HomeMy WebLinkAboutExhibit 123 CFR. Fart 71C
STATE OF FLORVA DEPARTMENT OF TRANSPORTATION
AIRSPACE •AGREEMENT
THIS AGREEMENT,.made this day of
ITEM/SEGMENT NO.: 2515431
. S7iC80-32
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' MANAGING DISTRICT: 87270-2491
F.A.P. NO.: 1-95-1(419) 5
STATE ROAD NO.: 9A(I-95)
COUNTY.: Miami -Dade
PARCEL NO.: 3831 S. 4236
CITY OF.MIAMI at 444 S.W. 2nd Avenue, Miami, Florida 33130 . .
(Lessee) and the STATE OF FLORIDA: DEPARTMENT OF TRANSPORTATION (Department), an agency
of the State of Florida (State).
WITNESSETH:
, between
WHEREAS, the Department may convey a leasehold: in the name of the State, in any land, buildings, or other property, real or
personal, acquired under Section 337:25, Florida Statutes; and
WHEREAS, the United States Department of Transportation, Federal .Highway Administration (FHWA), requires any use of
airspace above, and/or below the highway's established predefine, lying within the approved right of way limits on a Federal Aid
System, to be accomplished pursuant to an airspace agreement in accordance with 23 CFR, Part 710, and
WHEREAS, the Department has acquired sufficient legal right, title, and interest in the right of way of Interstate
Highway 95 which includes the property described in Exhibit "A" attachedhereto and made a part hereof, which right
of way is par, of a highway on a Federal Ald System; and
WHEREAS, the Department desires to lease .to Lessee the airspace above or below gradeline of the property described in
Exhibit "A", attached and made a part hereof for the following purpose: Parking and equipment storage for
Public Works Department.
WHEREAS, the proposed use will not impair the full use and safety of the highway, require or permit vehicular access to such
space directly from the established gradeline of said highway, or interfere with the free flow of traffic on said highway.
NOW, THEREFORE, in consideration of the premises made a part hereof, and the covenants, promises, understandings, and
agreements made by each party to the other as set forth herein, the Department and the Lessee do hereby mutually agree as follows:
t..Premises
The premises hereto are true and correct and form an integral part of this Agreement.
2. Term
The Depa tment does hereby lease unto Lessee the airspace above or below gradeline ofthe property for a period of
three (3) years beginning with the date of this Agreement. One renewal of this Agreement
may be made for one (1) year . However, except for a public
purpose conveyance, such renewal may not exceed five years. Nothing herein shall be construed to in any way grant an
interest in the property lying below said airspace.
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3. Rent
a. Lessee shall pay to the Department as rent each ❑ month quarter Q year on or before the first day of
each.rent payment period, S0.00 plus applicable sales tax.. When this Agreement is terminated, any unearned
portion of any rent and sales tax payment shall be refunded to Lessee. However, no such refund shali be made where termination is
due to Lessee's violation of a term or condition of this Agreement.
b. The Department reserves the right to review and adjust the rental fee biannually and at renewal to reflect rnarket conditions.
c: All rertalpayments are to be made by check or money order, payable to the State of Florida Department of Transportation
and delivered on orbefore the due date to: N/A
d. Lessee shall be responsible for all state, county, city, and local taxes that may be assessed, including real property taxes and
special assessments, In the event that no rent is specified herein, then it has been'determined that either the use by Lessee is a
nonproprietary use by a governmental agency or an exception from the current fair market rental value requirement (23 U.S.G. Section
156) has been obtained for social, environmental, or economic mitigation (SEE) purposes. In the event that it should be determined at
any time that the use is not a nonproprietary use by a governmental agency or that the SEE exception does not apply or has been
revoked, Lessee agrees to pay, at that time, rent as determined to be the fair market rental value by an independent appraiser certified
by the Department, and Lessee further agrees to pay such rent, under the remaining terms and conditions of this Paragraph 3, for the
remaining term (including renewals) of this Agreement.
e. Any installment of rent not received within ten (10) days after the due date shall bear interest at the highest rate allowed by law
from the due date thereof, per Section 55.03(1),.Florida Statutes, This provision shall not obligate the Department to accept fate rent
payments or provide Lessee a grace period.
4. laee_De_cepenny_and Maintenance
a. The Lessee shall be responsible for developing and operating the airspace as set forth herein.
b. The Lessee's proposed use of the airspace is as follows: Parking and storage for Public Works Department
c. The general design for the use of the airspace, including any facilities to be constructed, and the maps, plans, and sketches
setting out the pertinent features of the use of the airspace in relation to the highway facility are set forth in composite Exhibit "S"
attached hereto and by this reference made a part hereof. In addition, said composite Exhibit "B" also contains a three-dimensional
description of the space to be used, unless the use Is of a surface area beneath an elevated highway structure or adjacent to a
highway roadway for recreation, public park, beautification, parking of motor vehicles: public mass transit facilities, or other similar
uses. in which case, a metes and bounds description of the surface area, together with appropriate puns or cross sections clearly
defining the vertical use limits, may be substituted for said three-dimensional description in said composite Exhibit "B".
d. Any change in the authorized use of the airspace or revision in the design or construction of the facility described in Exhibit "B"
shall require prior written approval from the appropriate District Secretary of the Department, subject to concurrence by the FHWA.
e. The Department, through its duly authorized representatives, employees, and contractors, and any authorized FHWA
representative, may enter the facility at any time for the purpose of inspection, maintenance, or reconstruction of the highway and
adjacent facilities, when necessary; or for the purpose of surveying, drilling, monitoring well installations, sampling, remediation, and
any other action which is reasonable and necessary to conduct an environmental assessment onto abate an environmental hazard.
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f. Lessee, at Lessee% sole cost and expense, shall maintain the facility to occupy the airspace so as to assure that the structures
and the area within the highway right of way boundaries will be kept in good condition, both as to safety and appearance. Such
maintenance will be accomplished in a manner so as to cause no unreasonable interference with the highway use. In the event that
Lessee fails to so maintain the facility, the Department, through its duly authorized representatives, employees, and contractors, may
enter the facility to perform such work, and the cost thereof shall be chargeable to the Lessee and shall be immediately due and
payable to the Department upon the performance of such work.
g. Portable or temporary advertising signs are prohibited.
h. The design, occupancy, and use of the airspace shall not adversely affect the use, safety, appearance, or enjoyment of the
highway by smoke, fumes, vapors, odors,, droppings, or any other objectionable discharges or emissions, or nuisances of any kind
therefrom.
i. When. for the proposed use of the airspace, the highway requires additional highway facilities for the proper operation
and maintenance of the highway, such facilities shall be provided by the Lessee without cost to either the Department or the
FHWA and subject to both Department and FI-IWA approval.
j. The proposed use: shall not cause orallow any changes in the existing drainage on the property under the airspace.
k. Lessee shall not occupy, use, pertnft, or suffer the airspace, the property, the facility, or any part thereof to be occupied or used
for any illegal business use or purpose, for the manufacture or storage of flammable, explosive, or hazardous material, or any other
hazardous activity, or in such manner as to constitute a nuisance of any kind, nor for any purpose or in any way in violation of any
present or future federal, state, or local laws, orders, directions, ordinances, or regulations.
1, Any activties in any way involving hazardous materials or substances of any kind whatsoever, either as those terms may be
defined under any state or federal laws or regulations, or as those terms are understood in common usage, are specifically prohibited,
The use of petroleurn products, pollutants, and other hazardous materials affecting the property is prohibited. Lessee shall be held
responsible for the performance of and payment for any :environmental remediation that may be necessary, as determined by the
Department Similarly, if any contamination either spread to or was released onto adjoining property as a result of Lessee's use of the
airspace under lease, the Lessee shall be held similarly responsible. The Lessee shall indemnify, defend, and hold harmless the
Department Mom any claim, loss. damage, cost, charge, or expense arising out of any such contamination.
m. 'Existing utilities and all corresponding easements shall remain in place and Lessee shall not disturb or interfere with the same.
5. Indemnification. To the extent provided by law, Lessee shall indemnify, defend, and hold harmless the Department and all of its
officers, agerts, and employees from any claim, loss, damage, cost, charge, or expense arising out ofany act. error, omission, or
negligent act ey Lessee, its officers, agents, or employees, during the performance of the Agreement, except that neither Lessee, its
agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any
act, error, .omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the
Agreement.
When the Department receives a notice of claim for damages that may have been caused by Lessee in the performance of
services required under this. Agreement, the Department will immediately forward the claim to Lessee. Lessee and the Department
will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options In
defending the claim. After reviewing the claim, the Department will determine whether to require the participation of Lessee in the.
defense of the claim or to require that Lessee defend the Department in such claim as described In this section. The Department's
failure to promptly notify Lessee of a claim shall not act as a waiver of any right herein to require the participation In or defense of the
claim by Lessee. The Department and Lessee will each pay its own expenses for the evaluation, settlement negotiations, and trial, if
any.
Note: No !anger required for local governments.
6. Insurance. Lessee at its expense, shall maintain at all times during the term of this Agreement, public liability Insurance
protecting the Department and Lessee 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 land arising out of the act, negligence, omission, nonfeasance, or malfeasance. of Lessee, its
employees, agents, contractors, customers, licensees, and invitees. Such insurance shall be carried in a minimum amount of not
less than ($ 0.00 ) for bodily injury or death to any one person or any number
of persons in any one occurrence and not less than ($ 0.00 }
for property damage, or a combined coverage of not less than (S 0,00 ).
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. Lessee shall provide the Department certificates showing such insurance to be in
place and showing the Department as additional insured under the policies. If self -insured or under a risk management program,
Lessee represents that such minimum coverage for liability will be provided for the property.
7. Terminatior
a. This Agreement may be terminated by either party without cause upon thirty (30 ) days prior written notice to the
other party.
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b. It is understood and agreed to by the Lessee that the Department reserves the right to terminate this Agreement immediately
without prior notice, in the event the Lessee violates any of the conditions of this Agreement and such violation is not corrected within a
reasonable time after written notice of noncompliance has be -en given. In the event the Agreement is terminated and the Department
deems it necessary to request the removal of the facility on the property, the removal shall be accomplished by the Lessee in a manner
prescribed by the Department at no cost to the Department or the FHWA.
c. The Lessee must notify the Department of its intention to renew this Agreement not later than thirty (30) days prior to the
expiration of the original teen_ Lessee's failure to comply with the foregoing notice provision may result in the Department's refusal to
renew the Agreement.
d. Upon termination of this Agreement, Lessee shall deliver the property to the Department, or its agents, In the condition existing at
the commencement of this Agreement, normal wear and tear excepted, unless a facility, any improvement, or any part thereof has
been constructed on the property.
e., If removal of the facility, improvements, or any part thereof is requested by the Department, any such structures shall be removed
by the Lessee at Lessee's expense by midnight of the day of termination of this Agreement and the property restored as nearly as
practicable.
f. This A ereement is terminable by the Department In the event that the facility ceases to be used for Its intended purpose or
is abandoned.
8. Eminent . tain
Lessee acknowledges and agrees that its relationship with the Department under this Agreement is one of landlord and tenant and
no other relationship either expressed or implied shall be deemed to apply to the parties under this Agreement. Termination of this
Agreement for any cause shall not be deemed a taking under any eminent domain or other law so as to entitle Lessee to
compensation for any interest suffered or lost as a result of termination of this Agreement, Including any residual interest in the
Agreement cr any other facts or circumstances arising out of or in connection with this Agreement.
Lessee hereby waives and relinquishes any legal rights and monetary claims which it.might have for full compensation, or damages
of any sort, including special damages, severance damages, removal costs, or loss of business profits, resulting from Lessee's loss of
occupancy of the property specified in this Agreement, or any such rights, claims, or damages flowing from adjacent properties owned
or leased by Lessee as, a result of Lessee's loss of occupancyof the property specified in this Agreement Lessee also hereby waives
and relinquishes any legal rights and monetary claims which it might have for full compensation, or damages of any sort as set out
above, as a result of Lessee's loss of occupancy of the property, when any or all adjacent properties owned or leased by Les sce are
taken by eminent domain proceedings or sold under the threat thereof. This waiver and relinquishment applies whether this
Agreement is still in existence on the date of taking or sale or has been terminated prior thereto.
g. Miscellaneous
a. The airspace and Lessee's rights under this Agreement shall not be transferred, assigned, or conveyed to another party without
the prior written consent of the Department, subject to concurrence by the FHWA.
b. In conformance with the Civil Rights Act of 1964 (Title VI, Appendix "C") and 49 CFR Part 21, Lessee agrees as follows:
1. That as a part of the consideration hereof, Lessee does hereby covenant and agree as a covenant running with the land
that (1) no person, on the ground of race, color, sex, or national origin shall be excluded from participation in, be denied the
benefits cf, or be otherwise subjected to discrimination in the use of said property and facility; (2) that in connection with the
construction of any improverents on said property and facility and the furnishing of services thereon, no discrimination shall
be practiced in the selection of employees and contractors, by contractors; and (3) that the Lessee shall use the property
and facility in compliance with all other requirements imposed pursuant to 15 CFR Part 8, Subpart A.
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2. That in the event of breach of any of the above covenants, the Department shall have the right to terminate this Agreement and
to re-enter and repossess said propertyand the facility thereon, and hold the same as if this Agreement had never been made or
issued.
c. Durine the term of this Agreement Lessee shall, at Lessee's own cost and expense, promptly observe and comply with all
present or.future laws, requirements, orders, directions, ordinances, and regulations of the United States of America, the State of
Florida, county or local governments, or other lawful authority whatsoever, affecting the land, property, and facility or appurtenances or
any part thereof, and of all insurance policies covering the property, land, and facility, or any part thereof.
d. in.adthtion to or in lieu of the tenets and conditions contained herein, the provisions of any Addendum of even date herewith
which is Identified tobe a part hereof Is hereby incorporated herein and made a part hereof by this reference. In the event of any
conflict between the terms and conditions hereof and the provisions of the Addendum(s), the provisions of the Addendum(s) shall
control, unless the provisions thereof are prohibited by law.
e. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and
supersedes all prior agreements, understandings, or negotiations with respect thereto. Any provision hereof found to be unlawful or
unenforceable shall be severable and shall not affect the validity of the remaining portions hereof.
f. Lessee acknowledges that it has reviewed this Agreement, is familiar with its terms, and has had adequate opportunity to review
this Agreement with legal counsel of Lessee's choosing. Lessee has entered into this Agreement freely and voluntarily. This
Agreement contains the complete understanding of the parties with respect to the subject matter hereof. Ali prior understandings and
agreements, oral or written, heretofore made between the parties and[or between Lessee and any previous owner of the property and
landlord of Lessee are merged in this Agreement, which alone, fully and completely express the agreement between Lessee and the
Department with respect to the subject matter hereof. No modification. waiver, or amendment of this Agreement or any of its
conditions or provisions shall be binding upon the Department or Lessee unless in writing and signed by both parties.
g. Lessee shall be solely responsible for all bills for electricity, lighting, power, gas, water, telephone, and telegraph
services, or any other utility or service used an the property.
h. This Agreement shall be governed by the laws of the State of Florida, and any applicable laws of the United States of
America.
i. All notices to the Department shall be sent to the address for rent payments and all notices to Lessee shall be sent to the
property address provided herein or otherwise provided in writing to the Department.
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_ .
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above
written.
By:
.Name:
CeTYOF MIAMI
LESSEE (Company Name, if applicable)
Title: City Manager
Attest (Seal)
Name:
Title: City Clerk
Approved as to Legal Form and Correctness
By:
Julie 0. Bru
City Attorney.
Approval as to Insurance Requirements:
By:
Calvin Ellis, Director
Risk Management Department
By:
Name:
Attest
NarnefTille:
Name:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
District Secretary
Gus Pogo, P.E.
Legal Review:
District Counsel
Alicia Trujillo, Esq,
CITY OF MIAMI, a Florida Municipal Corporation
By:
Johnny Martinez, City Manager
Date:
Attest:
By:
Dwight S. Danie, City Clerk
Date:
Approved as to Form and Correctness:
By:
Julie O. Bru, City. Attorney
Date:
Approved as to Insurance Requirements:
By:
Calvin Ellis, Risk Management
Date:
Authorized by Miami City Commission Resolution No. adopted . (Copy
Attached)
--ADDENDUM
This Is an Addendum to that certain Airspace Agreement between See attached addendum
s?s-0ea-32
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Par 7 of
and the State of Florida Department of Transportation dated the day of
In addition to the provisions contained in said Agreement, the fotlow1ng terms and conditions shall be deemed to be a part thereof
pursuant to Paragraph 9 (d) of said Agreement:
. tsy:
Name:
Title:
Attest_
Name;
Titre:
Do not sign. See attached addendum.
LESSEE (Company Name, if applicable)
(Seal)
By;
Name:
Attest:
Name/Title:
Name:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
District Secretary
Legal Review:
District Counsel
EXHIBIT A
SPECIFIC PURPOSE SURVEY FOR
RIGHT OF WAY LEASE -AGREEMENT
v
-
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10
5114 ST
2
NW 73RDST
NW 72ND ST
NW
PARCEL"
RWMS 383I
15T
NW74THST
Wl RDST
NW MO TE
v
S
S
r
a
ST
(VICINITY MAP)
. N. T.S.
GENERAL NOTES* -
- REPRODUCTIONS OF THIS MAP ARE NOT VALID WITHOUT THE SIGNATURE
AND -ORIGINAL RAISED SEAL OF -THE FLORIDA LICENSED SURVEYOR AND
MAPPER IN RESPONSIBLE CHARGE.
- LANDS SHOWN HEREON WERE NOT ABSTRACTED BY THIS OFFICE FOR. •
• RIGHTS -OF -WAY, EASEMENTS OF RECORD,• OWNERSHIP ABANDONPIENTS.
DEED RESTRICTIONS, OR MURPHY ACT DEEDS. •THIS INFORMATION SHOULD
BE OBTAINED. THROUGH APPROPRIATE VERIFICATION.
- THE -BEARINGS SHOWN HEREON ARE REFERENCED TO THE SOUTH LINE OF
SECTION 12, TOWNSHIP 53 SOUTH, RANGE 41 EAST, HAVING A BEARING
OF S 88°58'59 " E. AND THE DATA USED IN THE CALCULATION AND
PREPARATION OF THE LEGAL DESCRIPTION ARE ACCORDING,TO FLORIDA
DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAPS FOR STATE ROAD
9A t I.95) SECTION 87270-2491, SHEET .7 OF 16.,. LAST REVISED 8 /02 /91.
- ADDITIONS AND/OR DELETIONS TO SURVEY MAPS, SKETCHES OR REPORTS
BY ANY.PARTY OTHER THAN THE SIGNING PARTY ARE PROHIBITED WITHOUT
THE WRITTEN CONSENT OF THE SIGNING PARTY.
FLORIDA DEPARTMENT OF TRANSPORTATION--
- SPECIFIC PURPOSE SURVEY - NOT A FIELD SURVEY
STATE ROAD NO. 9A 1 I.95.)• PARCEL N0. 3831 MIAMI -DADE COUNTY
$Y
GATE
DRAvi
PREPARED BY!
FOOT D)STRICT Yl
OATA SOURCEI
D.DEHIS
8/18/08
REVISION BY DATE r.HECKED BUSSE{,L
IRWMAP\RWPS01.dgn 8/27/2008 9:58.12 AM
8,19 /08
F.P. -ID. 4149641. SECTION 87270-2491
SHEET 1 OF 3
14
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EXHIBIT"A"
SKETCH TO ACCOMPANY
LEGALDESCRIPTION
ANNA FLORENCE SUBDIVISION
• . P.8. 18. PG. ' 48
40
I09' 7'(U., 0,
NW Sth PL. tP TEa1R/W L NE I
• NW .St ER: ACE (PLATT , 1
N onp 34'S3• E 297.48'
- k t5F:1 WE Si i YAT R•/t9 r29 . .
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P-95 F.e..•NIa°r•4�a- E
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.1 I FFAR.CELJ
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. RWI1S 3811 • '' ;7____
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i :I i N OO `CI-5.36 "1£1 .. • N
3 SURVEY INOR_T_H_ OU_ND
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POINT QE05ICE►EHI
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NW Sth CT. (PASTED/ N 006,6.03• Et'
NN '5` th • AVE. (PLATTED I
DUEY'S SUBDIVISION
OM
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P..B. I 1 , PG. 34
PARCEL
C/EASR.WEAIN 55 RIMS 3831 ' Z.CU�t8gsB 2'U - x
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DETAIL (NOT. TO.SCALE)
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01. °09' 28L_^�,,.
•8S1'diS 10d
LEGEND'
' 4 • Baseline.
t • Centeritne.
C.B.- Chord bearing.
R/W - Right cf Way.
L/A Limited Access.
POT
- Calculated.
0 • 50 .100 • .
200
300
Scale: 1 • .100'
OWNER'S NAME'
PARCEL NO.
800 •FLORIDA DEPARTMENT OF 'TRANSPORTATION
PARCEL AREA
1.477 ACRE
REMAINDER
UNDETERMINED
• COMMENTS
. FLORIDA DEPARTMENT,OF TRANSPORTATION
SPE.0 I F IC PURPOSE SURVEY — NOT A FIELD SURVEY
STATE ROAD NO. 9A t1.95) -PARCEL NO. 383.1
LIIAMI-DADE COUNTY
BY
GATE
PREPARED BT,
FDOT DISTRICT Yl
DATA SOURCE.
ORA* O.00NIS
.HEGKEa 8115SEL
•8/18i08
REVISION 8r DATE t I. B/I9108 F.P. ID. 4I49641 • SECTION 87270-2491
IRWMAPIRWF'SC2.dgn 8/27I2008 10:05:43 AM
SHEET 2 OF 3
EXHIBIT
LEGAL DESCRIPTION
Being o portion of Lots 1, 3, 4, 5, and 6, Block 2. according to the Plot of
DUEY'S SUBDIVISION, as recorded an Plot Book 41, Page 34, AND all of Lots I through'
7, inclusive, Block 1, according to the Plot of ANNA FLORENCE SUBDIVISION. os
recorded In Prot. Book le, Poge 48, AND O portion of the right-of-way. of NW 5th Place,
os posted (NW 5th Terrace, os plotted) lying in the southwest one -quarter (SW 1/4)
of Section .12. Township 53 South, Range 41 . EEost, . 011 being in and referenced' to the
public records of Mlom -Dole County, Florldo, and being more particulorly described
as fol I owst
Commence of the point of intersection Of the centerline of NW T1st St., as
posted (Dupont Rood, as plotted) and the centerline of NW 5th Court, as posted
(NW 5th Ave., os lotted) accordin0 to the aforesaid Plot of DUEY'S SUBDIVISION,
sold point being S •88°58'59" E o .distance of 1164.48 feet from the southwest corner
of told Section 1-2* thence N.Q0°36'03" E.,•olong the sold centerline of NW 5th Court,
as posted (NW 5th Ave., os plotted). -o distance of 35.00 feet_ to the intersection
with the easterly orolongotlon of the north right-of-way line of sold NW Test St.,
os•_ osted (Dupont Road, os plotted).* thence N 8°58'59" W, along lastly sod -line,
o distance of 135.79 feet to the POINT OF BEGINNING
of the following described parcel s
.Thence continue N 88°58•'59" W;uolong sold north`ri.ghf-of-way 1Ine
of NW 71 st St., as posted :I Dupont Road, os. platted) and the westerly
prolongation thereof. o distance of 156.32 feet to the -beginning ofa curve
concave to the northeast having a radius of 25.00 feet* thence northwesterly,
'northerly and northeosterly along the arc of sold curve o distance of 39.08
feet, through o centrol angle of 89°34.18" to o line 35.00'feet eost of,
as measured of right tingles, andporoliel with the west right-of-way•Iine
of NW 5th Place. os posted (NW 5th Terrace. Os .platted*; thence N 00°34'53' E,
olong lastlysoldline; o distance of 297.48 feet .to the beginning of o
curve concave to the southwest hoeing o radius of 25.00 feet* thence •
northeasterly, easterly, and southeosteriy.olong the orc.of said curve o •
distance of 39.31 feet,•through 0 central onee of 90.05'41N-to the.westerly,
prolongation of the south.rlght-of-woy tine of NW 72st St., as posted
(NW 71st Court, as plotted); .thence S 89°19'26" E. along lastly soldiine, •
o distance of 165.1.7 feet to -the intersection with c non -tangent curve,
concave to the northwest hoeing 0 radius of 1.4,436.14 feet, the chord of
which bears S•01°09'02 " ws thence•southwesterly along the orc of sold curve
a distance of 48.72 feet through o central. angle of 00011•36" to the
intersection with the north line of Lot 5, Block 2. according to the
oforedescribed Plot of'OUEY'S SUBDIViSION, thence N 88°12'13".w, along
soid north line, o distance of 2.00 feet to the•.lntersection with a •
non-tongent curve, concave to the northwest having o radius of 14.436..14
feet, the chord.of which beers S 01*50*32* WI thence southwesterly aionQ
the orc of sold curve o distance of 299.80 feet through a central angle of
0I°11'24" to the POINT OF BEGINNING.
Conto i ni ng 1. 77 acres, moreor less.
4 4V"' ,
his Instrument prepared byt
ichord W. Russell, P.S.M.
Assistant District Right -of -Way Surveyor
Florida Certificate No. 3858
• FLORIDA DEPARTMENT OF TRANSPORTATION
SPECIFIC PURPOSE SURVEY - NOT A FIELD SURVEY
STATE ROAD NO. 9A I I.95) PARCEL NO.. 383,1 MiAMi -DADE COUNTY
ey
DATE
PREPARED BY.
FOOT DISTRICT VI
DATA SOURCE. • •
I1RAVI
D.0 NIS
ensroe
F.P. ID. 4149641 SECTI.ON 87270.2491
SHEET 3 OF 3
REVISION
.r,. e.0 R nt nt.)nL,nO
8Y
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DATE
OM1Mh/10
GHECRED
en•nfl•t:e
eussELt,
Ann
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EXHIBIT "B"
LEGAL DESCRIPTION
L DZ P YO
PAIL
Tot portion of the West VI of .the Soddhecef•,1/4 of the Southwest 1/4 of the Southwos11/4 of Section tP
• Tim.. SJ Soul Rory 41 Cost,..'
:. � � : . �l�r � aod�. cac�►cy, Fiore, � a porf� of Lat� 1, � of $�� � �� �rey7s � � :.
Subd n, b�hlp o Subdivision In the Southwest 1/4 of sold Sebtlon 1& 0000rding to ills Plot thereof reoorded fi
Plod 'look 11, Pugs J4, of the Public Retards of;Nal-Pode County, �"artda, described os fo s a; •
begfnnkg of o paint on the North Rlght-ofI y Ike of M,W, 72nd Street+ sold olni IA 27,85 feet Eoet of the
southwest ow of Lot 1 of pock 3'In Duels Subdivision, being o Subdivision In the. Southwe
st 1/4 of ;old Section
1Z os recorlo 117 Plot Book 11, page 34 of the Public Records of MiQml-Dude i aunty, Florida; thence North
8920'24u West, 210,68 feet tiQug sold North Right --of : 'oy thence North 00'33V East 150 43 feet along the
Net Wined Accuse Right;of--Way line of 1-05 per faC,T, Right -at*! y Yap,Sectlan 87270-241, W,PJ, No,
6141775, with u rem dale of 08/02/1991, to the Soufh RJJhi-of IYay lhre af.the oast Coast Rao ,.
thence Soutli 8920'08"- S`ast, 210,17 feet -along mid South Right -of -Ploy line; thence South 0022 r I{ t 50,41 .
feet along sold lfmhed Acmes Right -of -Way the to the point of 84114 •
Containing 31,652 square feet, more or less.
Florida Department of Transportation, District VI
Item/Seg No.: • 2615431
Sec!Job No: 87270-2491
FAP No: 1-95.1(419)5
SR No: 1-95
County: Miami Dade
Parcel No: 4236 Sheet 1 of 2
PM/)11 tiny CON
EXHIBIT "B"
SKETCH OF LEGAL DESCRIPTION
`- iH LP E or pa: E 1/4 or r .sw. 1/4 71.6 $ E rrle SEC 1.2-53-}ft
•
���-"'"Is.0 .wit -re _ �.2 .Q_-_1: 2:S_" a
'�-: ��raRare.rrn ruuu.lr; riR u:tararffr3rahFETeuliuku if 111111
in Li
ono .sr
APT. La
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(337.Rb7 ,
11 ik;;;I •id ice, kiln "1141 -P.o,R k i , ,, �„Mc
t?(o mJ 6T C. • - .. API JYyytl' pri.v2! t PJ ether ]� b r 1,: k 33F'
•
ali
tEr i.k. UCCLE 1 Y . il; CV' a -1
r
AT -WRIER , RRE COWER Ett?Q(F } "IA PN NAIL adtk q'
.'2¢ 155.114. late t
r� t .Rr
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Er Sit t • P6 t pa:
ATOMRi
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�rcnrsn tl i n . R"1ff3514'
r...mit've, •
•
iT Miali
. 1:877010'r ' 4 176.67
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Florida Department of Transportation, District VI
item!Seg No.: 2515431
Sec/Job No: 87270-2491
FAP No: . 1-95.1(419)5
SR No: 1-95 '
County: Miami .Dade
Parcel No: ' 4236 . Sheet 2 of 2
PMIf11c (At17 cc)
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ADDENDUM
1'O AIRSPACE AGREEMENT
Item/Seg No:
Sect/.Job No.
FAP No.:
SR No.:
County:
Parcel No.:
2515431
: 87270-2491
I-95-1(419) 5
9A (1-95)
Miami -Dade
3831 & 4236
This is an Addendum to that. certain Airspace Agreement between CITY OF MIAMI
444 S.W. 2nd Avenue, Miami, Florida 33130.
and the State of Florida Department of Transportation dated the day of
, 2013 . In addition to the provisions contained in said
Agreement, the following terms and conditions shall be deemed to be a part thereof
pursuant to Paragraph 9 (d) of said Agreement.
1. Lessor does hereby lease unto Lessee the properties described in Exhibit A and
Exhibit B attached and made part hereof.
2. Lessee agrees to maintain and improve as necessary the fence and landscaped areas
owned by the Lessor and contiguous to the premises hereby leased and will be
responsible for the maintenance, operation and upkeep of any improvements and
personal property.
3. Subject to submittal to and approved by Lessor of site plans, project plans, surveys,
etc. for any proposed improvement to the leased premises.
4. Lessor reserves the right to enter the facility for any purpose at any time without
notice.
5. Paragraph 5 of the Agreement, titled "Indemnification," shall be amended as follows:
To the extent provided by law, Lessee shall indemnify, defend, and hold harmless the
Department and all of its officers and employees from any claim, loss, damage, cost,
charge, or expense arising out of any act, error, omission, or negligent act, by Lessee,
its officers or employees, during the performance of the Agreement, except that
neither Lessee, or its employees will be liable under this paragraph for any claim, loss,
damage, cost, charge, or expense arising out of any act, error, omission, or negligent
act by the Department or any of its officers or employees during the performance of
the Agreement.
Page 1 of 3
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ADDENDUM
—TO AIRSPACE -AGREEMENT
Item/Seg No:
Sect/.Job No.:
FAP No.:
SR No.:
County:
Parcel No.:
2515431
87270-2491
1-95-1(419) 5
9A (1-95)
Miami -Dade
3831 & 4236
When the Department receives a notice of claim for damages that may have been
caused by Lessee in the performance of services required under this Agreement, the
Department will immediately forward the claim to Lessee. Lessee and the Department
will evaluate the claim and report their findings to each other within thirty (30) working
days and will jointly discuss options in defending the claim. After reviewing the claim,
the Department will determine whether to require the participation of Lessee in the
defense of the claim or to require that Lessee defend the Department in such claim as
described in this section. The Department's failure to promptly notify Lessee of a claim
shall not act as a waiver of any right herein to require the participation in or defense of
the claim by Lessee. The Department and Lessee will each pay its own expenses for
the evaluation, settlement negotiations, and trial, if any.
Note: No longer required for local governments.
6. Paragraph 6 of the Agreement,. titled "Insurance," shall be amended to include the
following language:
The Lessee maintains a self insured program in accordance and subject to the
limitations of Section 768.28 of the Florida Statutes. Lessor accepts Lessee's
Insurance coverage and agrees it satisfies the requirements of Paragraph 6 of the
said Airspace Agreement.
This space intentionally left blank.
Page 2 of 3
STATE OF FLOR IDA DEPARTMENT OF TRANSPORTATION
ADDENDUM
TO AIRSPACE AGREEMENT
Item/Seg No:
Sect/.Job No.:
FAP No.:
SR No.:
County:
Parcel No.:
2515431
87270-2491
1-95-1(419) 5
9A (I-95)
Miami -Dade
3831 & 4236
IN WITNESS WHEREOF, the .parties have executed this Addendum to Airspace
Agreement as of this day of 2013.
On behalf of Lessee
CITY OF MIAMI
On behalf of Lessor
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By: By:
Johnny Martinez, P.E.
City Manager
Gus Pego, P.E.
District Secretary
Attest: Attest:
Dwight S. Danie, MSL Margaret Higgins
City Clerk Executive Secretary
Approved as to Legal Form and Correctness
LEGAL REVIEW:
By:
Julie O. Bru By:
City Attorney District Chief Counsel
Approval as to Insurance Requirements:
Name: Alicia Trujillo, Esq.
By:
Calvin Ellis, Director
Risk Management Department
Page 3 of 3