HomeMy WebLinkAboutExhibit 1SECOND ADDENDUM AND AMENDMENT
TO LEASE AGREEMENT
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
Item/Seg No:
Sect/.Job No.
FAP No.:
SR No.:
County:
Parcel No.:
2515601
87270-2425
1-95-1(69)-2
1-95
Miami -Dade
629
This Second Addendum and Amendment to Lease Agreement ("Second
Addendum") made this day of 2013, amends the
Memorandum of Agreement ("Agreement") dated November 6, 1980 between the City
of Miami ("City") and the State of Florida Department of Transportation ("Department"),
as amended.
Whereas, the Department entered into the Agreement with the City dated
November 6, 1980, for a period of 99 years for a public purpose use for no
consideration; and,
Whereas, the lease area in the Agreement includes a portion of land, containing
36,724 square feet more or less, lying between SW Sixth and Seventh Streets and SW
Third and Fourth Avenues, to be used as a municipal parking lot ("Parcel 629", a/k/a
"MPA Lot # 28") ; and,
Whereas, the Department of Off -Street Parking, hereinafter referred to as the
"MPA" or "Sub -lessee", is an agency and instrumentality of the City, that manages and
develops on -and off-street parking in the City; and,
Whereas, the City has requested the Department's approval to Sublease Parcel
629, a/k/a MPA Lot # 28, to the "MPA" for general public and private parking use; and,
Whereas, in addition to the public use, the City has further requested the
Department's approval to allow MPA, as Sub -lessee, to Sub -sublease a portion of the
premises for private parking use, as allocated by the MPA, subject to availability of
parking spaces; and,
Whereas, "Sublease" is hereinafter referred to as the Sublease Agreement.
between the City and MPA and "Sub -sublease" is hereinafter referred to as the MPA
subleases; and,
Whereas, the City asserts that there are currently no other Subleases in effect
with any party with respect to the Parcel herein referenced.
Now, therefore, the Agreement is hereby modified, and the parties further agree
as follows:
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VA-
SECOND ADDENDUM AND AMENDMENT
TO LEASE AGREEMENT
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
Item/Seg No: 2515601
Sect/.Job No.: 87270-2425
FAP No.: 1-95-1(69)-2
SR No.: 1-95
County: Miami -Dade
Parcel No.: 629
1. Where the provisions of this Second Addendum conflict with the provisions of the
Agreement, this Second Addendum shall control. Except as otherwise agreed
herein all other terms of the Agreement shall remain in full force and effect.
2. Any other understandings, written or oral, by and between the Department and
the City with respect to prior subleases, if any, are hereby superseded by this
Second Addendum.
3. Paragraph 10 of the Agreement is modified as follows:
The Agreement and Sublease may be terminated by either party without cause
upon Sixty (60) days prior written notice to the other party.
4. Use:
The request to Sublease MPA Lot # 28 by the City to the MPA is hereby
authorized. The use of the premises shall be redefined to allow a hybrid of
general public use and private use, for the parking of vehicles. The MPA is
authorized to further Sub -sublease a portion of the premises for private parking
use, as allocated by the MPA, subject to availability of1parking spaces.
5. Rent:
The modification of use to allow private use by Sub -sublessees of MPA shall
result in a modification of the rent. The City shall pay to the Department a
monthly rental amount of One Three Hundred Dollars ($1,300.00).
The rent shall be due and payable the first day of each month, commencing as of
the 1st day of October, 2011. In the event this instrument is executed subsequent
to October 1, 2011, the rent shall be effective retroactively as of said date.
Lessee does hereby designate MPA to act as its property manager for purposes
of the administration and day to day management and operation of Parcel 629,
a/k/a MPA Lot # 28, which shall include, but not be limited to, any contact with
the Department regarding the payment of all rents due under the Agreement, as
modified by this Second Addendum. Any notices with respect to any default
under the Agreement and subsequent Addendums shall be to the City , with a
copy to the MPA.
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SECOND ADDENDUM AND AMENDMENT
TO LEASE AGREEMENT
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
Item/Seg No:
Sect/.Job No.:
FAP No.:
SR No.:
County:
Parcel No.:
2515601
87270-2425
1-95-1(69)-2
1-95
Miami -Dade
629
All rental payments are to be made by check or money order, payable to the
State of Florida Department of Transportation and delivered on or before the due
date to: Right of Way Administration, 1000 NW 111th Avenue, Room 6105-B,
Miami, Florida 33172 Attn: Property Management.
Any installment of rent not received within 10 days of the due date shall incur a
late fee of 5% per month or as allowed by law for each month the payment is
late, plus applicable taxes. Late fees and taxes may be classified as additional
rent, if not paid when demanded and may be included in any Three Day Notice
served on the Lessee pursuant to Section 83.20 F.S. Any rent checks which are
returned for insufficient funds shall incur a 5% administration fee and any bank
charges, as applicable, and which may be classified as additional rent and
included in any Three Day Notice.
The Department reserves the right to review and adjust the rent rate every two
years, to reflect market conditions.
6. Insurance:
Paragraph 11 of the Agreement, as amended, is striken in its entirety and
replaced with the following language:
The City maintainsa self insured program in accordance and subject to the
limitations of Section 768.28 of the Florida Statutes.
7. Subleasing of the premises as stated herein is subject to the City's and MPA's
compliance with their respective statutory, governmental and/or legal
requirements and/or procedures in the procurement and/or granting of subleases.
8. The Sublease Agreement shall be subject to the terms and provisions of the
Agreement, as modified by the provisions of this Second Addendum, as further
modified by the following provisions, which shall be included as part of the
Sublease Agreement:
a) Use:
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SECOND ADDENDUM AND AMENDMENT
TO LEASE AGREEMENT
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
Item/Seg No:
Sect/.Job No.:
FAP No.:
SR No.:
County:
Parcel No.:
2515601
87270-2425
1-95-1(69)-2
1-95
Miami -Dade
629
The use of the premises shall be for purposes of a hybrid of general public use
and private use, for the parking of vehicles, subject to allocation/availability of
space.
b) Term:
MPA's failure to submit the monthly rental payment shall constitute a default by
Lessee and Lessor reserves the right to serve the Three Day statutory notice for
collection of rent and/or possession of the real property.
c) Insurance and Indemnification:
Sub -Lessee at its expense, shall maintain at all times during the Sub -Lease
Agreement term, public liability insurance protecting the Department and the
City against any and all claims for injury and damage to persons and property,
and for the loss of life or property occurring in, on, or about the property arising
out of the act, negligence, omission, nonfeasance, or malfeasance of Sub -
Lessee, its employees, agents, contractors, customers, licensees, and invitees.
Such insurance shall be carried in a minimum than One million dollars
($1,000,000.00) for bodily injury or death to anyone person or any number of
persons in any ,one occurrence and not less than One million dollars
($1,000,000.00) for property damage, or a combined coverage of not less than
Two million dollars ($2,000,000.00). If self -insured or under a risk management
program, Sub -Lessee represents that such minimum coverage for liability will be
provided for the leased property.
All such policies shall be issued by companies licensed to do business in the
State of Florida and all such policies shall contain a provision whereby the same
cannot be canceled or modified unless the Department is given at least sixty
(60) days prior written notice of such cancellation or modification. Sub -Lessee
shall provide to the Department and Sub -Lessor, certificates
showing such insurance to be in place and showing the Department and Sub -
Lessor, as additional insured under the policies.
d) Any MPA Sub -sublease shall include the same Use and the Insurance and
Indemnification provisions of this Second Addendum as referred in Subsection
8(a) and (c). The term of the MPA Sub -subleases shall not exceed five (5) years,
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SECOND ADDENDUM AND AMENDMENT
TO LEASE AGREEMENT
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
Item/Seg No:
Sect/.Job No.:
FAP No.:
SR No.:
County:
Parcel No.: v
2515601
87270-2425
1-95-1(69)-2
1-95
Miami -Dade
629
and shall not exceed the time period of the Sublease. The MPA Sub -subleases
shall not be assignable.
9. The Sublease and the MPA Sub -subleases are subject to the Agreement, as
amended. In the event that the Agreement is terminated, without cause by either
party pursuant to Paragraph 3 herein, the City shall provide a termination notice to
Sub -lessee, within three (3) business days from the date of receipt of the notice to
terminate, stating that the Sub -lease shall terminated on or before the termination
date of the Agreement. The Sub -lessee likewise shall provide to each Sub -
sublessee, within three (3) business days of receipt of the notice to terminate, a
termination notice stating that the Sub -sublease shall be terminated on or before
the termination date of the Agreement. This provision shall be included in the Sub-
lease and in each MPA Sub -sublease.
The Department reserves the right to provide a copy of the Agreement termination
notice to the Sub -lessee and to any Sub -sub -lessee at the same time that the
sixty (60) days' notice is delivered to the City.
10.In the event that the use for Parcel 629 as authorized under this Second
Addendum shall terminate, the parties agree that the Agreement, as amended,
shall become null and void as ,to Parcel 629, and therefore the Agreement and
subsequent Amendments and Addendums shall be terminated as to Parcel 629.
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SECOND ADDENDUM AND AMENDMENT
TO LEASE AGREEMENT
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
Item/Seg No: 2515601
Sect/.Job No.: 87270-2425
FAP No.: I-95-1(69)-2
SR No.: 1-95
County: Miami -Dade
Parcel No.: 629
IN WITNESS WHEREOF, the parties have executed this Second Addendum to the
Lease Agreement as of this day of 2013.
CITY OF MIAMI STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By By:
Johnny Martinez, P.E. Gus Pego, P.E.
City Manager District Secretary
Attest: Attest:
Dwight S. Danie, MSL Margaret Higgins
City Clerk Executive Secretary
Approved as to Legal Form and Correctness
By:
Julie O. Bru
City Attorney
Approval as to Insurance Requirements:
By:
Calvin Ellis, Director
Risk Management Department
LEGAL REVIEW:
Alicia Trujillo, Esq.
District Chief Counsel
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