HomeMy WebLinkAboutR-10-0322Vop City of Miami
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Resolution: R-10-0322
File Number: 10-00781
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/22/2010
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 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
City of Miand Page 1 of 2 File Id. 10-00781 (Version: 1) Printed On: 8/3/2017
File Number: 10-00781 Enactment Number: R-10-0322
WHEREAS, FDOT has required a public purpose reverter provision that if the use of the Parcel is
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}
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.
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