HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-01388 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND ADDENDUM AND
AMENDMENT TO LEASE AGREEMENT ("SECOND AMENDMENT"), IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI
("CITY") AND THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"),
FOR THE PURPOSE OF ALLOWING THE CITY TO USE A PORTION OF THE
36,724 SQUARE FEET (+/-) FDOT-OWNED PROPERTY LOCATED UNDER
INTERSTATE-95 BETWEEN SOUTHWEST 6TH AND SOUTHWEST 7TH
STREETS AND SOUTHWEST 3RD AND SOUTHWEST 4TH AVENUES, MIAMI,
FLORIDA, FOR PRIVATE PARKING, WITH TERMS AND CONDITIONS AS MORE
SPECIFICALLY SET FORTH IN SAID SECOND AMENDMENT.
WHEREAS, on November 6, 1980, the City of Miami ("City") entered into a Memorandum of
Agreement ("Agreement") with the Florida Department of Transportation ("FDOT") for the City's use of
various FDOT-owned parcels ("Leased Area") to develop and construct a municipal park to be named
the Jose Marti Riverfront Park; and
WHEREAS, the Agreement provides for the use of the Leased Area for a 99 year term, for
public purpose use, for no consideration; and
WHEREAS, a portion of the Leased Area containing 36,724 square feet (+/-) lying between
Southwest 6th and 7th Streets and Southwest 3rd and 4th Avenues, Miami, Florida ("Parcel 629") was
not incorporated into the Jose Marti Riverfront Park development plan; and
WHEREAS, the Department of Off -Street Parking ("MPA") is an agency and instrumentality of
the City that manages and develops on- and off-street parking in the City; and
WHEREAS, on June 4, 1984, the City and MPA entered into a Sublease Agreement
("Sublease") for the development and construction of municipal parking at Parcel 629; and
WHEREAS, on July 22, 2003, the Agreement was amended by an Addendum to the
Agreement to clarify the improvements to be made on the Leased Area; and
WHEREAS, on July 8, 2007, the Agreement was further amended by an Amendment to
Memorandum of Agreement to delete from the definition of the Leased Area certain parcels, consisting
of 4,113 square feet, which were deeded by FDOT to the City and to update the Agreement's
insurance requirements; and
WHEREAS, in addition to the public use, the City has requested FDOT's approval to allow
MPA, as Sub -lessee, to Sub -sublease a portion of Parcel 629 for private parking use, as allocated by
the MPA; and
City of Miami Page 1 of 2 File Id: 12-01388 (Version: 1) Printed On: 12/4/2012
File Number: 12-01388
WHEREAS, the City and FDOT desire to enter in the Second Addendum and Amendment to
Lease Agreement ("Second Amendment") to allow MPA to Sub -sublease a portion of Parcel 629 in
return for MPA remitting monthly rent to FDOT; and
WHEREAS, the City asserts there are currently no other Subleases in effect with any party with
respect to Parcel 629;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as fully set forth in this Section.
Section 2. The City Manager is authorized{1} to execute a Second Amendment, in
substantially the attached form, between the City and the FDOT, for the purpose of allowing the City to
use a portion of the 36,724 square feet (+/-) FDOT-owned property located under 1-95 Parcel 629 for
private parking, with terms and conditions as more specifically set forth in said Second Amendment.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNES��
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City
Charter and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 12-01388 (Version: 1) Printed On: 12/4/2012