HomeMy WebLinkAboutPre-LegislationCity of Miami
Legislation
Resolution: R-10-0322
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-00781 Final Action Date: 7/22/2010
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION ("FDOT') LEASE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, FOR THE USE OF A CERTAIN PARCEL
LOCATED IN FORDHAM'S SUBDIVISION PLAT BOOK 4-93, LYING IN SECTION
35, TOWNSHIP 53 SOUTH, RANGE 41 EAST, AS SHOWN ON THE FDOT
RIGHT-OF-WAY MAP FOR STATE ROAD 933 SECTION 8760-152, SOUTHEAST
OF THE MIAMI RIVER, UNDER THE NORTHWEST 12TH AVENUE BRIDGE,
BETWEEN NORTHWEST 8TH TERRACE AND THE MIAMI RIVER, CITY OF MIAMI,
MIAM!-DADE COUNTY; MORE PARTICULARLY DESCRIBED AS THE EAST
PORTION OF THE SOUTHEAST PARCEL UNDER THE NORTHWEST 12TH
AVENUE BRIDGE CONTAINING 22,770 SQUARE FEET MORE OR LESS, FOR THE
STORAGE OF SPARE APPARATUS; WITH SAID LEASE AGREEMENT AT NO
COST TO THE CITY OF MIAMI, FORA LEASE TERM OF FIVE (5) YEARS, WITH
AN OPTION TO RENEW FOR ANOTHER FIVE (5) YEARS; WITH THE
REQUIREMENT BY FDOT, THATA PUBLIC PURPOSE REVERTER PROVISION BE
ADDED, THAT IF THE USE OF THE PARCEL IS DISCONTINUED, THE LEASE
WILL CEASE AND REVERT BACK TO FDOT AND THAT FDOT WILL HAVE
ACCESS WITH OR WITHOUT NOTIFICATION FOR EMERGENCY BRIDGE
REPAIRS AND THAT ROUTINE BRIDGE REPAIRS CAN BE DONE WITH 72
HOURS VERBAL NOTICE TO THE CONTACT NOMINEE.
WHEREAS, the State of Florida Department of Transportation ("FDOT") is the owner of a certain
parcel located in Fordham's Subdivision Plat Book 4-93, lying in Section 35, Township 53 South,
Range 41 East as shown on the FDOT Right -of -Way Map for State Road 933 Section 8760-152,
Southeast of the Miami River, under the Northwest 12th Avenue Bridge, between Northwest 8th
Terrace and the Miami River, City of Miami, Miami -Dade County, more particularly described as the
east portion of the Southeast parcel under the Northwest 12th Avenue Bridge containing 22,770
square feet more or less ("Parcel"); and
WHEREAS, FDOT is willing to lease the Parcel to the City of Miami ("City") at no charge; and
WHEREAS, the Parcel will be used to store a spare fleet of emergency response vehicles; and
WHEREAS, these vehicles need to be in close proximity to our maintenance division in order to be
immediately ready to deploy and replace a disabled emergency vehicle; and
WHEREAS, the attached Lease Agreement would be at no cost to the City, for a lease term of five
(5) years, with an option to renew for another five (5) years; and
WHEREAS, FDOT has required a public purpose reverter provision that if the use of the Parcel is
discontinued, the lease will cease and revert back to FDOT; and
City of Mianti Page 1 of 2 File Id: 10-00781(Version: 1) .Printed On: 6/28/2017
File Number: 10-00781 Enactment Number: R-I0-0322
WHEREAS, FDOT will have access with or without notification for emergency bridge repairs, and
that routine bridge repairs can be done with 72 hours verbal notice to the contact nominee; and
WHEREAS, it is appropriate for the City Commission to authorize the City Manager to accept said
Lease Agreement;
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 if fully set forth in this Section.
Section 2. The City Manager is authorized{1} to execute the FDOT Lease Agreement, in
substantially the attached form, for the use of the Parcel, for the storage of spare apparatus, with
said Lease Agreement at no cost to the City, for a lease term of five (5) years, with an option to renew
for another five (5) years, with the requirement by FDOT, that a public purpose reverter provision be
added, that if the use of the parcel is discontinued, the lease will cease and revert back to FDOT and
that FDOT will have access with or without notification for emergency bridge repairs and that routine
bridge repairs can be done with 72 hours verbal notice to the contact nominee.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {2}
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 Fide Id: 10-00781 (Version: 1) Printed On: 6/28/2017
STATE OF stdelCA DEPARTMENT OF TR Nspc+PTATION
LEASE AGREEMENT
rHiS AGREEMENT, made this day of
ITEM/SEGMENT NO.: 2.495040
MOOT OF WAY
DGO - oer>e
MANAGING DISTRICT: SIX
F.A.P. NO.: NIA
STATE. ROAD No.. 933 (WNW 12 Ave Bridge)
COUNTY.: Y.: MIAMl-DADE
PARCEL NO.: 4454
OF FLORIDA DEPARTMENT OF TRANSPORTATION, (hereinafter called the Lessor), and
municipal corporation located at 444 S.W. 2nd Avenue, 101h Floor, Miami, Florida 33130'
, by and between the STATE
the City of Miami, a Florida
(hereinafter caned the Lessee.)
WfTNESSETH:
In consideration of the mutual covenants contained herein, the partiee agree as follows:
1. Properly and Term. Lessor does hereby lease unto Lessee the property described in Exhibit "A", attached and made a part
hereof, for a term of 5 Years beginning and ending . This
Lease may be renewed for an additional 5 Years term al Lessee's option, subject to the rent adjustment as
provided In Paragraph 3 below. Lessee shall provide Lessor 120 days advanced written notice
of Its exercise of the renewal option.
If Lessee holds over and remains in possession of the property after the expiration of the term specified In this Lease, or any
renewals of such term, Lessee's tenancy shall be considered a tenancy at sufferance, subject to the same terms and conditions as
herein contained in this Lease.
This Lease is subject to all utilities in place and to the maintenance thereof as well as any ether covenants, easements,
or restrictions of record.
This Lease shall be construed as a lease of only the Interest, if any, of Lessor, and no warranty of title shall be deemed
to be given herewith.
2. Use. The teased property shall he used solely for the purpose of for storage of the trucks end equipment
if the property is used for any other purpose, Lessor shah have the option of immediately terminating this Lease,
Lessee shall not permit any use of the property in any manner that would obstruct or interfere with any transportation facilities,
Lessee will further use and occupy the leased property in a careful and proper manner, and not commit any waste thereon. Lessee
will not cause, er allow to be caused, any nuisance or objectionable activity of any nature on the property. Lessee will not use or
occupy said property for any unlawful purpose:and will, at Lessee's sole cast and expense, conform to and obey any present or future
ordinances and/or rules, regulations, requirements, and orders of governmental authorities or agencies respecting the use and
occupation of the leased property.
Any activities In any way involving hazardous materials or substances or 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 petroleum products, pollutants. and other hazardous materials on the leased property is prohibited. Lessee shall be hold
responsible for the performance of and payment for any environmental remedlation that may be necessary, as determined by the
Lessor, within the leased property. If any contamination either spread to or was released onto adjoining properly as a result of
Lessee's use of tha leased property, the Lessee shall be held similarly responsible. The Lessee shall indemnify, defend, and hold
harmless the Lessor from any claim, loss, damage, costs, charge, or expense arising out of any such contamination,
3. PZen. Lessee shall pay to Lessor as rent, on or before the first day of each rent payment period, the sum of
N/A (Public Purpose) plus applicable tax, for each N/A of the term. If
this Lease is terminated prior to the end of any rent payment period, the unearned portion of any rent payment, less any ether amounts
VIM may be owed to Lessor, shall be refunded to Lessee, Lessee shall pay any and ail state, county, city, and local taxes that may be
due during the term hereof, Including any real property taxes, Rent payments shall be made payable to the Florida Department
of Transportation and shall be sent to Notices: Right of Way Administration, 1000 NW 111 Ave, Miami. Florida 33172
Attn: Property Management . Lessor reserves the right to review end adjust the rental fee blennuelly
and at renewal to reflect market conditions. Any Installment of rent not received within ten (10) days after the date due
/22i-t2 46 6- /vet-
E75-05C-5?
RIGHT O. WAY
our . 06/05
shell bear interest at the highest rate ai'.owed by law from the due date tnereof, per Section 55.C3(,), Florida Statutes. This provision
shall not obligate Lessor to accept late rent payments or provide Lessee a grace period,
4. Improvements. No structures or improvements of any kind shell be placed upon the property without the prior written
approval of the District Secretary for District S!X of Lessor, Any such structures or improvements shalt be
constructed in a good and werkmanliee manner at Lessee's sole cost and expense. Subieet to any landlord lien, any structures or
improvements constructed by Lessee shall be removed by Lessee, al Lessee's sole cost and expense, by midnight on the bay of
termination of this Leese and the leased property restored as nearly as practical to its condition at the time this Lease is executed.
Portable or ternporary advertising signs are prohibited.
Lessee shall perform, at the sole expense at Lessee, all work required in the preparation cf the teased property for occupancy by
Lessee, in the absence of any speciai provision herein contained to the contrary; and Lessee does hereby accept the eased property
as now being in fit and tenantable condition for all purposes of Lessee.
Lessor reserves the right to inspect the property and to require whatever adjustment to structures or improvements as Lessor, in its
sole discretion, deerns necessary. Any adjustments shall be done at Lessee's sole cost and expense,
5. Maintenance, Lessee shall keep and maintain the leased property and any building or other structure, now or hereafter erected
thereon, In good and safe condition and repair et Lessee's own expense during the existence of this Lease, and shall keep the same
free and clear of any and all grass, weeds, brush, and debris of any kind, so as to prevent the same from becoming dangerous,
inflammable, or objectionable, Lessor shall have no duty to inspect or maintain any of the leased property or buildings, and other
structures thereon, during the term of this Lease; however, Lessor shall have the right, upon twenty-four (24) hours notice to Lessee,
to enter the leased property for purposes of inspection, including conducting an environmental assessment. Such assessment may
include: surveying; sampling of building materials, soil, and groundwater; monitoring well installations; soil excavation; groundwater
remedietion; emergency asbestos abatement; operation and maintenance inspections; and, any other actions which may be
reasonable and necessary. Lessor's right of entry shall not obligate Inspection of the property by Lessor, nor shall it relieve the
Lessee of its duty to maintain the leased property. In the event of emergency due to a release or suspected release of hazardous
waste on the property, Lessor shall have the right of immediate inspection, and the right, but not the obligation, to engage In remedial
action, without notice, the sole cast and expense of which shall be the responsibility of the Lessee,
6. Indemnification, To the extent provided by law, Lessee shall indemnify, defend, and hold harmless the Lessor and all of its
officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or
negligent act by Lessee, its agents, or employees, during the performance of the Lease, except that neither Lessee, its officers,
agents, or 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 Lessor or any of its officers,.agents, or employees during the perforrrrance of the Lease.
When the Lessor receives e notice of claim for damages that may have been caused by the Lessee, the Lessor wilt immediately
forward the claim to the Lessee. Lessee and the Lessor 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 Lessor will determine whether
to require the participation of Lessee in the defense of the claim or to require that Lessee defend the Lessor in such claim es
described In this section, The Lessor'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 clettrn by Lessee. The Lessor and Lessee wilt each pay its own expenses far the
evaluation, settlement negotiations, and trial, if arry.
7. Insurance. Lessee at its expense, shall maintain at all times during the term of this Lease, public liability insurance protecting
Lessor and Lessee against any and ail 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 Lessee, its
employees, agents, contractors, customers, licensees, and invitees. Such insurance shalt be carried In a minimum amount of not less
than See Addendum Attached ($ 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 e combined coverage of not less than ($ 0.00 ).
All such policies shall be issued by companies licensed to do business in the State of Florida end all such policies shall contain a
provision whereby the same cannot be canceled or modified unless Lessor is given at least sixty (60) days prior written notice of such
cancellation er modification. Lessee shall provide Lessor certificates showing such insurance to be In place and showing Lessor
as additional Insured under the policies, If self -insured er under a risk management program, Lessee represents that such minimum
coverage for liability will be provided for the leased property.
F131-1" A'l.`'
oce • aruo9
Lessor may require the amount of any public liability insurance to be maintained by Lessee be increased sc that the amount thereof
adequately protects Lessors interest. Lessee further agrees that it shall during the full term of this Lease end at its own expense keep
the teased property and any improvements thereon fully Insured against loss or darnsge by fire and other casualty. Lessee also
agrees that it shall during the full terra of this Lease and at its own expense keep the contents and personal property located on the
leased property fully insured against loss or damage by fire or other casualty and does hereby release and waive on behalf of itself
and Its insurer, by subrogaticn or otherwise, all claims against Lessor arising out of any fire or ether eaeualtet whet`rer or not suet': fire
or other casualty shah have resulted In whole or in part from the negligence of the Lessor.
0. Eminent Domain, Lessee acknowledges and agrees that its relationship with Lessor under this Lease is one of iandlore and
tenant and no other relationship either expressed or implied shalt be deemed to apply to the parties under this Lease. Termination of
this Lease for any cause shall not be deemed a taking under any eminent domain or other taw so es to entitle Lessee to compensation
for any interest suffered or lost as a result of termination of this Lease, including any residua! interest in the Lease, or arty other facts
or circumstances arising out of or in connection with this Leese.
Lessee hereby waives and relinquishes any legal rights and monetary claims which it might have for full compensation, cr 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 leased property, or any such rights, claims, or damages flowing from adjacent properties owned or leased by Lessee
as a result of Lessee's loss of occupancy of the leased property. 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 leased property, when any or all adjacent properties owned or leased by Lessee are taken by eminent domain
proceedings or sold under the threat thereof. This waiver and relinquishment applies whether this Lease is still in existence on the
date of taking or safe; or has been terminated prior ;'Hereto.
9. Miscellaneous.
a. This Lease may be terminated by Lessor immediately, without prior notice, upon default by Lessee hereunder,
and may be terminated by either party, without cause upon THIRTY (30 ) days prior written notice to the other party.
b. In addition to, or in lieu af, the terms and conditions contained herein, the provisions of any Addendum of even date herewith
which is identified to be 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 Addendurn(s), the provisions of the Addendum(s) shall
control, unless the provisions thereof are prohibited by taw.
c, Lessee acknowledges that it has reviewed this Lease, is familiar with its terms, and has had adequate opportunity
to review this Lease with legal counsel of Lessee's choosing, Lessee has entered into this Lease freely and voluntarily,
This Lease contains the compiete understanding of the parties with respect to the subject matter hereof. All prior understandings and
agreements, oral or written, heretofore made between the parties and/or between Lessee and the previous owner of the leased
property and landlord of Lessee are merged in this Lease, which alone, fully and completely expresses the agreement between
Lessee and Lessor with respect to the subject matter hereof. No modification, waiver, or amendment of this Lease or any of its
conditions or provisions shall be binding upon Lessor or Lessee unless in writing and signed by both parties.
d. Lessee shall not sublet the property or any pert thereof, nor assign this Lease, without the prior consent in writing of the
Lessor; this Lease is being executed by Lessor upon the credit and reputation of Lessee. Acceptance by Lessor of rental from a third
party shall not be considered as an assignment or sublease, nor shall It be deemed es constituting consent of Lessor to such an
assignment or sublease.
e. Lessee shall be solely responsible for ail bills for electricity, Fighting, power, gas, water, telephone, and telegraph
services, or any other utility or service used on the property.
f, This Lease shall be governed by the laws of the State of Florida, and any applicable laws of the United States
of America.
g. All notices to Lessor shall be sent to the address for rent payments and all notices to Lessee shalt be sent to:
Carlos Migoya, City Manager, City of Miami, 444 SW 2 Avenue, t0th Floor, Miami, Florida 33130
i WITNESS NESS WHEREOF, the par;iss hers-..;C ,c ..!:S These p ssti is IC � E:i cGule , Lhe sv 871leer first awCve
W ri °Liar..
CiiYOFM AM'
Lessee (Company Name, if appficat;ie)
JGF i '.i''Nn'f
CGC - OP
STA.TE:I: FLORIDA
DEPARTMENT OF T S.ANSPOR,TA`ION
�istric Secre:srr
By Gus Pego, P.E.
Carlcs Migoya
Print Name
Title: City Manager
Altest,
Priscilla Thompson, CMC
(:SEAL)
Print Name
Title: City Clerk
Approved as to Fnrrn and Correctness:
By.. l r'% �!.► `.::, :�
Julie O.:»City Ail to'rney
Approved as to ir<surance' Reauirer erts:
Lee Ann Brehm
.Director, Risk Management
Attest:
Print Nana
Narne,rntle: Margaret Higgins, Exec Secretary
LEGAL_ REVIEW:
District Counsel
AictOTrujillo, Esq.
Print Name
.ADDENDUM TO LEASE AGREEMENT
.,-__".-), FLORID - ,,,r.".^ !!P ca._ 7'??.,,4SPOR7 .-1-'t
ltarn/Seg No.: 2495040
Managing District : Six
SR No.: 933 u!NW 12trAve Bridge
County: Miami -Dade
Parcel No.: 4454
This AGREEMENT dated this day of 2010, shall serve as an
ADDENDUM to that certain Lease Agreement between the City of Miami (''Lessee") at 444 S.N. 2 ,a
Avenue, 10th Floor, Miami, Florida 33130 and the State of Florida Department of `transportation
(Lessor'!) at 1000 N.W. 111th Avenue, Miami, Florida 33172 dated . In
addition to the provisions contained in said Agreement. the following terms and conditions shall be
deemed to be part thereof pursuant to Paragraph S(e) of saki Agreement.
1, Conflict. Where the provisions of this Addendum conflict with the provisions of the original Lease
Agreement, this Addendum shall control.
2. Lessor reserves the right to enter the leased premises in an emergency without notice at any time.
At all other times, the Lessor will give 48 hours notice for routine maintenance, inspection or access
for construction related to the Lessor's Northwest 12th Avenue Bridge structure. Lessee will be
responsible for any environmental contamination or damages which may result from its use or
operations on the leased premises.
3. All improvements to be constructed on the leased premises must be submitted to Lessor for written
approval before commencement of any work and will require removal and re -instatement of the area
at termination of the Agreement.
4. Section 3 of the Lease Agreement. The Lessee shall not be required to pay rent and Section 3 is
hereby deleted.
5. Section 6 of the Lease Agreement, entitled Indemnification, is hereby amended to limit
indemnification in accordance with and subject to the limitations as set forth in Section 768.28 of the
Florida Statutes.
6. Section 7 of the Lease Agreement. Lessee is self insured in accordance with, and subject to the
limitations set forth in Section 768.28, Florida Statutes. Lessor accepts Lessee's insurance coverage
and agrees it satisfies the requirements of Section 6 of the said Lease Agreement,
7. Lessor will have access with or without notification for emergency bridge repairs. Routine Bridge
repairs can be with 72 hours verbal notice to the contact you nominate.
1 of
ADDEND-1 M TO LEASE AGREEMENT
DF FL:5RD DE:?P.RTNIEN7 -D7 TRANSKJR7A7ION
item/Seg No.: 2496040
Managing District: Six
SR No.: 933 u/NW 12tr�Ave Br
County : Miami -Dade
Parcel No. 4454
All other terms and conditions of the Lease Agreement shall remain unchanged and confirmed and
ratified by Lessee and Lessor,
IN WITNESS WHEREOF, the parties have executed this Addendum to the Lease Agreement as of
this day of 2010,
On behalf of Lessee
CITY OF MIAMJ
On behalf cf Lessor
STATE OF FLOR#DA
DEPARTMENT OF TRANSPORTATION
By By:
Gus Pego, P.E.
District Secretary
Carlos Migoya,
City Manager
Attest: Attest:
Pricil#a A. Thompson Margaret Higgins
City Clerk Executive Secretary
Approved as to Form and Correctness
:kP,L REVIEW:
Julie O. ru,/ Alicia Trujillo. Esq
City Attorney District Chief Counsel
Approval as toinsuran e F•equirements:
Lee Ann Bre m, tirector
Risk Manag ment Department
By:
City of Miami u/ NW 12.i, Ave Bridge
EXHIBIT A"
LEGAL DESCR!PTiON
Parcel located in Fordham's Subdivision Plat Bock 4-93. lying in Section 35: Township 53
South, Rance 41 East as shown on the Florida Department of Transportation Right -of -Way Map
for State Road 933 Section 8760-152. Southeast of the Miami River. under NW 12 Avenue
Bridge. between NW 8 Terrace and the Miami River, City of Miami, iamCounty.
Particularly described as: East portion of the Southeast parcel under the NW 12 Avenue Bridge.
Containing 22,770 square feet more or less.
Florida Department
District Six
item/Segment No.:
Sect/Job No.:
F.A,P. No.:
State Rd, No.:
County:
Parcel No,:
of Transportation
2496040
87085-3510
N/A
933
Miam i-Dade
4454
Sheet i of 2
EXHIBIT "A"
SKETCH OF LEGAL DESCRIPTION
FOOT UNDER BRIDGE
PARKING SOUTH YARD
Florida Department
District Six
Item/Segment No.:
Sect/Job No.:
F.A.P. No.:
State Rd, No.:
County:
Paicei No.:
of Transportation
2496040
87085-3510
N/A
933
Miami -Dade
4454
Sheet 2 of 2
PMIOI5 ( Rev Oct 2006)