HomeMy WebLinkAboutExhibitDEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
SOUTHERN REGION
ATLANTA, GEORGIA
SUPPLEMENTAL AGREEMENT NO. 1
LEASE NO. DTFA06-94-L-13026
FACILITY: VORTACI
LOCATION: VIRGINIA KEY, MIAMI, FL
THIS SUPPLEMENTAL AGREEMENT, entered into this day of
, 2007, between the CITY OF MIAMI, hereinafter referred to as "Lessor," and
the United States of America, acting by and through the Department of Transportation,
Federal Aviation Administration (FAA), Southern Region, P.O. Box 20636, College
Park, Georgia 30337 (hereinafter referred to as "Government"), who collectively may
be referred to in this Lease as the parties ("Parties").
WHEREAS, it is the desire of the Parties to extend FAA Lease No. DTFA06-
94-L-13026 dated June 3, 1994 (hereinafter Lease), whereby the Government leased
1.3774 acres or 60,000 sq. ft. covering the Very High Frequency Omni -directional
Range and Tactical Air Navigation (VORTAC) site on Virginia Key, Miami, Florida
(the "Property"); and
WHEREAS, Lessor has agreed to continue to lease the Property to Government
consistent with the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants herein expressed
and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Lessor and the Government agree as follows:
SECTION 2 RENEWAL of the Lease is hereby deleted in its entirety and the
following substituted therefor:
At the mutual consent of the Parties, the Lease is hereby reinstated and extended
for a maximum of four (4) additional one-year terms, commencing October 1, 2004,
upon the terms and conditions herein specified. The Government's option shall be
deemed exercised and the Lease renewed each year, unless the Government gives the
Lessor sixty (60) days prior written notice that it will not exercise its option before this
Lease or any renewal thereof expires; PROVIDED, that no renewal thereof shall extend
the period of occupancy, of the Premises beyond the 30th day of September 30, 2008;
AND PROVIDED FURTHER, that adequate appropriations are available from year to
year for the payment of rentals.
SECTION 3 CONSIDERATION. Section 3 of the Lease is deleted in its
entirety and the following substituted therefor:
The Government shall pay the Lessor rental for the Premises in the amounts of
$17,832.36 per year during the lease period. Payments shall be made in arrears at the
end of each month in the amount of $1,486.03 without the submission of invoices or
vouchers. The payments shall be made to: City of Miami and sent to: 444 SW 2'1"
Avenue, 6th Floor, Miami, Florida 33130. Payments shall be considered paid on the
day a check is dated.
SPECIAL STIPULATION
Upon execution of this Supplemental Agreement, back payment in the amount of
$28,234.57 for the period of 10/1/2005 through 8/30/2007 at a rate of $1,486.03 per
month shall be paid immediately to the City of Miami and sent to: 444 SW 2"d Avenue,
6th Floor, Miami, Florida 33130.
SECTION 15 NOTICES of the Lease are hereby amended as follows and shall
remain until changed to such other addresses as either party may designate from time to
time by notice to the other:
To:
Copy to:
City Manager
City of Miami
3500 Pan American Drive
Miami, Florida 33133
City Attorney
City of Miami
444 SW 2'd Avenue, Suite 945
Miami, Florida 33130
Copy to: Director
Department of Public Facilities
City of Miami
444 SW 2"d Avenue, 3rd Floor
Miami, Florida 33130
All other terms and conditions of the Lease remain unchanged.
IN WITNESS WHEREOF, the Parties hereto have hereunto subscribed their
names as of the date first about written.
By:
Attest:
By:
By:
CITY OF MIAMI
Pedro G. Hernandez
City Manager
Priscilla A. Thompson
City Clerk
Jorge L. Fernandez
City Attorney
Approved as to Insurance Requirements (City of Miami):
By:
LeeAnn Brehm
Administrator, Department of Risk Management
U.S. DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
BY: DATE: / /
Ima J. LaMar
TITLE: Manager, Real Estate Branch
WITNESS: DATE:
LEASE AGREEMENT
Lessee: UNITED STATES OF AMERICA
Federal Aviation Administration
Location: Virginia Key
Contact:
l Ms. Gloria Godwin
Real Estate Contracting Officer
Phone: (404) 305-5807
Mailing Address: U.S. Department of Transportation
Federal Aviation Administration
Real Estate & Utilities'Branch ASO-56
P.O. Box 20636
Atlanta, Georgia 30320
Term: ) For the term commencing_.onMay 20,,
1994 and ending on September 30, 1994
w/ automatic annual renewals_not to
exceed September 30, 2004, unless,
otherwise terminated by Lessee sixty
(60) days prior to renewal
'Use: Constructing, placing and operating
a VORTAC ,(antenna) facility.
Consideration:
Insurance: Per the Federal Tort Claims Act of
1948
Maintenance: Gov't shall maintain premises in good
condition at its own expense
Taxes: None
Utilities: None
Resolution: 94-81
Updated 7/7/94