HomeMy WebLinkAboutSummary FormAGENDA ITEM SUMMARY FORM
FILE ID: 4- NM
Date: 11/13/2012 Requesting Department: Public'Facilities
Commission Meeting Date: 01/10/2013 ' District Impacted: 3 and 5
Type: ® Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion Item
❑ Other
Law Department
Matter ID No.
12-2724
Subject: Second Amendment between the City of Miami ("City") and the Florida Department of.
Transportation ("FDOT") allowing for the purpose of allowing the private use of a portion of FDOT-owned
property located at 1-95 between SW 6th and SW 7th Streets and SW 3rd and SW 4th Avenues, Miami, Florida
Purpose of Item:
A Resolution of the City of Miami 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 lyliami ("City") and the Florida Department of Transportation ("FDOT"),
for the purpose of allowing the City.aruse of a portion of the 36,724 square feet (+/-) FDOT-owned property
located under Interstate-95 ("I-95") between SW 6th and SW 7t' Streets and SW 3rd and SW 4th Avenues,
Miami, Florida ("Parcel 629" or "Property") for private parking, with terms and conditions as more specifically
set forth in said Second Amendment.
Background Information:
See Attached.
Budget Impact Analysis
NO Is this item related to revenue?
NO Is this item an expenditure? If so, please identify funding source below.
General Account No:
Special Revenue Account No:
CIP Project No:
NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds?
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal Impact: $0.00
CIP
.N/A
Final Approvals
(SIGN AND DATE)
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Subject: Second Amendment between the City of Miami ("City") and the Florida Department of
Transportation ("FDOT") allowing for the purpose of allowing the private use of a portion of FDOT-owned
property located at 1-95 between SW 6th and SW 7th Streets and SW 3rd and SW 4t" Avenues, Miami, Florida
Background Information:
On November 6, 1980, the City of Miami ("City") entered into a Memorandum of Agreement ("Agreement")
with the Florida Department of Transportation ("FDOT" or "Department") 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. The Agreement provided for the use of the Leased Area for a period of 99 years, for public
purpose use for no consideration.
On July 22, 2003, the Agreement was amended by an Addendum to the Agreement ("Addendum") to clarify
the improvements to be made on the Leased Area. On July 8, 2007, the Agreement was further amended by
an Amendment to Memorandum of Agreement ("Amendment") to delete from the definition of the Leased
Area certain parcels, totaling 4,113 square feet, which were deeded by FDOT to the City and to update the
Agreement's insurance requirements.
A portion of the Leased Area containing 36,724 square feet (+/-) which lies between SW 6th and 7th Streets
and SW 3rd and 4th Avenues, Miami, Florida ("Parcel 629" or "Property") was not incorporated into the Jose
Marti Riverfront Park development plan. On June 4, 1984, the City and MPA entered into a Sublease
Agreement ("Sublease") for the development and construction of municipal parking ("MPA Lot # 28") at the
Property.
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 the Property for private parking use, as allocated by the MPA. The City and FDOT would
like to enter in the Second Addendum and Amendment to Lease Agreement ("Second Amendment") to allow
MPA to Sub -sublease a portion of the Property. Under the negotiated terms of the Second Addendum, the
MPA will remit One Thousand Three Hundred Dollars ($1,300.00) per month to FDOT directly and the City
asserts there are currently no other Subleases in effect with any party with respect to Parcel 629. The MPA
will continue to be responsible for maintenance while FDOT will retain responsibility for any replacement
needs of the highway not caused by the negligence of the City.
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