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HomeMy WebLinkAboutexhibit2575-060.3' RIGHT OF WAY 0510= Page 7 DI 7 ADDENDUM TO AIRSPACE AGREEMENT Item/Segment No : 2515611 FAP No : 0951 067 I SR. No,: 1-95 County: Miami -Dade Parcel No,: 00011RWMS 1059 THIS AGREEMENT SHALL SERVE AS AN ADDENDUM to that certain Airspace Agreement between THE CITY OF MIAMI and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) dated the day of 2005. In addition to the provisions contained in said Agreement, the following terms and conditions shall be deemed to'be a part thereof pursuant to Paragraph 9 (d) of said Agreement. SECTION 4 USE, OCCUPANCY AND MAINTENANCE No permanent structures or buildings will be allowed in the lease area, A glare screen will be installed and maintained around the lease area to hide the impounded vehicles, No storage will be permitted outside of the fenced area. Lessee has requested that Lessor approve of the improvements to be constructed in the leased area as shown on the site plans, as described in Exhibit A, submitted by Lessee. Any changes or additions to those improvements, as described in Exhibit A, will require additional prior approval in writing by the District Secretary for District Six. Ail improvements shall be constructed in a good and workmanlike manner at Lessee's sole cost and expense. Improvements should not interfere with existing drainage and utilities in the right of way. Lessor reserves the right of access across the leased property to inspect, maintain and repair Interstate 1-95 as necessary. Ali improvements and any refuse, contamination or other diminution of the property, occurring during THE CITY OF MiAM1's lease shall be removed or rectified as requested by FDOT, Lessor reserves the right to inspect, at any time, during the construction of said improvements and require changes and modifications al Lessor's sole discretion. Lessee shall implement such requests for changes or modifications immediately, at Lessee's sole cost and expense, upon notification by Lessor's authorized representative. Any improvements constructed by Lessee shall be removed by the Lessee, at Lessee's sole cost and expense by midnight on the day of termination of this agreement and the land restored as nearly as practical to its condition at the time the CITY OF MIAMI POLICE DEPARTMENT began occupation of the leased area. Portable or temporary advertising signs are prohibited. c. and d. The City of Miami has supplied a combined survey & legal description, referenced in the lease as Exhibit A, which also shows the general design for use of the airspace and improvements made to the leased area, referenced in 4 (c) and (d) as Exhibit B. The combined Exhibit is attached and shown as Exhibit A. SECTION 6: INSURANCE Lessee is self insured in accordance with, and subject to the limitations set forth in Section 76E1.28, Florida Statutes. Lessor accepts Lessee's insurance coverage and agrees it satisfies the requirements of Section 6 of the Agreement. Page Two Item/Segment No.. 2515611 FAP No.: 0951 067 I SR. No.: 1-95 County: Miami -Dade Parcel No.: 0001/RWMS 1059 SECTION 9. MISCELLANEOUS j. Notices to the Lessee shall be sent to the following notice addresses which shall remain until changed to such other places that the Lessee may respectively designate from time to time by notice to the Lessor: With a Copy to: With a Copy to: City Manager City of Miami 3500 Pan American Drive Miami, Florida 33133 City Attorney City or Miami 444 SW 2nd Avenue Suite 945 Miami, Florida 33130 Director Department of Economic Development City of Miami 444 SW 2nd Avenue 3rd Floor Miami, Florida 33130 Attention: Assets Management Section k The City Manager of the City of Miami shall be authorized to approve and execute the Airspace Agreement and Addendum to Airspace Agreement as well as any extensions thereof. City of Miami STATE OF FLORIDA LESSEE (Company Name, if applicable) DEPARTMENT OF TRANSPORTATION By: By: District Secretary Name Joe Arriola Name: John Martinez Title: City Manager Attest: Attest. Name/Title. By: (Seal) Legal Review: Name: Priscilla A. Thompson District Counsel Tille: City Clerk Approved as to Form and Correctness (City of Miami): By: Jorge L. Fernandez, City Attorney Approved as to Insurance Requirements: By: Name: D. Michael Schloss Dania F. Carrillo Director, Risk Management Dept.