HomeMy WebLinkAboutexhibitDEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
SOUTHERN REGION
ATLANTA, GEORGIA
SUPPLEMENTAL AGREEMENT NO. 1
LEASE NO. DTFA06-94-L-13026
FACILITY: VORTAC
LOCATION: VIRGINIA KEY, MIAMI, FL
THIS SUPPLEMENTAL AGREEMENT, entered into this day of
2005, between the CITY OF MIAMI, hereinafter referred to as "Lessor," and the United
States of America, acting by and through the Department of Transportation, Federal
Aviation Administration (FAA), Southern region, P.O. Box 20636, College Park,
Georgia 30337 (hereinafter referred to as "Government"), who collectively may be
referred to in this Lease as the parties ("Parties").
WHEREAS, it is the desire of the Parties to extend FAA Lease No. OTFA,06-94-
L-13026 dated June 3, 1994 (hereinafter Lease), whereby the Government leased 1.3774
acres or 60,000 sq. ft. covering the Very High Frequency Omni -directional Range and
Tactical Air Navigation (VORTAC) site on Virginia Key, Miami, Florida (the
"Property"); and
WHEREAS, Lessor has agreed to continue to lease the Property to Government
consistent with the terms and conditions set forth herein.
NOW, THEREFOR, in consideration of the mutual covenants herein expressed
and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Lessor and the Government agree as follows:
1. DEFINED TERMS. Terms defined in the Lease and delineated therein by
capital or initial capital letters shall have the same meaning ascribed thereto in they Lease,
except to the extent that the meaning of such term is specifically modified by the
provisions hereof. In addition, terms not defined in the Lease but defined herein, when
delineated with capital or initial capital letters, shall have the meaning hereto ascribed in
the Supplemental Agreement.
2. RENEWAL. Section 2 of the Lease is hereby deleted in its entirety and the
following substituted therefor:
At the mutual consent of the Parties, the Lease is hereby reinstated and extended for a
maximum of two (2) additional one-year terms, commencing October 1, 2004, upon the
terms and conditions herein specified. The Government's option shall be deemed
exercised and the Lease renewed each year, unless the Government gives the Lessor sixty
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(60) days prior written notice that it will not exercise its option before this Lease or any
renewal thereof expires; PROVIDED, that no renewal thereof shall extend the period of
occupancy, of the Premises beyond the 30th day of September 30, 2006; AND
PROVIDED FURTHER, that adequate appropriations are available from year to year for
the payment of rentals.
3. HOLD -OVER. In the absence of any written agreement to the contrary, if
Goverment should remain in occupancy of the Property after the expiration of the Lease
Term, it shall so remain as a tenant from month -to -month and the Rent shall be the same
Rent as the lass in effect at the end of the lease term. All provisions of this lease
applicable to such tenancy shall remain in full force and effect.
4. CONSIDERATION. Section 3 of the Lease is deleted in its entirety and the
following substituted therefor:
The Government shall pay the Lessor rental for the Premises in the amounts
shown in the following schedule. Payments shall be pro -rated and made in arrears at the
end of the month by wire transfer.
PERIOD FROM 10/1/04 TO 9/30/05 $1,486.03/month $17,832.36/year
PERIOD FROM 10/1/05 TO 9/30/06$1,530.61/month $18,367.33/year
5. NOTICE. The notice addresses for the Lessor provided in Section 15 of the
Lease are hereby amended as follows and shall remain until changed to such other places
as Lessor may respectively designate from time to time by notice to the Lessee:
To: City Manager
City of Miami
3500 Pan American Drive
Miami, Florida 33133
With a Copy to: City Attorney
City of Miami
444 SW 2nd Avenue, Suite 945
Miami, Florida 33130
With a Copy to: Director
Department of Economic Development
City of Miami
444 SW 2"d Avenue, 3rd Floor
Miami, Florida 33130
Attention: Assets Management Section
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6. EFFECT OF AMENDMENT. Except as expressly amended by the provisions
hereof, the terms and provisions contained in the Lease shall continue to,govern the rights
and obligations of the Parties and all provisions in the Lease shall remain in full force and
effect as stated therein, except io the extent specifically modified by the provisions of this
Supplemental Agreement, and as such are hereby ratified and reaffirmed. This
Supplemental Agreement and the Lease shall be construed as one instrument.
IN WITNESS WHEREOF, the Parties hereto have hereunto subscribed their
names as of the date first about written.
BY:
CITY OF MIAMI
Joe Arriola
City Manager
Attest:
BY:
Priscilla A. Thompson
City Clerk
Approved as to Form and Correctness (City of Miami):
BY:
Jorge L. Fernandez
City Attorney
Approved as to Insurance Requirements (City of Miami):
By:
Dania F. Carrillo
Director, Risk Management Dept.
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U.S. DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
BY: DATE: /_I
Ronnie Johnson
TITLE: Sr. Real Estate Contracting Officer
WITNESS: DATE: 1 I
WITNESS: DATE.•
/ /
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