HomeMy WebLinkAboutExhibitDRAFT
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
LAND LEASE OFF AIRPORT
Lease No: DTFASO-09-L-00004
Facility: VORTAC
Location: Virginia Key (Miami), Fl.
THIS LEASE made and entered into this day of
in the year 2008, by and between the CITY OF MIAMI, FLORIDA, a Municipal
Corporation of the State of Florida whose address is
300 Biscayne Blvd. Way, Suite 400
Miami, Florida 33131
WITNESSETH: The parties hereto, for the consideration hereinafter
mentioned covenant and agree as follows:
1. PREMISES (AUG-02):
The Lessor hereby leases to the Govemment the following described
property, hereinafter referred to as the premises, viz:
LEGAL DESCRIPTION — VERY HIGH FREQUENCY OMNI-DIRECTIONAL
RANGE WITH TACTICAL AIR NAVIGATION (VORTAC) FACILITY SITE
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 comer of said Section 9; thence run N
89°35'45.9„ E (N89°34'45-E), along the south line of said Section 9, for a
distance of 870.00 feet; thence run N 00°24'14' W (N00°25'15"W), at right
angles, for a distance of 160 feet to the Point of Beginning of hereinafter
described parcel of land:
From said Point of Beginning, continue N 00°24'14..1" W(N00°25'15"1N) for
a distance of 200.00 feet; thence run N 89°35'49.9" E (N 89°34'45" E), atright
angles, for a distance of 300 feet; thence run S 00°24'14.1* E (S 00°25'15" E), at
right angles, for a distance of 200 feet; thence run S 89°35'45.9" W (S 89°34'45"
W), al right angles, for a distance of 300.00 feet to the POINT of BEGINNING.
The parcel contains 60,000 square feet or 1.3774 acres of land, more or
less; as depicted on Exhibit 'A", attached hereto and made a part hereof, for any
and all purposes.
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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 Govemment's use, the Government agrees to repair said road
to its .original condition at its sole expense.
b. And the right-of-way for establishing and maintaining a pole line (s) for
extending electric power and/or telecommunications lines to the Premises; and a
right-of-way for subsurface power and communication to the Premises;. all rights -
of -way to be over the said lands of the Lessor, said route is depicted on Exhibit
"B", attached hereto and made a part hereof for any and all purposes. Said route
shall be via overhead pole line (s) to a point 35 feet south of fencing which
separates the City of Miami property from the Dade County Sewage Treatment
Plant property on the north side; thence the line (s) 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, and shall be buried
approximately 3 feet deep. Said underground portion of electric power and/or
telecommunication lines route shall be installed per request of the City of Miami
and at the sole expense of the Government to accommodate vehicular traffic
which traverses the area on behalf of the City of Miami.
c. And the right of grading, conditioning, 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.
d. And 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 shalt
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,
purchasers of said Facilities.
e. And the right to install a lock in series with the current lock at the entrance gate
at the access road. Installation of . said lock will be coordinated with the Lessor
after commencement of the term of the Lease.
2. TERM (AUG-02):
To have and to hold said premises with their appurtenances for the term
beginning October 1, 2008 through September 30, 2009, subject to termination
and renewal rights as may be hereinafter set forth.
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3. RENEWAL OPTIONS (AUG-021:
This lease contains the following options for annual renewals:
This lease may, at the option of the Government, be renewed from year to year
and otherwise upon the terms and conditions herein specified. The Government's
option shall be deemed exercised and the lease renewed each year for one (1)
year unless the Government gives the Lessor thirty (30) days written notice that it
will not exercise its option, before this lease or any renewal thereof expires;
PROVIDED, that no renewal shall extend the period of occupancy of the
premises beyond September 30, 2018; and PROVIDED FURTHER, that
adequate appropriations are available from year-to-year for payment of rentals.
4. DAY-TO-DAY LEASE EXTENSION (AUG-02):
The Government may continue to occupy the premises for not to exceed
60 days after the end of the occupancy period covered by the basic lease tern,
and any options that have been exercised. In such event, therent shall accrue on
a daily basis at the rate equal to one -thirtieth of the monthly rent of the last
previously due monthly rent, until one of the following events occurs: (1) the 60
day period expires: (2) a new lease commences; (3) the Government acquires a
fee simple interest in the property or (4) the Government vacates the leased
premises; whichever occurs first. The accrued rent computed on a daily basis
shall be due and payable in arrears at the end of each month until the amount
accrued by the end of the month has been fully paid.
5. CONSIDERATION (COST) (AUG-021:
The Government shall pay the Lessor rental for the premises in the amount of
$21.,500.04 per year during the lease period. Payments of $1,791.67 shall be
made in arrears at the end of each month without thesubmission of invoices or
vouchers. The paymentsshall be made to City of .Miami and sent to 444 SW 2'
Avenue, Suite 945, Miami, Florida 33133 or directly deposited in accordance with
the Electronic Funds Transfer (EFT) Payment clause in this lease. Payments
shall be considered paid on the day a check is dated or an electronic funds
transfer is made.
6. PAYMENT BY ELECTRONIC FUND TRANSFER iOCT-06):
(a) Method of payment.
1. All payments by the Government under this contract will be
made by electronic funds transfer (EFT), except as provided in
paragraph (a) (2) or (a) (3) of this clause. As used in this clause,
the term "EFT" refers to the funds transfer and may also include the
payrnent information transfer. Payment information transfer refers
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DTFASO-09-L4O004
to the payment information nominally sent with a payment to assist
the contractor in associating the payment to specific contracts.
2. In the event the Government is unable to release one or more
payments by EFT, the Contractoragrees•to either.
a. Accept payment by check or
b. Request the Government to extend the payment
due date until such time as the Government can make
payment by EFT (but see paragraph (d) of this
clause).
3. In the event that the Contractor is granted a waiver from EFT
under the exceptions as provided for in FAA AMS Section T3.3.1 A-
7, the Government payments will be made by check. A waiver
from EFT is not permanent, and the Contractor must register for
EFT when the circumstances that justified the waiver change .
(b) Contractor's EFT information. The Government will make payment to the
Contractor using the EFT Information contained in the Central Contractor
Registration (OCR) database. In the event that the EFT information changes, the
Contractor will be responsible for providing the updated information to the CCR
database (Reference Clause, "Central Contractor Registration - Real Property")..
If the Contractor is granted an exemption from CCR, the contractor will follow the
requirements of alternate clause "Contractor Payment Information - Non-CCR".
(c) Mechanisms for EFT payment. The Govemment may make payment by EFT
through either the Automated Clearing House (ACH) network, subject to the rules
of the National Automated Clearing House Association, or the Fedwire Transfer
System. The rules governing Federal payments through the ACH are contained
in 31 CFR Part 210.
(d) Suspension of payment. If the Contractor's EFT information in the CCR
database is incorrect, then the Government is not required to make payments to
the Contractor under this contract until correct EFT information is entered into the
CCR database, and any invoice or contract financing request submitted during
this period of noncompliance will be deemed not to be a proper invoice for the
purpose of prompt payment under this contract. In such instances, the late
interest payment terms of the contract regarding notice of an improper invoice
and delays In accrual of interest penalties apply.
(e) Liability for incomplete or erroneous transfers. (1) If an incomplete or
erroneous transfer occurs because the Government used the Contractor's EFT
information incorrectly, the Government remains responsible for,
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(I) Making a correct payment;
(ii) Paying any late payment penalty due; and
(iii) Recovering any erroneously directed funds.
(2) If an incomplete or erroneous transfer occurs because the Contractor's EFT
information was incorrect, or was revised within 30 days of Government release
of the EFT payment transaction instruction to the Federal Reserve System, and,
(i) If the funds are no longer under the control of the payment office,
the Government is deemed to have made payment and the
Contractor is responsible for recovery of any erroneously directed
funds; or
(ii) If the funds remain under the control of the payment office, the
Government will make payment under the provisions of
paragraph (d)) "Suspension of Payment".
(f) EFT and payment terms. A payment will be deemed to have been made in a
timely manner in accordance with the payment terms of this contract if, in the
EFT payment transaction instruction released to the Federal Reserve System,
the date specified for settlement of the payment is on or before the payment due
date, provided the specified payment date is a valid date under the rules of the
Federa) Reserve System.
(g) EFT and assignment of claims. if the Contractor assigns the proceeds of this
contract, as provided for in the assignment of claims terms of this contract, the
Contractor will require that the assignee register separately in the CCR database
and that the assignee agree that payments will be made by EFT in accordance
with the terms of this clause. The requirements of this clause will apply to the
assignee as if it were the Contractor. EFT information that shows the ultimate
recipient of the transfer to be other than the Contractor or the CCR registered
assignee is incorrect EFT information within the meaning of paragraph (d)
"Suspension of Payment" clause.
(h) EFT and Change of Name or Ownership Changes. If the Contractor transfers
ownership of the property under lease or changes its business name, it will follow
the requirements of section (g) of clause, "Central Contractor Registration - Real
Property".
(i) Liability for change of EFT information by financial agent. The Government is
not liable for errors resulting from changes to EFT information made by the
Contractor's financial agent.
(j) Payment information. The accounting office will forward to the Contractor
available payment information that is suitable for transmission as of the date of
release of the EFT instruction to the Federal Reserve System. The Government
may request the Contractor to designate a desired format and method(s) for
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DTFASG-09-U.00004
delivery of payment information from a list of formats and methods the payment
office is capable of executing. However, the Government does not guarantee that
any particular format or method of delivery is availabie at any particular payment
office and retains the latitude to use the format and delivery method most
convenient to the Government. The Contractor can obtain detailed payment
information by registering for the US Treasury PAID system. This can be done
on the Internet by logging onto the website: https://fmsapps.treas.00v/paid/. If
the Government makes payment by check in accordance with paragraph (a) of
this clause, the Government will mail the payment information to the remittance
address contained in the contract and CCR database.
7. Contractor Payment Information — NON-CCR (OCT-06)
(a) The Central Contractor Registration system the FAA's required method.
to receive vendor information. However you have been granted an exception to
CCR and therefore must provide your initial payment Information and any future
changes to your payment information to the Real Estate Contracting Officer on a
completedand signed "Vendor Miscellaneous Payment Information" form,
together with any other required notice under this contract.
(b) The Contractor is responsible to maintain correct payment information
with the FAA, and for any liability that may result from the Government's reliance
on incomplete or inaccurateinformation provided by the contractor. Failure to
provide accurate Information or adequate notice of changes to vendor payment
information can result in a determination of "incorrect information" as defined in
paragraph d, "Suspension of Payment" of clause Payment by Electronic Fund
Transfer — Real Property".
8, INTEREST FOR LATE PAYMENTS (AUG-02):
An interest penalty will be paid by the Government, if requested: from the
Lessor, if payment is not made within 30 days of the due date.
Payment shall be considered as being made on the day a check is dated or an
electronic funds transfer is made. All days referred to in this clause are calendar
days, unless otherwise specified. Rent shall be paid annually in arrears and will
be due on September 30. each year,. which is the end of the Federal fiscal Year.
The interest penalty shall be at the rate established by the Secretary of the
Treasury under Section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 811)
that is in effect on the day after the due date. This rate is referred to as the
"Renegotiation Board Interest Rate," and it is published in the Federal Register
semiannually on or about January 1 and July 1. Interest penalties of less than
$1.00 shall not be paid.
Interest penalties will not be paid on delays due to disagreement between
the Government and Lessor over the payment amount, requests for additional
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information or other issues involving contract compliance or on amounts
temporally withheld or retained In accordance with the terms of the contract.
9. CANCELLATION (AUG-021:
The Government may terminate this lease, in whole or in part, If the Real
Estate Contracting Officer (RECO) determines that a termination is In the best
interest of the Government. The RECO shall terminate by delivering to the lessor
a written notice specifying the effective date of the termination. The termination
notice shall be delivered by registered mail; return receipt requested and mailed
at least 30 days before the effective termination date.
10. QUIET ENJOYMENT (OCT-96):
The Lessor warrants that they have good and valid title to the premises.
and rights of ingress and egress, and warrants and covenants to defend the
Government's• use and enjoyment of said premises against third party claims.
11. NOTIFICATION OF CHANGE IN LAND TITLE fAUG-02):
If the Lessor sells or otherwise conveys to another party or parties any
interest in the aforesaid land, rights of way thereto, and any areas affecting said
demised premises, they shall notify the Government, in writing, of any such
transfer or conveyance affecting the demised premises within 30 calendar days
after completion of the "change: in property rights". Concurrent with the written
notification, the Lessor shall provide the Government copies of the legal
document(s) (acceptable to local authorities) for transferring and or conveying.
the property rights.
12. SUBORDINATION, NONDISTURBANCE AND ATTORNMENT (OCT-961:
The Government agrees, in consideration of the warranties herein
expressed, that this lease is subject and subordinate to any and all recorded
deeds of trust, mortgages, and other security instruments now or hereafter
imposed upon the premises, so long as such subornation shall not interfere with
any right of the Government under this lease. it is mutually agreed that this
subordination shall be self -operative and that no further instrument shall be
required to effect said subordination.
in the event of any sale of the premises, or any portion thereof, or any such
transfer of ownership, by foreclosure of the lien of any such security instrument,
or deed provided in lieu of foreclosure, the Government will be deemed to have.
attorned to any purchaser, successor, assigns, or transferee. The succeeding
owner will be deemed to have assumed all tights and obligations of the Lessor
under this lease, establishing direct privity of estate and contract between the
Government and said purchasers/transferees, with the same force, effect and
relative priority in time and right as if the lease had initially been entered into
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between such purchasers or transferees and the Government; provided that such
transferees shall promptly provide, following such sale or transfer, appropriate
documentation deemed necessary by the Real Estate Contracting Officer, and
shall promptly execute any instrument, or other writings, as shall be deemed
necessary to document the change in ownership.
13. LIABILITY LIMITATION
In accordance with and subject to the conditions, limitations and
exceptions set forth in the Federal Tort Claims Act of 1945, as amended (28 USC
2671 et. seq.), hereafter termed "the Act" the Govemment will be liable to
persons damaged by any persqnal injury, death or injury to or loss of property,
which is caused by a negligent or wrongful act or omission of an employee of the
Government while acting within the scope of his 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 et
the time of such act or omission or to preclude the Government from using any
defense available in law or equity.
14a. CONTRACT DISPUTES (Nov. 03)
Ali contractdisputes and arising under or related to this lease contract
shall be resolved through the Federal Aviation Administration (FAA) dispute
resolution system at the Office of Dispute Resolution for Acquisition (ODRA) and
shall be govemed by the procedures set forth in 14 C.F.R. Parts 14 and 17,
which are hereby incorporated by reference. Judicial review, where available, will
be in accordance with 49 U.S.C. 46110 and shall apply only to final agency
decisions. A Lessor may seek review of a final FAA decision only after its
administrative remedies have been exhausted.
(b) All Contract Disputes shall be in writing and
address:
Federal Aviation
800 Independence Ave., S.W., Room 323,
(1)Office of Dispute Resolution for
Washington, DC
Telephone:
Facsimile: (202) 267-3720; or
(c) A contract dispute against the FM shall be filed with the ODRA within two (2)
years of the accrual of the lease contract claim involved. A contract dispute is
considered to be filed on the date it is received by the ODRA.
The full text of the Contract Disputes clause is incorporated by reference. Upon
request the full text will be provided by the RECO.
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DTFASO-09-L.00004
shall be filed at the following
Administration,
Acquisition, AG -70,
20591
(202)267-3290,
14b. PROTEST (Nov. 031
(a) Protests concerning Federal Aviation Administration Screening Information
Requests (SIRs) or awards of lease contracts shall be resolved through the
Federal Aviation Administration (FAA) dispute resolution system at the Office of
Dispute Resolution for Acquisition (ODRA) and shall be governed by the
procedures set forth in 14 C.F.R. Parts 14 and 17, which are hereby incorporated
by reference. Judicial review, where available,, will be in accordance with 49
U.S.C. 46110 and shall apply only to final agency decisions. A protestor may
seek review of a final FAA decision only after its administrative remedies have
been exhausted.
(b) Offerors initially should attempt to resolve any issues concerning potential
protests with the Real Estate Contracting officer.
(c) Protests shall be in writing and shall be filed at:
(1)Office of Dispute Resolution for Acquisition, AGC-70,
Federal Aviation Administration,
800 Independence Ave., S. W.,.
Room 323,
Washington, DC 20591
Telephone: (202) 267-3290,
Facsimile: (202) 267-3720; or
(2) At the same time as filing the protest with the ODRA, the
protestor shall serve a copy of the protest on the Real Estate
Contracting Officer (RECO).
(d) A protest is considered to be filed on the date it is received by the
ODRA and shall be filed:
(I) Not later than seven (7) business days after the date the
protester knew or should have known of the grounds for the protest
or
(ii) If the protester has requested a post -award debriefing from the
RECO, not later than five (5) business days after the date on which
the RECO holds that debriefing.
The full text of the Protest clause is Incorporated by reference. Upon request the
full text will be provided by the RECO.
15. ANTI -KICKBACK (OCT-96):
The Anti -Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any
person from (1) Providing or attempting to provide or offering to provide any
kickback; (2) Soliciting, accepting, or attempting to accept any kickback; or (3)
Including, directly or indirectly, the amount of any kickback in the contract price
charged by a prime Contractor to the United States Government or in the
contract price charged by a subcontractor to a prime contractor or higher tier
subcontractor.
16. ASSIGNMENT OF CLAIMS 1OCT-961:
Pursuant to the Assignment of Claims Act, as amended, 31 USC 3727, 41
USC 15, the Lessor may assign his rights to be paid under this lease.
17. COVENANT AGAINST CONTINGENT FEES (AUG-02):
The Lessor warrants that no person or agency has been employed or
retained to solicit or obtain this contract upon an agreement or understanding for
a contingent fee, except a bona fide employee or agency. For breach or violation
of this warranty, the Government shall have the right to annul this contract
without liability or, in its discretion, to deduct from the contract price or
consideration, or otherwise recover the full amount of the contingent fee.
18. OFFICIALS NOT TO BENEFIT (OCT-96):
No member of or delegate to Congress, or resident commissioner, shall
be admitted to any share or part of this contract, or to any benefit arising from it
However, this clause does not apply to this contract to the extent that this
contract is made with a corporation for the corporation's general benefit.
19. RESTORATION (OCT-961:
The Government shall surrender possession of the premises upon the
date of expiration or termination of this lease. If the Lessor provides written
notice, prior to the date of expiration or termination, requesting restoration of the
premises, the Government at its option shall within ninety (90) days. after such
expiration or termination, or within such additional time as may .be mutually
agreed upon, either.
(a) 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 or
any preceding lease (changes to the premises in accordance with
paragraph 1(a), 1(b) and 1(c) above., ordinary wear and tear, damage
by natural elements and by circumstances over which the Government
has not control, excepted) or,
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(b) Make an equitable adjustment in the lease amount for the cost of such
restoration of the premises or the diminution of the value of the premises if
unrestored, whichever is less. Should a mutually acceptable settlement be made
hereunder, the parties shall enter into a supplemental agreement hereto effecting
such agreement.
20. LEASE SUCCESSION (AUG-021:
This lease supersedes Lease No. DTFA06-94-L-13026 and all other
previous agreements between the parties for the leased property described in
this document
21. HAZARDOUS SUBSTANCE CONTAMINATION (10/96)
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 the
Government's facilities. The Lessor agrees to remediate or have remediated,
with no cost to the Government, any and all other hazardous substance
contamination found on the leased premises. The Lessor also agrees to save
and hold the Govemment 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 the Govemment's facilities. (10/96)
22. PURPOSE OF LEASE
The Premises shall be occupied by the Government for the sole purpose
of operating and maintaining a Very High Frequency Omni -Directional Range
and Tactical Air navigation (VORTAC) facility.
23. MAINTENANCE
The Government shall maintain the leased Premises in good condition
throusrhout the term of this lease at its sole expense.
24. SITE MONITORING
The Govemment will conduct groundwater tests on the Premises, at its
own 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 agreement as Exhibit "C"), and to detect any
further exceedances. The test methods and monitoring intervals will be selected
at the Government's discretion. The Govemment agrees to make the monitoring
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results available to Lessor on request. Lessor agrees to provide the Government
with any and all information receives. from Dade County or any other source
regarding any and ail contaminants or potentially hazardous substances on or
flowing from the Premises. Lessor agrees to inform Govemment of any City or
other ordinances or legislation it becomes aware of, pertaining to environmental
requirements concerning the Premises.
25. INTERFERENCE WITH GOVERNMENT OPERATIONS
The Lessor agrees not to erect or allow to be erected any structure or
obstructions 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 Govemment representative hereinafter referred to as the
"Contracting Officer".
26. CLEAR ZONE RESTRICTIONS
The Lessor shallprovide the Government with a 1000-footradius 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 level.
27. NOTICES (OCT-96):
All notices/correspondence shall be in writing, reference the lease
number, and be addressed as follows:
TO LESSOR:
City of Miami
Department of Public Utilities
444 SW 2nd Ave. Third Floor
Miami, Florida 33133
TO GOVERNMENT: Federal Aviation Administration
Eastern Logistics Service Area, ASO-53A
P. O. Box 20836
Atlanta, Georgia 30320
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"` 28. SIGNATURE BLOCK (AUG 02n:
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their
names as of the day first above written:
LESSOR: CITY OF MIAMI, FLORIDA
Attest BY:
City Clerk City Manager
APPROVED AS TO FORM AND CORRECTNESS
By:
City Attomey
APPROVED AS TO INSURANCE REQUIREMENTS (City of Miami)
BY:
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: / /
Real Estate Contracting Officer
Federal Aviation Administration
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