HomeMy WebLinkAboutExhibit2ADDENDUM TO AIRSPACE AGREEMENT
Item/Segment NO.: 4149641
Managing District: Six
FAP No.
State Road. No.: I-95
County: Miami -Dade
Parcel No.: 3831 (6112)
THIS AGREEMENT SHALL SERVE AS AN ADDENDUM to that certain Airspace
Agreement between THE CITY OF MIAMI ("Lessee") at 444 S.W. 2"a Avenue, Miami, FL
33130 and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (the
"Lessor") dated the day of 2007. 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.
1. Conflict. Where the provisions of this Addendum
conflict with the provisions of the original Airspace
Agreement, the Addendum shall control.
2. Lessor reserves the right to enter the area in an
emergency without notice at any time. At other times,
the Department will give 48 hours notice for routine
maintenance or inspection.
3. Lessee will be responsible for any environmental
contamination or damages which may result from its use
and operations on the leased premises.
4. All improvements to be constructed on the leased
premises must be submitted to Lessor for written
approval before commencement of any wdrk and will
require removal and re -installment of the area at
termination of the Agreement.
4. Section 3. Lessee shall not be required to pay rent and
3(b) and 3(c) of the Agreement are both hereby deleted.
5. Section five of the Agreement, entitled Indemnification,
is hereby amended to limit indemnification in accordance
and subject to the limitations as set forth in Section
768.28 of the Florida Statutes.
6. Section 6. Lessee is self -insured in accordance with,
and subject to the limitations as set forth in Section
768.28, Florida Statutes. Lessor accepts Lessee's
insurance coverage and agrees it satisfies the
requirements of Section 6 of the Airspace Agreement.
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Item/Segment No.:
Managing District:
FAP No.
State Road. No.:
County:
Parcel No.:
4149641
Six
1-95
Miami -Dade
3831 (6112)
7. Section 9(j) shall be amended such that notices to the
Lessee shall be sent to the following addresses which shall
remain until changed to such other place that the Lessee may
respectively designate from time to time by notice to the
Lessor:
With a Copy to:
City Manager
City of Miami
3500 Pan American Drive
Miami, Florida 33133
City Attorney
City of Miami
444 SW 2nd Avenue
Suite 945
Miami, Florida 33130
With a Copy to: Director
Department of Public Facilities
City of Miami
444 SW 2nd Avenue, 3rd Floor
Miami, Florida 33130
Attention: Asset Management Section
All other terms and conditions of the Lease Agreement remain unchanged and with this
confirmed and ratified by Lessor and Lessee.
AN ADDENDUM made this
AGREEMENT, dated
day of
of , 2007.
, 2007, TO AIRSPACE
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Item/Segment No.:
Managing District:
FAP No.
State Road. No.:
County:
Parcel No.:
4149641
Six
1-95
Miami -Dade
3831 (6112)
LESSOR:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
John Martinez, P.E.
District Six Secretary
Attest:
By:
Margaret Higgins
Executive Secretary
LESSEE:
CITY OF MIAMI, a State of Florida
Municipal Corporation
By:
Pedro G. Hernandez, City Manager
Attest:
By:
Priscilla A. Thompson
City Clerk
Approved as to Form and Correctness (City of Miami):
By:
Jorge L. Fernandez, City Attorney
Approval as to Insurance Requirements:
By:
LeeAnn Brehm, Director
Risk Management Department
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