HomeMy WebLinkAboutR-84-0561lu
J-84-75
2/2/84
RESOLUTION NO. 84" 5G1
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A LEASE AGREEMENT, TN S13BSTANTIALLY
THE FORM ATTACHFID IIERETO, WITH THE DEPARTMENT
OF OFF --STREET PARKT_NG FOR THE SUBLEASE OF A
PORTION OF JOSE, MARTT RTVERFRONT PARK FOR A
MUNTCTPAL PARKTNG FACTLT_TY.
WHEREAS, the City has leased from the State of Florida,
Department of Transportation, certain land located in the
right-of-way of 1-95, more fully described in Exhibit A attached
hereto and made a part hereof:; and
WHEREAS, the City intends to develop a municipal park on the
leased area to be known as "Jose Marti Riverfront Park"; and
WHEREAS, that portion of the leased area which lies between
Southwest 6th and 7th Streets and Southwest 3rd and 41ch Avenues
(hereinafter referred to as the "BLOCK") an:l more fully described
in Exhibit "B" attached hereto and made a part hereof_, has not
been incorporated into the Park Development plans; and
WHEREAS, the Department of Off -Street Parking has obtained
approval from the State of Florida, Department of Transportation,
to develop a municipal parking lot on the said Mock; and
WHEREAS, the City finds that a municipal parking lot would
enhance the park's attractiveness and accessibility to City
residence;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
execute a sublease agreement with the Department of Off -Street
Parking in accordance with the copy attached hereto. (Exhibit "C")
PASSED AND ADOPTED this loth day of May , 1984.
TTEST:
PH G. ONGIE
ty Clerk
Maurice A. Ferre
MAURICE A. FERRE, Mayor
CITY COMNISSIpi4
MEETING C)F'
MAY i o l�m
R[P"%,frr.;.
PREPARED AND APPROVED BY:
v �
G. MI TA sr7t�}' R
Assistant (;it.� Attorney
APPROVED Iv:, TO }"Ont1 ANT) CORRECTNESS:
JO GARCIA PEDKOSA
C _y Attorney
GMM/wpc/ab/203
64-561
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LEGAL DESCRIPTION
A portion of Lot 5 and all of Lots 6 to 15, both inclusive, Block 41 South,
CITY OF MIAMI, according to the plat Vhereof recorded in Plat hook "B" at
page 41 of the Pi)blic Recordn of Dade County, Florida, being more
particularly described ns follows -
Begin at the Nort.hepst corner of said Lot Se thence run South 87052138" West
along the North boundary of sai(± Lots 5 to 10, both inclusive, a 6ist:ance of
299.80 feet to the Northwest corner of said Lot 10, thence run South
2014'35" East along the West boundary of Lots 10 and 1.1 a distance of 300.18
feet to the Southwest corner of said Lot 11; thence run North 8705111011 East
along the South boundary of Lots 11 to 15, both inclusive, a distance of
249.84 feet to the Southeast corner of said Lot 15; thence run North
2014'36" West along the East boundary of said Lot 15 and portion or said Lot
6 a distance of 160.03 feet to a point of intersection with the
Southeasterly Limited Access Boundary of State Road No. 9 Section 87270-2425
as shorn on RIGHT OF WAY MAP, recorded in Plat Book 83 at Page 21 of the
Public Records of Dade County, Florida; thence run North 6034'03" East along
the last described line a distance of 134.58 feet to the point of
intersection with a line that is 7.00 feet South of and parallel to the
North boundary of said Lot 5, thence run North 87052'38" East along the last
described line a distance of 29.35 feet to the East boundary of said Lot 5;
thence run North 2014'36" West along the East boundary of said Lot 5 a
distance of 7.00 feet to the Point of Beginning, containing 76,746 square
feet, more or less, or 1,762 acres, more or less.
F,XHTBTT B
t
84"" 56i
THE SUBLEASE AGREEMENT
BETWEEN THE DEPARTMENT OF OFF--STRFET PARKING AND THE
CITY OF MTAMT, Fi ORTDA
THIS AGREEMENT, made and entered i nt.o t;hi. day of , 198,
by and between the Department of off -Street Parking, Miami, Florida,
hereinafter called the "Depart:.ment", and the City of Miami, Florida,
hereinafter called the "City".
WITNESSET11:
WHEREAS, The City has leased from the State of Florida Department of
Transportation, land in the right of way of I-95 shown in Exhibit "A",
attached hereto and by this reference made part hereof, and,
WHEREAS, The City intends to develop and construct a municipal park to be
named Jose Marti Riverfront Park on all of the leased area,
WHEREAS, that portion of the leased area which lies between 514 Sixth and
Seventh Street.; and SW 'fhi.rd and Fourth Avenues has not been incorporated
into the development plans for Jose Marti Riverfront Park and,
WHEREAS, The Department has received approval from the State of Florida
to develop and construct a municipal parking lot on the above described
block, and
WHEREAS, The City agrees that a municipal parking lot would greatly
enhance the park's attractiveness and accessibility to the residents of the
City of Miami, and,
WHEREAS, The Department has obtained written permission from the State of
Florida, Department of Transportation and the FHWA (Attached as Exhibit "B")
for the City to enter into a Sublease with the Department of Off -Street
Parking for the use of the block described above,
NOW, THEREFORE, i.t is mutually agreed by and between the Department and
the City, that for and in consideration of the premises, it is mutually
agreed as fo11.o4;s, to wit:
1. The City hereby subleases to the Department as the party
responsible for developing and operating the space described
above or a portion thereof as a municipal parking lot, subject
to the terms and conditions herein contained, and also all
applicable terms and conditions contained in the memorandum of
Agreement between the State of Florida Department of
Transportation and the City of Miami, Florida dated November 6,
1980, relative to the above described parcel, attached herto
and made a part hereof as Exhibit "C".
2. That the terms of this sublease shall be for an initial period
of ten (10) years at the end of which both parties shall have
the option to renew every five (5) years until such time as the
City lease with the State of Florida expires unless sooner
terminated as hereinafter provided for use as a public parking
facility.
3. Attached
hereto and
by this reference made
a part hereof is
Exhibit
"D" which is
the location sketch of
the parcel to be
subleased
by the Department
for this public parking
facility.
4. Attached
hereto and
by this reference made
a part hereof is
Exhibit
"E" which is
the legal description of
the parcel which
is to be
subleased.
5. It is understood nrid mutually agreed that the City may
terminate the `,ublease only after providing six months prior
written notice to tilt Deportment prior to such termination.
6. Capital invc-stmt_nt Will be !rnorti Id with all revenues in
excess of t.l"ie cin�eint cosh of operation. sifter such time as
the capit,�l it vCsttn, ;,t, is fully arnor ti ed , Z111 revenues in
excess of tht: ontoii;� posts of opt ration 111d rnainttnance of the
parking lot will be distr ibut.ed or; thu fol lowirif- basis: (1)
The Department will retain t.,o-thirds (2/)') of all excess
revenues after operational and viaintutialnce txj tt1 is have been
deducted. (2) The City will be pzid one-third (1/3) of all
excess revenues after operational expenses and maintenance have
been deducted.
EXHIBIT C 84-561
7. It is further understood that, should the City, after giving
proper notice as provided herein, germinate the sublease, the
City shall rei mb,rrse t;he Department, for al.l rrnrecovered costs
of construct.i.on related to. the public parking facility. Such
construction cast shall be verified by the City's internal
Auditor jri°;hi_n ^i_xt.y (60) days after the initial day of
operation of the
8. The Department agree.^ to provide all vacant spaces in the
parking area after 5:30 daily during normal work weeks and all
day on Saturdays, Sundays and legal holidays at no charge to
visitors to the Jose Marti Riverfront Park.
9. The Department shall. indemnify and save the City harmless from
and against all claims, liabilities, losses, and causes of
action which may arise out of the Department activity under
this contract including all other acts or omissions to act of
City, its officers or employees in, from and against any
orders, judgements or decrees which may be entered and from and
against all costs and attorneys fees, expenses and liabilities
incurred in the defense of any such claims, or the
investigations thereof.
10. Further the Department agrees that it will require contractors
constructing facilities, paving and making improvements
contemplated by this Agreement to maintain insurance as will
protect the City and the State of Florida Department of
Transportation as required in Exhibit "C" attached hereto. The
City of iliami shall be named as an additional insured and is to
be notified of any cancellation of said insurance policies at
least thirty (30) days prior to such cancellation.
11. All plans associated with the initial construction and any
modification thereto shall be reviewed for approval by the City
and the State. of Florida prior to commencement of construction.
The City shall accomplish the review within 30 days after
receipt of the plans.
12. The City shall have the right to inspect the facility
periodically and request improvements in writing at its own
expense. The Department shall install these improvements
within 120 days or less after receipt of the request. Normal
maintenance and wear and tear shall be the responsibility of
the Department.
It is understood and agreed that the obligations undertaken by the Department
pursuant to this Agreement shall not be delegated to any other person or firm
unless the City shall first consent in writing to the performance of such
services or any part thereof by another person or firm.
This Agreement shall be binding upon the parties herein, their executors,
legal represent-.tives successors and assigns,
The City reserv?s the right to audit the records of the Department at any
time during the performance of this agreement and for a period of one year
after final payment is made under this Agreement.
8 4 - f;1
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed, the day and year :First above written.
ATTEST: FOR: CITY OF MIAMI
CITY CLERK
HOWARD V. GARY
CITY MANAGER, CITY OF MIAMI
FOR: DEPARTMENT OF OFF-STREET PARKING
MIAMI, FLORIDA
ROGER M. CARLTON, DIRECTOR
DEPARTMENT OF OFF-STREET PARKING
APPROVED AS TO FORM AND CORRECTNESS:
SE R. GARCIA-PEDROSA
CITY ATTORNEY
APPROVED AS TO CONTENT:
CARL KERN, ACTING DIRECTOR
DEPARTMENT OF PARKS AND RECREATION
84--561
Ar,
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jwWgium, -
Am
STATE POAn n, T_!
DADE COUNTY
PARCEL NMIU R
MEMORANDUM OF AGREEMENT
Section I-95
THIS AGREEMENT, made and entered into this` r1 day of
19 q O , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a
component agency of the State of Florida, hereinafter called the "Department", and
the CITY OF MIAMI, FLORIDA, hereinafter Called the "City";
W ITNES5ETH:
WHEREAS, the Department has acquired sufficient legal right, title and interest
in the right of way of I-95 shown in Exhibit "A", attached hereto and by this
reference rude part hereof, on which the City proposes to construct facilities for
park purposes; and
WHEREAS, there are certain areas in the vicinity of S.W. 4th Street under an
elevated section of Interstate Highway I-95 which are adequate for the construction
of park facilities; and
WHEREAS, the proposed use below, the grade line of the highway facility will
not impair the gull use and safety of the hioh�•.,ay; or require or perinit vehicular
access to such space directly from the established grade line of said hig1w,,ay; or
interfere with the free flo,,r of traffic on said highway; or gill not result in
violation of Part 626 of the Regulations of the Administrator, Federal Aviation
Agency, as amended; and
WHEREAS, the City has requested that the said areas be used for park purposes.
NOW, THEREFORE, it is mutually agreed by and between the State of Florida
Department of Transportation and the City of Miami, Florida, that for and in
consideration of the premises, it is mutually agreed as follows, to wit:
1. The Department hereby leases to the City as the Party responsible for
developing and operating the space, subject to the Department's right to maintain
its expressway facilities, all those rights here and above described subject further
to the right of the Department to use such space as necessary for maintenance of
such expressway facilities and further subject to the condiJ ons and terms herein
contained.
2 That the term of this lease shall be for a period of ninety-nine (99) years
unless sooner terminated as hereinafter provided for use as a public park facility.
3. Attached hereto and by this reference made a part: WWI; Exhibit "A"
which is the location sketch of parcel to be leased for this City parr facility to
be constructed under the elevated right-of-way shown in Exhibit "A". attached
hereto.
4. Attached hereto and by this reference made a part hereof is Exhibit "B" & "C"
which is the legal description of that part of the right-of-way shown in Exhibit
"A", attached hereto that abuts the Miami River.
5. Structures authorized to occupy the space will be of fireproof construction
in accordance with the provisions of local applicable building codes found to be
i
acceptable by the Department and Federal Highway Administration hereinafter called
i
the FHWA, and will not be used for the manufacture or storage of flammable, explosive
1
or hazardous material, or for any occupation which is deemed by the Department or the
FHWA to be a hazard to highway or non highway uses, and the operation and maintenance
-
of the space will be subject to regulation by the Department to protect against
fires or other hazards impairing the use, safety and appearance of the highway.
In cases where the Department or the FHWA questions the acceptability of the
existing code, conformance with a nationally accepted model code will be required.
Further, the occupancy and use of space the highway shall not be of such as
will permit hazardous or unreasonably objectionable smoke, fumes, vapor or odors
to rise above the grade line of the highway;
Additionally, where the proposed use of the space below the grade line of the
highway requires additional highway facilities for the proper operation and
maintenance of the highway, they shall be provided without cost to either the
Department or the FHWA.
6. The City shall obtain prior approval from the Department and the FHWA prior
to making any significant revision in the design or construction of the City park
facility shown in Exhibit "A", attached hereto.
7. The City shall obtain prior approval from the Department and the FHWA prior
to making any change in the authorized use of space as provided by this agreement.
8. The City understands and hereby agrees not to sublease or assign the space
herein, or any portion thereof, except upon prior approval in writing by both the
Department and the FHWA.
9. It is understood and agreed to by the City that this Agreement will be
revocable in the event that the City park facility ceases to be used or is abandoned.
W Zs
R
84-561
10. It is understood and agreed to by the City that the Department reserves
is l t
leaso whout: liability, in the event the C
the right to revr�ke skit:y violates
any of the conditinns of this Agreement, and such vinlat.iton is rent. corrected within
thirty (30) days after written notice of non compliance has been {liven. Further,
that in the event the Agreement is revolted and the Department dermas it necessary
to request the removal of the facility occupying the space, the r cirrova 1 shall be
accomplished by the responsible party in a manner prescribed by the Department at
no cost to the Department or the Flit -IA.
11. The City does hereby covenant and agree to indemnify, defend, save and hold
harmless the Department and FHWA from any claims, demands, or liabilities of any nature
whatsoever arising out of or because of this Agreement, and from any and all damages
to the roadvray structures by fire or other accident or casualty and assumes specific
responsibility for payment of any related damages occurring to the highway facility
and to the public for personal injury, loss of life, and property damage, and does
accept the full reslaonsibility for any failing debris, or injury that may result
from spills of any kind from the hi ghr..ay strr.icture.
Further, the City agrees that it v,,ill require contractors constructing facilitie
paving and making improvements cont.empl,�tc;d by this Agreement to maintain such
insurance as r•rill protect the Department from clams under the tdorkmen's Compensation
Act and from any other claims for propert:v damage, personal injury and bodily injury
includinq death, which m,3y arise from any construction pursuant to this Agreement.
Such coverage shall be in an amount not less than Two Hundred Thousand Dollars
($200,000.00) for damages suffered by any one person and Five Hundred Thousand Dollars
($500,000.00)-for any (1) accident. Certificate of suc11 insurance shall be filed
with the District office of the Department -and subject to its apr%roval.
12. It is understood and agreed by the City that representatives of the
Department and the FHIJA have the right of ingress and egress over, upon and across
the space facility for the purpose of inspection, maintenance or reconstruction of
the highway and adjacent facilities when necessary.
13. It is understood and agreed by the City that the park facility occupying
the space will be maintained so as to assure that the structures and the area within
the highway right -of -tray boundarie will be kept in ciood condition, boar as to
safety and appearance, acid that such maintenance will Le accomplished in a manner
so as to cause no unrc•asonable interference with highway use. In the event the City
fails in its maintenance obligations, then the Department is authorized to enter the
premises, perform the necessary maintenance and receive payment from the City upon
presentation of an invoice for actual cost to perforer same.
-3-
84-561
►4 rti { ftfll(1I i r: P ?.!1 l it-_ I. i �i I f ;:., i , I f idix "C" } f
% ti !. _ j
and Ti+le 4C5 Cc7 3s= ((jtIIai,inn` %l. t.`le t`.: for i rf, its assignees and
.. Successors in inir-rec. .}qr^`s a ollr,t•,;:
a. That as a pari, of the consideration hereof, does hereby covenant
and agree as
a covenant
running
rlith
the
1
land that (1)
no person, on
the
around of
race, color,
or national
origin
shall
be
excluded from
participation
in,
be denied
the benefits of, or be, otherwise subjected to discrimination in the use of said
facilities, (2) that in connection with the construction of any improvements on sai
lands and the furnishing of services thereon, no discrimination shall be practiced
in the selection of employees and contractors, by contractors, and (3) that the City
shall use the premises in compliance with all other requirements imposed pursuant to
Title 15, Code of Federal Regulations, Commerce and Foreign Trade, Subtitle A, Offic
of the Secretary of Commerce, Part 3 (15 C.F.R., Part 3) and as said Regulations may
be amended.
b. That in the event of breach of any of the above nondiscrimination
covenants, the Department shall the right to terminate the lease and to re-enter and
repossess said land and the facilities thereon, and hold the same as if said lease
never been made or issued.
IN WITNESS IdHEREOF, the parties hereto have caused these presents to be execu
the day and year first above written.
WITNESSES:
As to the Department
As to the City
APED AS( 711,1 AND CORP.ECTNESti' f ��11
This lnstrum�entt EEx�cuted Pursuant to
Resolution;No. 80-244
STATE OF FLORIDA
DEPART MENTWL-7,�ANSP RRTATION
By
Deputy ,Socretaryfor Admi ni stra
r
ATTEST:L
Exotbtive Sec etary
THE CITY �41AUJ,,, FLORIDA
By:
_y r a ger
AT -ST.
Ci clerk
v
�•���ian L•i.l nitln.t.��l Vt Innr,�Nv,�1,111v��)
r.Y• �.� ; ,Ji
84-561
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Commence at the Intersection of the ea::,tcrl.,y R/1•f line of SW 4th Ave.
and the nort)—r.Ty 11/14 line, 0"! 14 !li;1) ` t: , , said point being; also the
southt;estci^?.; t>1cr:k. c'�-tt;e: c?f' ?_ST,F S of A.L. YNOWLTON 'IIAt' OF Pr IA""I .
T?rr
as recorded 1_n 3'1 t; Bc ol( "T " al; i aFc 111 Of the rubll.c P,nCo 'Ci^ of -
Dade County, thence al -on[; the northerly R/'�' 1_.�1.,,c Of SW 14 St.
N 870 56' 55" E 2 1i . r>1� feet 11-0 the point- of r nter:,ect 1,011 w1.1;11 the
northeasterly R/1, line of S.W. South River Drive (unopened) as shown
on the plat of RIVI✓RSIPT? WATETIFT30NTS as recorded in Plat Book 25 at
Page 72 of the Public RecnrdS of Dade Counts, Florida; thence along
said northeasterly R/W line of SW South River Drive N 26' 51" 23"
W �8.57 feet to the point of intersection with the L.A. R/'r! lane of
14-S Express�..•ay (T-95) according to the plat thereof, as recorded in
Pl'at Book 83 at Pa e 215 of the Public Records of Dade County, Florida
said point also be-'nF, the Point of of the herei.nL,fter
described
parcel; thence continuing
alone-
said r .:^.. R/11
line
of I-95
N 210 13'
45" E 137.92 feet
to
the point
of intersection
vith
the U.S.
Harbor line of the ','iami River as established b;; the U.S. Corps of
Engineers, (1933), said U.S. Harbor Line also being; the platted line
of s::id RIVEI;STDE WI=RFRON'S; thence along said "arbor Line
S 320 49' 05" E 5.00 feet to U.S. HARBOR LINE PT. #33--A; thence
continue along said U.S. Harbor Line S 411 07' 04" E 214.41 feet to
the point of intersection with the easterly prolongation of the
northerly n/1I '.ne of Sw 4th St., thence along the northerly R/W
line of said S1•; 4th St., and its easterly prolongation thereof,
S 870 56' 55" 14 139.83 feet to a point of curvature; thence westerly
and northwesterly along, the arc of a curve concave to the northeast
having a radius of 50 feet and a central angle of 651 OS' 42" for an
arc distance of r6.85 feet to a point of tangency with the north-
easterly P./'l line of said S.W. South River Drive; thence
21 26' 54' 23" W along said northeasterly R/1•1 line of SW South River
Drive 16.63 feet to the Point of Beginning.
84--561
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EXHIBIT "E"
LEGAL DESCRIPTION
A portion of Lot 5 and all of Lots 6 to 15, both inclusive, Block 41 South,
CITY OF MIAMI, according to the plat thereof recorded in Plat Book "B" at
page 41 of the Public Records of Dade County, Florida, being more
particularly described as follows:
Begin at the Northeast corner of said Lot 5; thence run South 87052'38" West
along the North boundary of said Lots 5 to 10, both inclusive. a distance of
299.80 feet to the Northwest corner of said Lot 1.0, thence run South
2014'35" East along the 'Jest boundary of Lots 10 and 1.1 a distance of 300.18
feet to the Southwest corner of said Lot 11; thence run North 87051.110" East
along the South boundary of Lots 1.1. to 15, both inclusive, a distance of
249.811 feet to the Southeast corner of said Lot 15; thence run North
2014136" West along the East boundary of said Lot 15 and portion of said Lot
6 a distance of 160.03 feet to a point of intersection with the
Southeasterly Limited Access Boundary of State Road No. 9 Section 87270-•2425
as shown on RIGHT OF WAY MAP, recorded in Plat Book 83 at Page 21 of the
Public Records of Dade County, Florida; thence run North 6034'03" East along
the last described line a distance of 134.58 feet to the point of
intersection with a line that is 7.00 feet South of and parallel to the
North boundary of said Lot 5, thence run North 87052138" East along the last
described line a distance of 29.35 feet to the East boundary of said Lot 5;
thence run North 2014136" West along the East boundary of said Lot 5 a
distance of 7.00 feet to the Point of Beginning, containing 76,746 square
feet, more or less, or 1,762 acres, more or less.
84-3F3X
0
11
142 n
TO: Howard Gary DATE: April 23, 1984
City_,Manager
-�
`,-;�-�.r?,.,,�,_ � SUBJECT: SUBLEASE OF NORTH BLOCK;
JOSE MARTI RIVERFRONT PARK
FROM: Roger Carlton
Director
Department of Off --Street Parking
Pursuant to the direction of the City Commission, the Department of
Off --Street Parking entered negotiation with the Parks and Recreation
Department to sublease a portion of Jose Marti Riverfront Park for a public
parking facility. The negotiations have been completed with the following
significant terms:
o The lease term will be ten years with successive five year renewals
through the entire term of the City°s lease with the State of
Florida. The City may terminate the lease at any time so long as
any unamortizcd investment is refunded to the i�epartment.
o The Dcpnrtmcnt mail]. i.iivcst approx:..m,- tcJ_y 1�,100,000 to d velop the
site. At t,l]t_ po1.ilt; the,
1cpzirti',�-�c'nt
1cQc)vcr:c
itF� C?pital and
operatioii(i� litV'f';1:.it?t'1'it, tiE.''i; i'C`1�-!
Ur:;;� i:il.)_
Iiti
with the City.
Two—third0).1 bu l)y
t:h<-
rn(
hi r d will be
r e t a i n c d 1) �ti_t
i
�,will be
required for uhc iicp<rt,n nt, to
rccc;vc:r it,
irivU,�tliiCtA,
o The City will review construction pj1 ns prior to dcvc3npment of the
facility to ensure uniformity with the development: plans for the
park.
o Park patrons will not be required to pay for parking after
5:30 p.m., on weekdays and on weekends and holidays.
Based upon the mutual interest served by development of the facility and the
potential revenue to the City after the Department recovers its investment,
it is recommended that the attached sublease be submitted to the City
Commission for approval in their May 10, 1984 meeting.
Enc.
3
i
84-561