HomeMy WebLinkAboutExhibit 2DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
SOUTHERN REGION, ASO-56
Lease No.: DTFA06-94-L-13026
Facility: VORTAC
Location: Virginia Key,
LEASE Miami, Florida
between u
THE CITY OF MIAMI
and
THE UNITED STATES OF AMERICA
THIS LEASE, made and entered into this .1 i day of
year one thousand nine hundred and ninety-four, by and between
, in the
The City of Miami, A Municipal Corporation of the State of Florida
whose address is: 300 Biscayne Blvd. Way, Suite 400
Miami, Florida 33131
and whose interest in the property hereinafter described as that of owner, its
administrators, successors, and assigns, hereinafter referred to as the "Lessor"
and the United States of America, hereinafter referred to as the "Government":
WITNESSETH: The parties hereto for the consideration hereinafter mentioned
covenant and agree as follows:
1. TERM.
I
For the term beginning May 20, 1994 and ending September 30, 1994, the
Lessor hereby leases to the Government the following described property,
hereinafter referred to as the "Premises", viz:
A portion of fractional Section 9, Township 54 South, Range 42 East of Dade
County, Florida; being more particularly described as follows:
Commence at the southwest corner of said Section 9; thence run N89 degrees,
35' 45.9" E (N89 degrees 34' 45"E), along the south line of said Section 9, for
a distance of 870.00 feet; thence run NO0 degrees 24' 14.1"W (N00 degrees25'
15"W), at right angles, for a distance of 160.00 feet to the point of beginning
of hereinafter described parcel of land:
From said point of beginning, continue NO0 degrees 24'14.1"W (N00 degrees
25'15"W) for a distance of 200.00 feet; thence run N89 degrees 35' 45.9"E (N89
degrees 34' 45"E), at right angles, for a distance of 300.00 feet; thence run
s00 degrees 24' 14.1"E (S00 degrees 25' 15"E), at right angles, for a distance
of 200.00 feet: thence run 589 degrees 35' 45.9"W (S89 degrees 34' 45"w), at
right angles, for a distance of 300.00 feet to the point of beginning.
Contains 60,000 square feet or 1.3774 acres of land, more or less; as
depicted on Exhibit " , attached hereto and made a part hereof, for any and
all purposes.
INITIALS: Lessor
Gov
Ehh_Lge_ge No. DTFA06-94-L-13026
Together with the following:s
Page 2
(a) A right-of-way for ingress to and egress from the Premises. Should any
damage be caused to the road used.for ingress to and egress from the. Premises,
as a result of the Government's use, the Government agrees to repair said road
to its original condition at its Ole expense; and
(b) the a right-of-way for establishing -and maintaining a poleiine(s) for .
extending electric power and/or telecommunication lines to the Premises; *id a
right-of-way for subsurface power and communication to ,the Premises; ill rights -
of -way to be over the said lands of; the Lessor, said route is depicted on:`Exhibit
"9", attached hereto and made a part hereof for any and'all..purposee. Said route
shall be via overhead pole line(s) to.a point 35 feet south of fencing which
eeparatee The City of Miami property from the Dade County Sewage Treatment plant
property on the northside; thence the lines) -shall be routed at a direct angle
toward the leased Premises; from that point, said lines shall be underground via
PVC piping encased in concrete, ank shall be buried approximately 3 feet deep.
Said underground portion of electr4c power and/or telecommunication lines route,
shall be installed per request of The City of Miami and at the,sol&expense`,of:'
the Government to accommodate vehicular traffic which traverses the. area:on.T
behalf of The City of Miami; and
(c) the right of grading, cond4tioning, and installing drainage facilities,
and seeding the soil of the Premises, and the removal of all obstructions from
the Premises which may constitute a hindrance to the establishment and
maintenance of the Government's Facilities, subject to all necessary approvals
and permits; and
(d).the right to make alterations, attach fixtures, and erect additions,
structures, or signs (hereinafter jointly referred to as the "Facilities", in
or upon the Premises hereby leased( which Facilities so placed in or upon, or
attached to the said Premises shall be and remain the property of the Government,
and shall be removed upon the date,of expiration or termination of this Lease,
or within ninety (90) days thereafter, by or on behalf of the Government, or its
grantees, or purchasers of said Facilities; and
(e) the right to install a lock in series with the current lock at the
entrance gate at the access road. Ipstallation of said lock will be coordinated
with the Lessor after commencement of the term of the Lease.
INITIALS: Lessor
GOV
FAA Lease 1Vo. DTFAG6-94-L-13026 Page 3
2. RENEWAL.
This Lease may, at the option of the Government, be renewed front year to
year upon the terms and conditions herein specified. The Government's option
shall be deemed exercised and the Lease renewed each year for one (1) additional
year unless the Government gives Ole Lessor sixty (60) days prior written notice
that it will not exercise its optiop before this Lease or any renewal thereof
expires; PROVIDED, that no renewal' thereof shall extend the period.. ofoccupancy
of the Premises beyond the 30th day of September, 2004 ; AND PROVIDED FURTHER,
that adequate appropriations are available from year to year for the payment of
rentals.
3. CONSIDERATION.
The Government shall pay the Lessor rental for the Premises in.the•amounte
shown in the following echedule. Payments shall be prorated and made in;.arreare
at the end of each month without the submission of invoices or,vouohers.'. The
City of Miami shall have the option to request Direct Electronic Fund.:Deposit
with a written request, which includes submission of Standard.Forrn (SF) 3881..
Otherwise, rental checks shall be made payable to:
PERIOD FROM 05/20/94
PERIOD FROM 06/01/94
PERIOD FROM 10/01/94
PERIOD FROM 10/01/95
PERIOD FROM 10/01/96
PERIOD FROM 10/01/97
PERIOD FROM 10/01/98
PERIOD FROM 10/01/99
PERIOD FROM 10/01/00
PERIOD FROM 10/01/01
PERIOD FROM 10/01/02
PERIOD FROM 10/01/03
4. TERMINATION.
The City of Miami
300 Biscayne Boulevard Way,
Miami, Florida 33131
TO 05/31/94
TO 09/30/94
TO 09/30/95
TO 09/30/96
TO 09/30/97
TO 09/30/98
TO 09/30/99
TO 09/30/2000
TO 09/30/2001
TO 09/30/2002
TO 09/30/2003
TO 09/30/2004
$ 436.20
$ 4,398.35
$13,269.00
$13,657.07
$14,077.08
$14,499.39
$14,934.37
$15,382.40
$15,843.87
$16,319.19
$16,808.77
$17,313.03
Ste. 400
S 36.35/DAY (12 DAYS)
$1,099.59/MONTH
$1,105,75/MONTH
$1,138.92/MONTH
$1,173.09/MONTH
$1,208.28/MONTH
$1,244.53/MONTH
$1,281.87/MONTH
$1,320.32/MONTH
$1,359.93/MONTH
$1,400.73/MONTH
$1,442.75/MONTH
The Government may terminate this Lease, in whole or in part, at any time
by giving at least sixty (60) days notice in writing to the Lessor, and no rental
shall accrue after the effective date of termination. Said notice shall be
sent by certified or registered mail.
INITIALS:
Lessor
Gov „A-7::f3---
FAA Lease No. DTFA06-94-L-13Q26 Page 4
5.6 PURPOSE OF LEASE.
The Premises shall be occupied by the Government for the sole purpose of
constructing, placing and operating a Very High Frequency Omnidirectional Range
and Tactical Air Navigation (VORTAC) facility.
6. MAINTENANCE.
The Government shall maintain the leased Premises in good condition
throughout the term of this Lease at its sole expense.
7. RESTORATION.
The Government shall surrender possession of the Premises upon the date of
expiration or termination of this Lease, and shall within ninety (90) days after
such expiration or termination, or within such additional time as may be mutually
agreed upon, restore the Premises to as good condition as that existing at the
time of the Government's initial entry upon the Premises under this Lease.
8. HAZARDOUS SUBSTANCES.
The Government agrees to remediate, at its sole cost, all hazardous
substance contamination on the leased Premises that is found to have occurred
as a direct result of the installation, operation, and/or maintenance of this
facility. The Lessor agrees to save and hold the Government harmless for any
and all costs, liabilities and/or claims by third parties that arise out of
hazardous contamination found on the leased Premises not directly attributable
to the installation, operation and/or maintenance of this FAA facility.
9. SITE MONITORING.
The Government will conduct groundwater tests on the Premises, at its own
cost and expense, in order to monitor the exceedances reported in the
Environmental Due Diligence Audit ("Limited Phase II Environmental Due Diligence
Audit Report for the Federal Aviation Administration Potential VORTAC Facility,
Virginia Key, Miami, Florida," prepared by GeoSyntec Consultants, March 1994,
incorporated herein and made a part of this document as Exhibit "C"), and to
detect any further exceedances. The test methods and monitoring intervals will
be selected at the Government's discretion. The Government agrees to make the
monitoring results available to Lessor on request. Lessor agrees to provide the
Government with any and all information Lessor receives from Dade County or any
other source regarding any and all contaminants or potentially hazardous
substances on or flowing from the Premises. Lessor agrees to inform Government
of any City or other ordinances or legislation it becomes aware of, pertaining
to environmental regvj¢'ements concerning the Premises.
INITIALS: Lessor ,
T �
Gov 44.�
FAA Lease No. DTFA06-94-L-13026
10. PROMPT PAYMENT.
Page 5
The Government will make payments under the terms and conditions specified
in this clause. Payment shall be considered paid on the day a check is 'dated
or an electronic funds transfer i'e made.
(a) Rent shall be paid monthly in arrears and will be due on
workday of the month following thje payment period.
(b) An interest penalty shall be paid automatically by the:Government,
withoutrequest from the Lessor, If payment is not made within 15:.days of the.
due date.
(1) The interest penalty shall be at the rate establiehedby the.
Secretary of the Treasury under Section 12 of the Contract Disputes Act,:.;of 1978
(41 U.S.C. 611) that is in effect on the payment date. This rates referred.
to as the "Renegotiation Board Interest Rate," and it is published in the Federal
Register semiannually on or abouttJanuary 1,.and July 1, The interest -'penalty
shall accrue daily on_the payment amount approved by the Government; and be
compounded in 30-day increments inplusive.from the first day afterthe due date
through the payment date. .
(2)_ Interest penalties will not accrue after the fiting`:ot a.'clais'
for such penalties under the Disputes clause or for more than 1 yeax. Interest:':..
penalties of less than $1.00 need not be paid.
(3) Interest penalties are not required on payment delays due. to
disagreement between the Government and Lessor over the payment amount or other
issues involving contract compliance or on amounts temporarily withheld or
retained in accordance with the terms of the contract. claims. involving
disputes, and any interest that may be payable, will be resolved in accordance
with the Disputes clause. (552.232-71) (Jan.,1989)
11. INTERFERENCE WITH GOVERNMENT OPERATIONS.
the first
The Lessor agrees not to erect or allow to be erected any structure or
obstruction of whatsoever kind or nature or to install or allow to be installed
any electronic equipment on the Premises or on adjacent land within a 1,000 foot
radius of the Premises which are owned by the Lessor that may interfere with the
proper operation of the Facilities without obtaining prior written consent from
a duly authorized Government representative hereinafter referred to as the
"Contracting. Officer".
12. CLEAR ZONE RESTRICTIONS.
The Lessor shall provide the Government with a 1000-foot radius clear zone
around the Premises over lands which belong to the Lessor, subject clear zone
will be restricted as follows by the Lessor:
a. Prohibit any construction from exceeding 80 feet mean sea level.
b. Grant right to the Government to remove or top any trees which exceed
80 feet mean sea leve .
INITIALS: Lessor
Gov
FAA Lease No. DTFA06-94-L-13026
13. LIABILITY.
Page 6
In accordance with and subject to the conditions, limitations and exceptions
set forth in the Federal Tort Claims Act of 1948, as amended (28 USC2671 et.
seq.), hereafter termed "the Act" the Government will be liable to persona
damaged by any personal injury, 4eath or injury to or loss of property, which
ie caused by a negligent or wrongful act or omission of a properly authorized
agent or employee of the Government while acting within the scope of hie office
or employment under circumstances where a private person would be liable in
accordance with the law of the place where the act or omission occurred..., The
foregoing shall not be deemed to extend the Government's liability beyond that
existing under the Act at the tiMe of such act or omission or to preclude the
Government from using any defense available in law or equity.
14. 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (JUN 1988)
This contract incorporates one or more clauses byreference:, with thesame:
force and effect as if they wee given in full text. Upon request, .the`
Contracting Officer will make their full text available.
I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES''`
52..203-1
52.203-3
52.203-5
52.203-7
52.233-1
15. NOTICES.
OFFICIALS NOT Td BENEFIT. (APR 1984)
GRATUITIES. (APR 1984)
COVENANT AGAINST CONTINGENT FEES. (APR 1984)
ANTI-KICXBACK PRbCEDURES. (OCT 1988)
DISPUTES. (DEC 1991)
All notices shall be in writing and sent by United States Certified or
Registered mail, return receipt requested, and shall be addressed as follows (or
to such other address as either party may designate from time to time by notice
to the other):
mail.
TO LESSOR:
The City of Miami
300 Biecayne;Blvd. Way, Ste. 400
Miami, Florida 33131
TO GOVERNMENT: Federal Aviation Administration
Real Estate and Utilities Branch, ASO-56
P.O. Box 2063'6
Atlanta, Georgia 30320
General correspondence may be forwarded to the above address via first class
INITIALS: Lessor
Gov
FAA Lease No. pTFA06-94-L-1302Q Page 7
16. OUTSTANDING MORTGAGES, LIENS, ETC.
The Lessor warrants there are no outstanding mortgages, liens, or other
encumbrances on the Premises except as follows:
NONE
(If none insert the word "NONE" and initial. If there is a mortgage or lien,
have the mortgagee complete the statement. below.)
As the holder of a mortgage dated , recorded in
volume , pages , against the above described premises, the
under -signed hereby consents to the foregoing lease and agrees that if while the
lease is in force the mortgage is foreclosed, the foreclosure shall not void the
lease.
(Mortgagee)
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names
as of the date first above written.
ATT ST:
4Aj Matty Hirai
City Clerk
APPROVED AS TO INSURANCE
REQUIREMENTS:
APPROVED AS TO FORM AND
CORRECTNESS:
Q
City Atto ley
THE CITY OF
By
Title
Date
City Manager
THE UNITED STATES OF AMERICA
By
Title
Date
Real Estate Contracting Officer
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