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HomeMy WebLinkAboutLegislationFile Number: 20-00781 City Hall 3500 Pan American Drive f�/iiami, FL 33133 vvvvvv.miamigcv.com Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") LEASE AGREEMENT; IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE USE OF A CERTAIN PARCEL LOCATED IN FORDHAM'S SUBDIVISION PLAT BOOK 4-93, LYING IN SECTION 35, TOWNSHIP 53 SOUTH, RANGE 41 EAST, AS SHOWN ON THE FDOT RIGHT-OF-WAY MAP FOR STATE ROAD 933 SECTION 8760-152, SOUTHEAST OF THE MIAMI RIVER, UNDER THE NORTHWEST 12TH AVENUE BRIDGE, BETWEEN NORTHWEST 8TH TERRACE AND THE MIAMI RIVER, CITY OF MIAMI, MIAMI-DADE COUNTY; MORE PARTICULARLY DESCRIBED AS THE EAST PORTION OF THE SOUTHEAST PARCEL UNDER THE NORTHWEST 12TH AVENUE BRIDGE CONTAINING 22,770 SQUARE FEET MORE OR LESS, FOR THE STORAGE OF SPARE APPARATUS; WITH SAID LEASE AGREEMENT AT NO COST TO THE CITY OF MIAMI, FOR A LEASE TERM OF FIVE (5) YEARS, WITH AN OPTION TO RENEW FOR ANOTHER FIVE (5) YEARS; WITH THE REQUIREMENT BY FDOT, THAT A PUBLIC PURPOSE REVERTER PROVISION BE ADDED, THAT IF THE USE OF THE PARCEL IS DISCONTINUED, THE LEASE WILL CEASE AND REVERT BACK TO FDOT AND THAT FDOT WILL HAVE ACCESS WITH OR WITHOUT NOTIFICATION FOR EMERGENCY BRIDGE REPAIRS AND THAT ROUTINE BRIDGE REPAIRS CAN BE DONE WITH 72 HOURS VERBAL NOTICE TO THE CONTACT NOMINEE. WHEREAS, the State of Florida Department of Transportation ("FDOT") is the owner of a certain parcel located in Fordham's Subdivision Plat Book 4-93, lying in Section 35, Township 53 South, Range 41 East as shown on the FDOT Right -of -Way Map for State Road 933 Section 8760-152, Southeast of the Miami River, under the Northwest 12th Avenue Bridge, between Northwest 8th Terrace and the Miami River, City of Miami, Miami -Dade County, more particularly described as the east portion of the Southeast parcel under the Northwest 12th Avenue Bridge containing 22,770 square feet more or less ("Parcel"); and WHEREAS, FDOT is willing to lease the Parcel to the City of Miami ("City") at no charge; and WHEREAS, the Parcel will be used to store a spare fleet of emergency response vehicles; and WHEREAS, these vehicles need to be in close proximity to our maintenance division in order to be immediately ready to deploy and replace a disabled emergency vehicle; and WHEREAS, the attached Lease Agreement would be at no cost to the City, for a lease term of five (5) years, with an option to renew for another five (5) years; and WHEREAS, FDOT has required a public purpose reverter provision that if the use of the Parcel is Citi- of Miami Page 1 of 2 File Id. 10-00781 (Yersion: 1 J Printed On: 6/25/2010 City of Miami Legislation Resolution File Number: 20-00781 City Hall 3500 Pan American Drive f�/iiami, FL 33133 vvvvvv.miamigcv.com Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") LEASE AGREEMENT; IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE USE OF A CERTAIN PARCEL LOCATED IN FORDHAM'S SUBDIVISION PLAT BOOK 4-93, LYING IN SECTION 35, TOWNSHIP 53 SOUTH, RANGE 41 EAST, AS SHOWN ON THE FDOT RIGHT-OF-WAY MAP FOR STATE ROAD 933 SECTION 8760-152, SOUTHEAST OF THE MIAMI RIVER, UNDER THE NORTHWEST 12TH AVENUE BRIDGE, BETWEEN NORTHWEST 8TH TERRACE AND THE MIAMI RIVER, CITY OF MIAMI, MIAMI-DADE COUNTY; MORE PARTICULARLY DESCRIBED AS THE EAST PORTION OF THE SOUTHEAST PARCEL UNDER THE NORTHWEST 12TH AVENUE BRIDGE CONTAINING 22,770 SQUARE FEET MORE OR LESS, FOR THE STORAGE OF SPARE APPARATUS; WITH SAID LEASE AGREEMENT AT NO COST TO THE CITY OF MIAMI, FOR A LEASE TERM OF FIVE (5) YEARS, WITH AN OPTION TO RENEW FOR ANOTHER FIVE (5) YEARS; WITH THE REQUIREMENT BY FDOT, THAT A PUBLIC PURPOSE REVERTER PROVISION BE ADDED, THAT IF THE USE OF THE PARCEL IS DISCONTINUED, THE LEASE WILL CEASE AND REVERT BACK TO FDOT AND THAT FDOT WILL HAVE ACCESS WITH OR WITHOUT NOTIFICATION FOR EMERGENCY BRIDGE REPAIRS AND THAT ROUTINE BRIDGE REPAIRS CAN BE DONE WITH 72 HOURS VERBAL NOTICE TO THE CONTACT NOMINEE. WHEREAS, the State of Florida Department of Transportation ("FDOT") is the owner of a certain parcel located in Fordham's Subdivision Plat Book 4-93, lying in Section 35, Township 53 South, Range 41 East as shown on the FDOT Right -of -Way Map for State Road 933 Section 8760-152, Southeast of the Miami River, under the Northwest 12th Avenue Bridge, between Northwest 8th Terrace and the Miami River, City of Miami, Miami -Dade County, more particularly described as the east portion of the Southeast parcel under the Northwest 12th Avenue Bridge containing 22,770 square feet more or less ("Parcel"); and WHEREAS, FDOT is willing to lease the Parcel to the City of Miami ("City") at no charge; and WHEREAS, the Parcel will be used to store a spare fleet of emergency response vehicles; and WHEREAS, these vehicles need to be in close proximity to our maintenance division in order to be immediately ready to deploy and replace a disabled emergency vehicle; and WHEREAS, the attached Lease Agreement would be at no cost to the City, for a lease term of five (5) years, with an option to renew for another five (5) years; and WHEREAS, FDOT has required a public purpose reverter provision that if the use of the Parcel is Citi- of Miami Page 1 of 2 File Id. 10-00781 (Yersion: 1 J Printed On: 6/25/2010 File Number: 10-00781 discontinued, the lease will cease and revert back to FDOT; and WHEREAS, FDOT will have access with or without notification for emergency bridge repairs, and that routine bridge repairs can be done with 72 hours verbal notice to the contact nominee; and WHEREAS, it is appropriate for the City Commission to authorize the City Manager to accept said Lease Agreement: 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. Section 2. The City Manager is authorized{1} to execute the FDOT Lease Agreement, in substantially the attached form, for the use of the Parcel, for the storage of spare apparatus, with said Lease Agreement at no cost to the City, for a lease term of five (5) years, with an option to renew for another five (5) years, with the requirement by FDOT, that a public purpose reverter provision be added, that if the use of the parcel is discontinued, the lease will cease and revert back to FDOT and that FDOT will have access with or without notification for emergency bridge repairs and that routine bridge repairs can be done with 72 hours verbal notice to the contact nominee. 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. Cite of Miami Page 2 of 2 File Id: 10-00781 (Version: 1) Printed On: 6/25/2010