HomeMy WebLinkAboutAddendum Airspace AgreementSTATE OF FLORIdA DEPARTMENT OF TRANSPORTATION
ADDENDUM TO AIRSPACE AGREEMENT
ITEM/SEGMENT NO.:
4149641
MANAGING DISTRICT: Six
FAP No.:
_I-95-1 (419) 5
STATE ROAD NO.:
9A (1-95)
COUNTY:
Miami -Dade
PARCEL:
3831 (6112)
This AGREEMENT dated this -2:�"day of MAY 2008, shall serve
as an ADDENDUM to that certain Airspace Agreement between the City of Miami
("Lessee") at 444 S.W. 2"d Avenue, Miami, Florida 33130 and the State of Florida
Department of Transportation ("Lessor") at 1000 N.W. 111th Avenue, Miami, Florida
33172 dated .2o7H A -?Ay -7008" . In addition to the provisions contained in
said Agreement, the following terms and conditions shall be deemed to be part thereof
pursuant to Paragraph 9(d) of said Agreement.
1. Conflict. Where the provisions of this Addendum conflict with the provisions of.
the original Airspace Agreement, this Addendum shall control.
2. Lessor reserves the right to enter the leased premises in an emergency without
notice at any time. At all other times, the Lessor will give 48 hours notice for
routine maintenance, inspection or access for construction related to the Lessor's
1-95 Managed Lanes Project.
3. Lessee will be responsible for any environmental contamination or damages
which may result from its use or operations on the leased premises.
4. All improvements to be constructed on the leased premises must be submitted to
Lessor for written approval before commencement of any work and will require
removal and re -instatement of the area at termination of the Agreement.
5. Section 3 of the Airspace Agreement. The Lessee shall not be required to pay
rent and Section 3 (b) and 3 (c) are hereby deleted.
6. Section 5 of the Airspace Agreement, entitled Indemnification, is hereby
amended to limit indemnification in accordance with and subject to the limitations
as set forth in Section 768.28 of the Florida Statutes.
7. Section 6 of the Airspace Agreement. Lessee is self insured in accordance with,
and subject to the limitations set forth in Section 768.28, Florida Statutes. Lessor
accepts Lessee's insurance coverage and agrees it satisfies the requirements of
Section 6 of the said Airspace Agreement.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ADDENDUM TO AIRSPACE AGREEMENT
ITEM/SEGMENT NO.:
4149641
MANAGING DISTRICT: Six
FAP No.:
1-95-1 (419) 5
STATE ROAD NO.:
9A (1-95)
COUNTY:
Miami -Dade
PARCEL:
3831 (6112)
8. Section 9 0) shall be amended such that notices to the Lessee shall be sent to
the following addresses which shall remain until changed to such other place that
the Lessee may respectively designate from time to time by notice to the Lessor.
City Manager
City of Miami
3500 Pan American Drive
Miami, Florida 33130
with a copy to: City Attorney
City of Miami
444 S.W. 2nd Avenue
Suite 945
Miami, Florida 33130
with a copy to: Director
Department of Public Facilities
444 S.W. 2nd Avenue, 3td Floor
Miami, Florida 33130
This space intentionally left blank
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ADDENDUM TO AIRSPACE AGREEMENT
ITEM/SEGMENT NO.:
4149641
MANAGING DISTRICT: Six
FAP No.:
1-95-1 X419) 5
STATE ROAD NO.:
9,A (1-95)
COUNTY:
Miami -Dade
PARCEL:
3831 (6112)
All other terms and conditions of the Airspace Agreement shall remain unchanged
and confirmed and ratified by Lessee and Lessor.
IN WITNESS WHEREOF, the parties have executed this Addendum to the Airspace
Agreement as of this 2,-�7'v day of M.9 )� 2008.
On behal ee On behalf of Lessor
CITY O MI I STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By By: d
Pedro G. Hem dez, Gerry O'Reilly
City Manager Interim District Secretary
AttesF. Attest: Q_ l
Pricilla A. Thompson 01 % D Margaret Higgins
City Clerk 0 Executive Secretary
Approved as to FVrm aqd Correctness
LEGAL REVIEW:
By:�
Jorge de Alicia Trujillo, Esq.
Chy Ajtr
District General Counsel
Approval asty Insu�ancqu�ments:
0
Lee And Brehm, Director
Risk Management Department
City of Miami Addendum Ops Yard
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