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 14th ATT ST: WALTE J. FOEMAN CITY CLERK PREPARED AND APPROVED BY: OLG RAMIREZ-SE AS ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A.. NN1#0 ES, I I CI ATT Y W303:csk:ORS 3- day of September , 1995 STEP EN P. CLA K, MAYOR 95- 653 PARKING AGREEMENT THIS PARKING AGREEMENT (the "Agreement") is entered into this day of , 1995 by and among the CITY OF MIAMI, a municipal corporation (the "City"), DEPARTMENT OF OFF-STREET PARKING OF THE CITY OF MIAMI, an agency of the City of Miami, Florida (the "Department"), with a mailing address of 190 N.E. 3rd Street, Miami, Florida 33132, and FINANCIAL DATA PLANNING CORPORATION, a Florida corporation ("FDP"), with an address of 2140 S. Dixie Highway, Miami, Florida. WITNESSETH: WHEREAS, the City is the owner of a public right-of-way located on the south side of S.W. 27th Street, west of S.W. 22nd Avenue, Dade County, Florida, being more particularly described in Exhibit "A" attached hereto (the "Parking Area"); and WHEREAS, FDP is the Lessee of an office building located at 2140 S. Dixie Highway ("FDP's Property") and is in need of additional parking spaces to service the parking needs of its employees, invitees, agents and the like; and WHEREAS, the City is willing to allow the Department to construct forty-seven (47) on -street parking spaces at the Parking Area (the "Project"), and the Department is willing to do so, subject to the terms and conditions set forth herein; WHEREAS, the parties desire to enter into this Agreement in order to set forth in writing their mutual agreement with respect to the Project and the Parking area. NOW, THEREFORE, for and in consideration of the sums to be paid the Department by FDP, and in consideration of the covenants herein to be kept and 95- 653 R ' performed, the City, the Department and FDP agree that the foregoing recitals are true and correct and further agree as follows: 1. Construction. The City hereby authorizes the Department and the Department hereby agrees to construct the Project in accordance with the plans and specifications attached hereto as Exhibit `B" and all applicable federal, state and local governmental regulations, codes, requirements and ordinances, including without limitation the requirements of the Dade County Public Works Traffic Engineering Department and the City of Miami Public Works Department. The Department has obtained, or prior to development will obtain, all licenses, permits and approvals required to commence, prosecute and complete the construction of the Project. All work performed by the Department shall be done in a good and workman -like manner and in substantial accordance with the attached plans. 2. Construction Costs: Estimated Completion: The Department agrees to construct the Project at its sole cost and expense which the Department and FDP estimate to be $72,000.00 as reflected on the "Project Cost Breakdown" attached hereto as Exhibit "C" (the "Project Cost"). The Department shall make good faith efforts to complete the Project and deliver possession of the Parking Area for FDP's use within 12 months following the Effective Date of this Agreement, as the term is defined in paragraph 20 below. If, however, the Department is unable to deliver possession of the Parking Area on or before 18 months following the Effective Date, for reasons other than force majeur, then FDP may, at its option, upon ten (10) days prior written notice to the Department, cancel this Agreement. If this Agreement is canceled as set forth in this paragraph, the ETMOUORSDAOC 2 95- 653 Department and FDP shall each be released and discharged. from any and all liability arising under or as a result of this Agreement. 3. Comnensation. In consideration of the Department's construction of the Project and the rights granted to FDP hereunder, FDP agrees to pay to the Department an amount equal to the actual amount of Project Cost, which shall not exceed 5% of the estimated Project Cost of $72,000 attached hereto as Exhibit "C". Provided FDP is not in default hereunder, the Department shall allow FDP to pay the compensation over a period of eighty-four (84) months, in equal monthly installments. The first payment of Compensation shall be due on the Commencement Date. Thereafter, each payment of Compensation shall be due on the first day of each month during the initial term hereof. In the event this Agreement is terminated for any reason whatsoever (excepting only termination under paragraph 2 above or as otherwise provided in paragraph 19 below), then the amount of unpaid compensation shall immediately become due and payable. 4. Term/Option to Extend Use Fee: The Term of this Agreement shall be seven (7) years commencing on the earlier of (i) fifteen (15) days following the date that the Department shall have completed its work and delivered possession of the Parking Area to FDP, or (ii) the date that FDP shall commence using the Parking Area for the purposes set forth herein subject to the terms of this Agreement (the "Commencement Date"). Provided FDP is not in default hereunder, FDP shall have the option to extend the term for five (5) additional terms of one (1) year each by giving written notice to the Department of its decision to do so not later than two (2) months prior to expiration of the immediately preceding term ("Notice of Exercise"). Within thirty (30) days following its ET:W0020RS.DOC 3 �- 53 r4 receipt of FDP's Notice of Exercise, the Department shall notify FDP of the fee required to be paid by FDP to the Department for the right to use the Parking Spaces during any extended term (the "Use Fee"). FDP shall have a period of thirty (30) days following its receipt of the Department's notice in which to cancel its option, otherwise, FDP shall be deemed to have agreed to pay the required Use Fee during the extended term. The Department agrees that the amount of the Use Fee applicable to any extended term shall be consistent with the fees charged by the Department for the use of comparable Parking Spaces for a comparable period of time. 5. Use. The Department grants FDP the right to use forty (40) spaces in the Parking Area, during normal business hours, during the term hereof (the "FDP Parking Spaces" ), subject to all applicable local and state laws, and regulations, and all applicable rules and regulations of the Department. The FDP Parking Spaces will be used and occupied only for automobile parking of FDP, tenants of FDP's Property, and the employees, invitees and agents of all such parties. The Department shall issue to FDP forty (40) parking decals on a semi-annual basis to evidence FDP's right to use the Parking Spaces. During the term of this Agreement, the Department shall have the right to issue parking decals to other parties for the parking spaces in the Parking Area other than the FDP Parking Spaces. The Department shall maintain the Parking Area as parking for the entire term of this Agreement. 6. Assignment. FDP may, with the prior written consent of the Department, (i) assign its rights under this Agreement as part of a sale or lease of all of the FDP Property (to a third party or as a result of a corporate merger, sale or consolidation), or ET:W0020RS.DOC 4 95- 653 --J (ii) pledge its interest in this Agreement in connection with and as part of, the financing of the FDP Property. In the event any mortgagee of the FDP Property forecloses against the Property, obtains a deed in lieu of foreclosure or otherwise obtains title to the FDP Property through the enforcement of its mortgage or otherwise, then said mortgagee shall succeed to the interest of FDP hereunder. Any authorized assignee of or successor in interest to, FDP under this Agreement shall execute such documents as may be reasonably required by the Department to evidence its assumption of all of FDP's rights and obligations under this Agreement. Notwithstanding anything herein to the contrary FDP shall not assign or pledge its interests hereunder in part nor shall FDP's interest under this Agreement be assigned, conveyed or pledged separate, apart or independent from its interest in the FDP Property. 7. Compliance'With Lawns. FDP shall use the FDP Parking Spaces and the Parking Area in compliance with all applicable laws and ordinances, and all rules and regulations of the Department, as the same may be amended from time to time, 8. Maintenance and Repairs. During the term hereof, the Department shall maintain in good and clean condition the parking surfaces, landscaping, striping and curbs in the Parking Area. 9. Default/Late Fee. If FDP shall fail to make any payment due hereunder on the date such payment is due, or if FDP fails to comply with any other term or condition set forth in this Agreement, then FDP shall be in default. Upon a determination by a Department that a default has occurred, the Department shall give written notice to FDP specifying the event of default and providing a period of thirty (30) days from th ate ET: W0020RS.DOC 5 0 of the notice in which to cure it. If FDP has not cured the default within the cure period then the Department, in addition to other remedies, shall have the right to terminate this Agreement by giving at least fifteen (15) days prior written notice to FDP of such termination. FDP understands and agrees that termination of this Agreement under this section shall not release it from obligations accruing prior to the effective date of termination. FDP further agrees that upon termination of this Agreement all unpaid installments of Compensation under Section 3 hereof shall become immediately due and payable. 10. Limitations on Responsibilities: FDP acknowledges that the City has no liability or responsibilities whatsoever in connection with this Agreement and that the Department's responsibilities hereunder are limited to (i) construction of the Project, and (ii) providing regular maintenance of the Parking Area, all as specifically provided in this Agreement. FDP further acknowledges that neither the Department nor the City shall be responsible for providing security nor any other services to the Parking Area. 11. Termination of Agreement. In the event this Agreement is terminated in accordance with its terms, FDP shall pay the Department all sums due up to the date of termination; provided, however, that if termination occurs prior to the Department receiving full payment of Compensation, in addition to all sums due by FDP up to the date of termination, FDP shall pay the Department the total unpaid amount of such Compensation (except as provided in paragraph 19 below). 12. Legal Expenses. If it should become necessary for either party to enforce any covenant, agreement or condition of this Agreement by legal action or to employ an ET:W0020RS.DOC 6 95- 653 attorney for collection of any money due hereunder, the prevailing party shall be entitled to reasonable attorney's fees, court costs and other costs of such proceeding as determined by the court. 13. No Waiver. Each party hereto agrees that the failure of the other party in one or more instances to insist upon strict performance or observance of one or more of the covenants, agreements or conditions set forth herein, or failure to exercise any remedy, privilege or option herein conferred upon such other party, shall not operate or be construed as a relinquishment or waiver for the future right to enforce such covenant, agreement or condition or to exercise such privilege, option or remedy, but the same shall continue in full force and effect. 14. Department's Representations and Warranties. The Department hereby warrants and represents to, and covenants and agrees with, FDP that the Department is an agency of the City of Miami, Florida, with full power and authority to enter into this Agreement and to assume and perform all of its obligations hereunder. This Agreement is a valid and binding obligation of the Department, enforceable against the Department in accordance with its terms. 15. FDP's Representation. FDP hereby warrants and represents to, and covenants and agrees with, the Department that FDP is a corporation validly existing and in good standing under the laws of the State of Florida, with corporate power and authority to enter into this Agreement and perform its obligations hereunder. This Agreement is a valid and binding obligation of FDP, enforceable against FDP in accordance with its terms. ET: W002ORS.DOC 7 v" 653 16. Notice. Whenever the Department or FDP are obliged to give notice to the other, such notice shall be in writing and shall be given personally or by prepaid certified mail (return receipt requested), in which latter case notice shall be deemed i effectively made when the receipt is signed or when the attempted initial delivery is refused or cannot be made because of a change of address of which the sending party has not been notified. Until the designated addresses are changed by notice given in accordance with this paragraph, notice to either party shall be sent to the respective address set forth on the first page of this Agreement. 17. Invalid Provision. In the event any provision of this Agreement shall be adjudged, decreed, held or ruled to be invalid, it shall not invalidate or impair the Agreement as a whole or any other provision of this Agreement. 18. Entire Agreement. The Department and FDP agree that this Agreement contains the entire agreement between them and it may be modified only by an agreement in writing, executed by the Department and FDP (or the then fee owners of the Parking Area and FDP Property), with the same formalities as this Agreement. 19. Cancellation. Upon full payment of the total of Compensation, FDP may { cancel this Agreement at anytime upon not less than sixty (60) days notice to the Department. The Department and/or the City may cancel this Agreement at any time after construction of the Project has been completed upon no less than sixty (60) days written notice to FDP. In the event the City or the Department elect to cancel this Agreement pursuant to this section FDP shall be released from the payment of installments of Compenation becoming due after the effective date of termination. ET:W0020RS.DOC El 9"- 653 20. Effective Date. The Effective Date shall be the later of the date on which this Agreement is fully executed or the date that this Agreement is approved by the Commission of the City of Miami. 21. Time of Essence. It is understood and agreed that time is of the essence in the performance of all the covenants and conditions of this Agreement. 22. Governing Law. This Agreement is to be governed under and construed according to the laws of the State of Florida. 23. NonDiscrimination. FDP agrees that it shall not discriminate as to race, color, sex, religion, age, handicap, marital status or national origin, in connection with its performance under this Agreement. Furthermore, that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin by excluded from the participation in, be denied benefits of, or be subjected to discrimination under this Agreement. 24. Conflict of Interest. FDP is aware of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Dade County, Florida (Dade County Section 2-11.1) and the State of Florida, and agrees that it will fully comply in all respects with the terms of said laws. FDP covenants that no person under its employ who presently exercises any function or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, in this Agreement. FDP further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests on the part of FDP or its employees, must be disclosed in writing to the City. ET: W0020RS.DOC 9 �'� 653 25. Award of Agreement. FDP warrants that it has not employed or retained any person employed by the City or the Department to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the City or the Department any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. 26. Counterparts. This Agreement may be executed in any number of counterparts and by the separate parties hereto in separate counterparts, each of which when taken together shall be deemed to be one and the same instrument. 27. Construction. The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation hereof. All of the parties to this Agreement have participated fully in the negotiation of this Agreement, and accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. In construing this Agreement, the singular shall be held to include the plural, the plural shall be held to include the singular, and reference to any particular gender shall be held to include every other and all genders. 28. Citv's Execution. The parties understand and acknowledge that the City executes this Agreement only to signify its approval to the Department's construction of the Project and assumes no liability or responsibility whatsoever to any other party by execution hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ETM0020RS.DOC 10 *1a— Ca Signed, sealed and delivered in the presence of these witnesses DEPARTMENT OF OFF-STREET PARKING OF THE CITY OF MIAMI, an agency of the City of NVlian-d, Florida Witness: BY: Print Name: Name: Title: Witness: Print Name: Signed, sealed and delivered in the presence of these witnesses Witness: Print Name: Witness: Print Name: Signed, sealed and delivered in Witness: Print Name: Witness: Print Name: ETM0020RS.DOC (CORPORATE SEAL) FINANCIAL DATA PLANNING CORPORATION, a Florida corporation BY: Name: Title: (CORPORATE SEAL) CITY OF MIAMI, a municipal corporation BY: Name: Title: II (CORPORATE SEAL) WE 95"- G 5 3 STATE OF FLORIDA ) ss: COUNTY OF DADE ) The foregoing instrument was acknowledged before me this day of , 1995 by as of the DEPARTMENT OFF-STREET PARKING OF THE CITY OF WANE, a municipal corporation on behalf of the department. He/she/they personally appeared before me, is/are personally known to me or produced as identification. Notary: Print Name: Notary Public, State of Florida My commission expires: STATE OF FLORIDA ) ss: COUNTY OF DADE ) The foregoing instrument was acknowledged before me this day of , 1995 by as of FINANCIAL DATA PLANNING CORPORATION, a Florida corporation, on behalf the corporation. He/she/they personally appeared before me, is/are personally known to me or produced as identification. ETMOMORSDOC Notate: Print Name: -- Notary Public, State of Florida My commission expires: 12 .;r- 65 3 EXHIBIT "A" Parking Area Description Approximately 1150 linear feet of City - owned public right-of-way on the south side of S.W. 27 Street bounded on the east by S.W. 22 Avenue and on the west by S.W. 24 Avenue, Miami, Florida A-1 21 - 653 EXHIBIT "B" Plans & Specifications ti 4 'gyp wo 2.6 . PRO= NAM PARKING SYSTEM S.W. 27th STREET PARKINGSPIFFY 711LEJAMQ® PLAN AYLWA6aD 6 A®80R�r 'IND.'AMI �ea`.8" ®�� UM•'�`� $27-Z71• 2 tDAYEL- :(5") No.: 64-132 • C;3 EXHIBIT 11B11 Cont' d. LEGEND i we>Q tty ar Iw1 Itar m a[ m es" amamor IQ ats IOGomww mom lEyrOD IpOOI �V 000 low= ILINI la fly.., i±ea. X*0.40 i•r.r a'•.a ! .f .." NNW 11sst now alit y mm sl: awm amour m" ill! ® AXM an sir NAM G6als am wY 0 ADM %Way W 6 mm avois QR mmu If u mf Q aOGQ -MCI aV i NNW GD>tt atn 0 ■F woo-.tlf mils 11r afralr town prow twfaet tt.yu 1. all Nrb Is N M NrlseNa Is ..Nl/.w • nNlrwae. slNNn., eN Nn111N11w of Q 1. D. a. 4 SW .27 STREET �r.ib.:: •.•.. ...,..v..w•tia.ayub,l'.ra'7 ...._. ,. .�,r..•...- --`11 slNt hell. NN. Me•IIN.t. a..Is welfl►MINa to N 1. N.ero►N. with '{b. sW INI IN.r1N 6104448Y IN Melea w iwlw all •Yare—i4 INI.11./1•N t. N .•r111N by e trl•r 1• .w.N•N.1 .1 un• a.11eee e.. am — hN.ref NNr Nell N Howl►U Ur 4NN U INI1111.. wl.t eses..klN N swlw{IN• no NoonN.r 06.11 6.0.11 N •.11f1.N. N 01e who N rM.IrNN N N..y.11M •...nrs..a .Illlllss N urNeu... 111 MNIINI. NLd.I 1. N fr••aN It" all an.. .N rulNef ellk w.el.►le 1sN took .wtrarllN. arq. .11 Na• .N ..t .41 an1a.N tloN loo.N.00lw oo NNwn. Ms al..ellw plu {. all► M slost Shim. Igovo .a oo of•u►.1nw en off city of ■1l nlll..• µa{Iw a west• on to Ln .l sub. EXHIBIT "B" Cont'd. 1 NWua. dr WWWaa ore m W.W. @Ulm NS a.wM na Nn M .w....r Na e. 000a N l ievow moll mb to 00"m OWN OWNS as /F aaoo! aMR ROSS SUMN•-LOFT. ST89M x,NIMICUT OF Ou" Ww" OTT or IrI114 FIAROII f" aNl a AFC AON/. S'Xdlr_ . am k/ ♦o pDv de 17=6' of FAW- O . Soon Edys of7bvemon[, &Ass. Ara and I.afa.,41A( oo nnoewa aA P.W. of ,VIQ,m Lkta,/ 36-04-0. 714r NEV CONSTRUCTION .Iraon aa.a..NNS Nw NW.w uN..s... w.r • .. a ..wNaA A 1.11a...a.Y 1 M aM D/sa�3c.:0 IiORrI/u Lk7F/L . u.T"•5. WUl 1. NIOAILOD 06-O " FAMIMI &PAM OwAI r It' NIK p" LOCATOO a "a LUT MAD D"D S a[ MAT a-TKM. D. M Lr O w6w.p ►AMINO mos IMT am" ! "Mmm ICON Alas. D. a" RAW$ COMECTINI roe AXOtO Aoa.O TD TOT NIOTNALN auu COFLT slim UK CaI11T PALIe N o OTA MM. I. ILL DIlYLOD FA :Ml SPUSS MOT N 11111160 AO NANOW IM ACCAIDUCS slTN TK DTA DAMI AIDIITD Of "M N.w.T.O.O. Ao N.O.F.N. O. A $Sl tC AITLO OM PIS VA AIT aLT t MATOO MAN IMNDIATOLT IN Fran or A music I slllasuo FAMIN PAY aI KnUM TO DIOALW FAMIIN pA7i. F10.4. an _Ai Survey Design Specs & Bid Process Blueprint & Advertising Construction (*) Const. Insp. & Management Testing Subtotal Indirect costs TOTAL $1,200 $3,600 $500 $1,000 $600000 $4,200 $71,000 $1.000 $72"000 (*) Construction Cost Estimate New Pavement (8" base & 1" asph.) (936 s.y. @ $15.00 $14,040 New Sidewalk (5,625 s.f. @ $2.50 -) $14,038 New Curb & Gutter (1,123 f. @ $15.00 a) $16,645 New Solid Sod (7,875 s.f. @ $1.00) $7,875 Convert Type "A" M.H. to C.B. (2 @ $400.00 $800 Paint Striping $2,000 Signage for Handicap Stalls $400 contingencies $ 4,000 Batinated Construction Cost $59,998 •M1M�1Y gll{.0 �.t/ OOf � C-1 95- 653 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM l To: Honorable Mayor and Members DATE: of the City Commission SUBJECT FROM : Ces to REFERENCES: CitUP r ENCLOSURES: RECOMMENDATION SEP - 5 1995 FILE : Resolution/Development of On -Street Parking at S.W. 22 Ave. For Commission Meeting of September 14, 1995 It is respectfully recommended that the City Commission adopt the attached Resolution authorizing the Department of Off -Street Parking to construct and operate forty-seven (47) on -street parking spaces in the vicinity of U.S. 1 and S.W. 22 Avenue and further authorizing the City and Department of Off -Street Parking to enter into a parking agreement with Financial Data Planning Corporation for the use of forty (40) of the on -street spaces to be developed in the area. BACKGROUND On January 27, 1994, the City Commission adopted Resolution No. 94- 55 urging the creation of a surface parking lot underneath the Metrorail in the general vicinity of U.S. 1 and S.W. 22 Avenue to alleviate the shortage of parking spaces. The placement of Metrorail columns at this section of the line does not leave sufficient vacant land to develop the requested parking. Sufficient right-of-way is however available adjacent to the Metrorail on S.W. 27 Street west of S.W. 22 Avenue to accommodate the construction of 47 on -street parking spaces to serve the area businesses. Financial Data Planning (FDP), a lessee of an office building located at 2140 S. Dixie Highway, is in need of additional parking spaces and desires to enter into a parking agreement to use 40 of the spaces to be developed. FDP has agreed to pay the actual project costs of construction back to Off -Street Parking over a period of 7 years through participation in a parking decal program for its employees and visitors. �1 95-- 653