HomeMy WebLinkAboutLegislationFile Number: 09-01332
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND ADDENDUM
("ADDENDUM"), IN SUBSTANTIALLY THE ATTACHED FORM, TO THE
AIRSPACE AGREEMENT BETWEEN THE CITY OF MIAMI AND THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), TO ADD THE USE
OF RIGHT-OF-WAY PARCEL ("RWMS") IDENTIFIED AS PARCEL 0002/RWMS
1060 CONSISTING OF 65,524 SQUARE FEET, LOCATED UNDER 1-95 BETWEEN
NORTHWEST 7TH AND NORTHWEST STH STREETS BETWEEN NORTHWEST
3RD COURT AND NORTHWEST 3RD AVENUE, MIAMI, FLORIDA, EFFECTIVE
AS OF THE DATE OF THE ADDENDUM AND PROVIDING FOR A TERM OF FIVE
(5) YEARS, WITH THREE (3) ADDITIONAL FIVE (5) YEAR TERMS, FOR RWMS
PARCELS 1059 AND 1060, FOR NO RENT, COMMENCING JUNE 20, 2010, FOR
PUBLIC PURPOSE USE BY THE CITY OF MIAMI POLICE DEPARTMENT TO
ACCOMMODATE OVERFLOW PARKING, THE PARKING OF SPECIALIZED
OPERATIONAL POLICE VEHICLES, STORAGE OF POLICE EVIDENCE AND FOR
ALLIED, RELATED AND INCIDENTAL PUBLIC PURPOSES; SUBJECT TO
FDOT'S APPROVAL OF ANY IMPROVEMENTS; WITH TERMS AND CONDITIONS
AS PARTICULARLY SET FORTH IN SAID ADDENDUM.
WHEREAS, the State of Florida Department of Transportation ("FDOT") is the owner of the
FDOT right-of-way parcel (RWMS) identified as Parcel 0002/RWMS 1060 located under 1-95 between
Northwest 7th and Northwest 8th Streets between Northwest 3rd Court and Northwest 3rd Avenue,
Miami, Florida ("Property"); and
WHEREAS, the City of Miami ("City") entered into an Airspace Agreement ("Agreement") with
FDOT to lease and utilize an adjacent right-of-way parcel identified as Parcel 0001/RWMS 1059 parcel
under 1-95 between Northwest 4th to Northwest 7th Streets, Miami, Florida, for use as an auto pound
and parking lot for police vehicles for five (5) years until June 19, 2010; and
WHEREAS, the City Department of Police seeks to accommodate additional public purpose
uses of overflow parking, the parking of specialized operational vehicles and storage of police
evidence on FDOT Parcel 002/RWMS 1060; and
WHEREAS, the City and FDOT wish to amend the Agreement to allow for the City's additional
use of FDOT Parcel 0002/RWMS 1060;
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 adopted
by reference and incorporated as if fully set forth in this Section.
City of Miami Page I of 2 Printed On: 121312009
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Resolution
File Number: 09-01332
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND ADDENDUM
("ADDENDUM"), IN SUBSTANTIALLY THE ATTACHED FORM, TO THE
AIRSPACE AGREEMENT BETWEEN THE CITY OF MIAMI AND THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), TO ADD THE USE
OF RIGHT-OF-WAY PARCEL ("RWMS") IDENTIFIED AS PARCEL 0002/RWMS
1060 CONSISTING OF 65,524 SQUARE FEET, LOCATED UNDER 1-95 BETWEEN
NORTHWEST 7TH AND NORTHWEST STH STREETS BETWEEN NORTHWEST
3RD COURT AND NORTHWEST 3RD AVENUE, MIAMI, FLORIDA, EFFECTIVE
AS OF THE DATE OF THE ADDENDUM AND PROVIDING FOR A TERM OF FIVE
(5) YEARS, WITH THREE (3) ADDITIONAL FIVE (5) YEAR TERMS, FOR RWMS
PARCELS 1059 AND 1060, FOR NO RENT, COMMENCING JUNE 20, 2010, FOR
PUBLIC PURPOSE USE BY THE CITY OF MIAMI POLICE DEPARTMENT TO
ACCOMMODATE OVERFLOW PARKING, THE PARKING OF SPECIALIZED
OPERATIONAL POLICE VEHICLES, STORAGE OF POLICE EVIDENCE AND FOR
ALLIED, RELATED AND INCIDENTAL PUBLIC PURPOSES; SUBJECT TO
FDOT'S APPROVAL OF ANY IMPROVEMENTS; WITH TERMS AND CONDITIONS
AS PARTICULARLY SET FORTH IN SAID ADDENDUM.
WHEREAS, the State of Florida Department of Transportation ("FDOT") is the owner of the
FDOT right-of-way parcel (RWMS) identified as Parcel 0002/RWMS 1060 located under 1-95 between
Northwest 7th and Northwest 8th Streets between Northwest 3rd Court and Northwest 3rd Avenue,
Miami, Florida ("Property"); and
WHEREAS, the City of Miami ("City") entered into an Airspace Agreement ("Agreement") with
FDOT to lease and utilize an adjacent right-of-way parcel identified as Parcel 0001/RWMS 1059 parcel
under 1-95 between Northwest 4th to Northwest 7th Streets, Miami, Florida, for use as an auto pound
and parking lot for police vehicles for five (5) years until June 19, 2010; and
WHEREAS, the City Department of Police seeks to accommodate additional public purpose
uses of overflow parking, the parking of specialized operational vehicles and storage of police
evidence on FDOT Parcel 002/RWMS 1060; and
WHEREAS, the City and FDOT wish to amend the Agreement to allow for the City's additional
use of FDOT Parcel 0002/RWMS 1060;
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 adopted
by reference and incorporated as if fully set forth in this Section.
City of Miami Page I of 2 Printed On: 121312009
File Number: 09-01332
Section 2. The City Manager is authorized(1) to execute the Second Addendum
("Addendum"), in substantially the attached form, to the Agreement between the City and FDOT, to
add the use of the RWMS identified as Parcel 0002/RWMS 1060 consisting of 65,524 square feet,
located at the Property, effective as of the date of the Addendum and providing for an initial term of
five (5) years, with three (3) additional five (5) year terms, for RWMS Parcels 1059 and 1060, for no
rent, commencing June 20, 2010, for public purpose use by the City Department of Police to
accommodate overflow parking, the parking of specialized operational police vehicles, storage of
police evidence and for allied, related and incidental public purposes, subject to FDOT's approval of
any improvements, with all terms and conditions as more particularly set forth in said Addendum.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.(2)
APPROVED AS TO FORM AND CORRECTNESS`
JULIE O. BRU
CITY ATTORNEY
Footnotes:
(1) The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
(2) If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 Printed On: 12/3/2009