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HomeMy WebLinkAboutR-09-0579Vop City of Miami Legislation < U R �O Resolution: R-09-0579 File Number: 09-01332 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 12/17/2009 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 I-95 BETWEEN NORTHWEST 7TH AND NORTHWEST 8TH 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 Miand Page 1 of 2 File Id. 09-01332 (Version: 1) Printed On: 7/12/2017 File Number: 09-01332 Enactment Number: R-09-0579 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} 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 File Id. 09-01332 (Version: 1) Printed On: 7/12/2017