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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-00546 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT (THE
"AMENDMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, TO
MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY")
AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
("FDOT"), FOR THE USE OF FDOT PROPERTY IN THE VICINITY OF
SOUTHWEST 4th STREET, MIAMI, FLORIDA, UNDER AN ELEVATED SECTION
OF I-95, TO DELETE FROM THE LEASED AREAS DESCRIBED THEREIN,
THREE PARCELS CONSISTING OF 4,113 SQUARE FEET, WHICH HAVE
BEEN DEEDED BY FDOT TO THE CITY AND TO UPDATE INSURANCE
REQUIREMENTS, WITH ALL TERMS AND CONDITIONS AS MORE
PARTICULARLY SET FORTH IN SAID AMENDMENT.
WHEREAS, the State of Florida Department of Transportation ("FDOT") is the owner of certain
right-of-way property in the vicinity of Southwest 4th Street, Miami, Florida under an elevated section
of Interstate 1-95 (the "Property"); and
WHEREAS, the City of Miami ("City") entered into a Memorandum of Agreement with FDOT on
November 6, 1980, as amended on July 22, 2003, by an Addendum to Memorandum of Agreement
("Agreement"), to lease the Property, also known as Jose Marti Park ("Jose Marti Park"), as City park
facilities for ninety-nine (99) years until 2079; and
WHEREAS, FDOT has deeded certain portions of the Property, consisting of 4,113 square
feet, to the City for the construction of certain City park improvements subject to a public purpose deed
reverter; and
WHEREAS, on September 12, 2006 the City Commission agreed to accept such deed of
conveyance pursuant to Resolution No. 06-0488; and
WHEREAS, the City and FDOT wish to amend the Agreement to delete from the definition of
the Property, as described therein, the parcels consisting of 4,113 square feet which have been
deeded by FDOT to the City and update the insurance requirements;
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 an Amendment, in substantially the
attached form, to the Memorandum of Agreement between the City and FDOT, for the use of FDOT
City of Miami Page 1 of 2 Printed On: 4/25/2007
File Number: 07-00546
right-of-way property in the vicinity of Southwest 4th Street, Miami, Florida, under an elevated section
of 1-95 for park purposes (also known as Jose Marti Park), to delete from the leased areas described
therein three (3) parcels consisting of 4,113 square feet which have been deeded by FDOT to the
City, and to update the insurance requirements, with the terms and conditions as particularly set forth
in said Amendment.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
APPR•VED AS TO FORM AND CORRECTNESS:
JOGE L. ' ERNANDEZ,i
CITYATT'RNEY t
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: 4/25/2007