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Home My WebLink AboutR-77-0222RESOLUTION U()e 77 222 A RFSOLUTI0N AU`i.'HORTZIiJ0 AHD DIRECTING TIII•, CITY MANAGER AND CITY CL1 Rh TO EXECUTE A LEASE AGREEMENT BETWEEN THE mIAmt...nAnE WATER AND SEWER AUTHORITY HEREIiNAF'TER CALLED "AUTHORITY" AND THE CITY OP MIA'AI HEREINAFT'c;R CALLED "CITY" FoR TI'IiF, LEASING OF A TEMPORARY ROADWAY NOT " XCE5EING. 25 • „h1 L1 IN WIDTH FOLLOWING A MEANDERING LId Lp1D(yrj� rLOQU _AVIUI TO ,I COTN IPT4T ) THE EASTERN SIDE E TI• MAIN OFFICE 'U1LDING OF "AUTHORITY" PROPERTY AT SOUTH LT:„UTIROAD MIAI1FLORIDA (A.SHOWN "W• ="AUTH)RITYDRG if51 • FOLLOW" W" WHEREAS) on November 21, 19 (5, "Authority" .submitted a Record Plat to "City" entitled MTAMT-DADE WATER AND SEWER AUTHORITY SUB, , a subdivialon of unplattrd property located at the northeast corner of I, Jeune Road and Loqua.t Avenue; and WHEREAS, after, o!:bm1.tt? 1. o f said plat .t requested o r' S .II„ i_,N,.., ,: r .� was I C.. i i,1 C'. ;.; c. i�. J "Authority" that said plat be modified to include a dedicated 50=f oot right i7I' way Lincoln Drive; and WHERE), located as t south would disrupt existing property causing OCUMEf T INDEX t�r1, rIT ITEM N�.,,� ;ive r:i va. e par;:ing facilities on "Authority" e hardship; and a ,outherlytt roion ation of WHEREAS, "Authority," an autonomous, quasi-s'overnmental agency, will need the remaining open space on private property for future expansion of existing facilities; and WHEREAS, a private access road that follows a meandering line from i o Iuat; Avenue to Lincoln Drive already exists at the easterly sideof "nat or it ;t 7" property; and WHEREAS, A , said private access road is open to local tr ffie; and WHEREAS it As the 0ity' s desire that a roadway be privded at this location as a partial fulfillment of the requirements of the above mentioned plat; and WHEREAS, "City" rinds no il,i''z'ei riet,` in the existing access rf)a 7 remaining ,s ut1.11 .'.rr_'d; and ,.3I I.,. K "Authority" l.�r , ..,,.,.tip , 1 i:_,.._,�.. �" rr, +,r'11t., between fit.}.} ioI'it;y" and 11Oity" to P; Hi, the existing rc;r)d,t,1Y i'rur,1 Loquat to Lincoln •(.,v1t • automatic extensions every MEETING OF MAR I O 1fl7 RFso1u'rIIN .0,1.17. has been prepared and reviewed by the Departtents of yaw and Public Works of "City' s NOW, THEREFORE; [3E TT RESOLVED 137 TI'HE COI'4MISSION'J OF THE CITY oE' MIAMI 3 I'ISORIDA i Section 1, That the City Manager and City Clerk be, and they are hereby, authorized to execute a ILease Agreement with the Miami -Dade Water and Sewer Authority for the lease of a temporary roadway not exceeding 25 feet in width, following a neandorinr line from Loquat Avenue to Lincoln Drive on the eastern side of the "Authority's" Main Office Building Property at - 575 South Ledeune Road, Miami, Florida, all as shown on "Authority„ drawing No. W5541.-A , said lease agreement being attached hereto and made a part hereof. PASSED AND ADOPTEI, this 1611_ day of MARCH, 1. 9 7 7 C:"§" (32> RALPH G. ONGIE City Clerk PRERAREi) I :' D APPROVED.. U.Y. e. `�C 1 •4 '1 -.-r„1 MICHEL E. ANDERSON Assistant City Attorney API' TO FORM � n ... r l 1 -.I�rr � c� C? VF11 J S FORD AIJI) COBRE(, NE2S : T`"�;�., GEORCE F, 'KNOX, JR, City Atto 'ri y MAUR I CE A, FERRE MAYOR P "61rit" E UMENTS FOLLOW" CATY 07 1,ttl LORIC)A INTER-rJFFICE MiDkANeDIPti 0t. - i Joseph R. Grassie City Manager t 08 William t. Parkes Acting Director Department of Public Works March 4, 1977 PILe uentral Resolutioft Accepting Leate Agreement with Miatii.Dade Water and Sewer Authority Resolution The Miami -Dade Water and Sewer Authority plans to plat its main office building property at 3575 South LeJeune Road. Part of the requirements of this plat included the providing of a 50-foot wide dedicated access road through the Miami -Dade Water and Sever Authority property connect- ing Lincoln Drive and Loquat Avenue. The Miami -Dade Water and Sewer Authority claims that the dedication of this road would cause a severe hardship resulting in considerable loss of property and disrupt exist- ing facilities. As an alternative to the platting requirement, the Miami -Dade Water and Sever Authority proposes that the City of Miami lease an existing 25-foot wide meandering road located on the easterly side of the owner's property. In response thereto, they have prepared and delivered to the City of Miami a Lease Agreement for the leasing of a roadway not exceeding 25 feet in width following a meandering line from Loquat Avenue to Lincoln Drive on the eastern side of the Miami -Dade Water and Sever Authority's property at 3575 South LeJeune Road, Miami, Florida. It is now in order for the City Commission to accept the aforesaid Lease Agreement and to have the proper City officials execute said Lease Agreement. THE DEPARTMENT OF PUBLIC WORKS RECOMMENDS ADOPTION OF THE ATTACHED RESOLUTION ACCEPTING THE LEASE AGREEMENT PREPARED BY THE MIAMI-DADE WATER AND SEWER AUTHORITY FOR. LEASING OF A TEMPORARY ROADWAY NOT EXCEEDING 25 FEET IN WIDTH FOLLOWING A MEANDERING LINE FROM LOQUAT AVENUE TO LINCOLN DRIVE ON THE EASTERN SIDE OF THE MIAMI-DADE WATER AND SEWER AUTHORITY PROPERTY AT 3575 SOUTH LEJEUNE ROAD; AND AUTHOR- IZING AND DIRECTING THE CITY MANAGER AND CITY CLERK OF THE CITY OF MIAMI TO EXECUTE SAID LEASE AGREEMENT„ WEP:JJK:jt "SUPPORTIVE DOCUMENTS FOLLOVV" day tE AS F: AG'iE:IT 3 TW EE T • Tiff MrAMI- DADE WATER AND SEWEf. AUTHORITY AnD '1'i-IE CITY` OF MITin I THIS LEASE?. AGREE •1E +T, tnad2 and entered inho as of the 1977, by and between the Miami -Dade Water an.2 5' ;er Authority, an agency and instrumentality of Dads County, Plor.ida, hereinafter, called the "Lessor", and the City of Miami, a political subdivision of the State of Florida, hereinafter called the "Lessee", WTTNESSET Ht The Lessor, for and in consideration of the payment of rent in the amount of Ten ($10.00) Dollars, the receipt of which is hereby acknowledged, and in consideration of the mutual covenants and promises herein to be kept and performed, does hereby lease and demise unto the Lessee the following described promises, situated, lying and being in the City of Miami, County of Dade, State of Florida: The right of way for a temporary roadway not exceeding 25 feet in width, following a meandering line from Loquat Avenue to Lincoln Drive on the eastern side of the Lessor'sMain Office Building Property at 3575 South LeJeune Road, Miami, Florida, as shown on the Lessor' s sketch of this roadway attached hereto and made a part 'hereof. TO HAVS AND TO HOLD the said premises unto the said Lessee from the day of . 1977, to and including the a y of , 1981, and tiro Lcf .:J r hereby gr e,nt- s " UP OR 'YE .DOCUMENT,, LLOw" to th,. Lessee the right and option upon thirty (30) days hOtice ih tatitihg of the tisseets intention to exerdice said option prior to the expiration of the five (5) yeat tetM to ektend the term of this Lease Agreement for additional consecutive terms of five (5) years each, subject. however, to the condition that the Lessor reserves the right to terminate the Lease Agreement during any of the renewal periods if, in the Lessors sole judgment and opinion, continuing ekpansion of the Niarii-Dade Water and Sewer Authority requires the utilization of the subject property of this Lease Agreement, In nO event, however, will this option to terminate be exercised during the initial five (5) year period of this Lease Agreement. This Lease Agreement is entered into upon the following terms and conditions, all of which the parties hereto covenant to keep and perform: 1. The Lessee shall bear the sole responsibility for maintenance of the roadway surface and guard posts good condition and repair in to "SUPPORTIVE comply with all applicabic City and County DOCUMENTS FOLLOW" regulations. 2. The Lessee will quietly and peaceably deliver said premises to the Lessor in the same condition in which said premises were received, fire, hurricanes or other act of God excepted, any restoration expenses involved to be paid by Lossee, at the expiration of the term of this 14;-2a3e Agreement, 3. Ths T.J.s.ssor covenants that it 11,..1s the tight to lease the sUbject proparty of this tease Agreement and has full power and authority tO enter into this Lease Agreement. Lessor further covenants that, Upon performance of the terms and provisions of this Lease Agreement on the part of the Lessee to be performed, the Lessee shall peaceably have and enjoy the use of said subject property. 4. The Lessee shall indemnify and save Dade County and the Lessor 'harmless from all charges, claims or demands resulting from accidents or injuries or from any act, omission or neglect by the Lessee or its employees attributable to the use of said subject property by the Lessee, and the Lessee shall defend and bear all costs of defending every suit brought against Dade County as the "SUPPORTIVE Lessor for any of such cases. DOCUMENTS IN WITNESS WHEREOF, the Lessor has c au sEDLL LeCiaument and an exact duplicate hereof to be signed in its name by its Director and its official seal affixed, attested by its Secretary, this day of , 1977. Signed, sealed and delivered MIAMI-DADE WATER AND SEWER AUTHORITY in the presence of; (SEAL) Director By: ATTEST; As to Lessor 9. Secretary IN WI T N :SS .iTIEREOi ► the tessc his caused this i s tr'um nth ahcl an exact dUnl.icaLe hereof to he signed in its name by its City Manager and its official seal a f f ixecl, attested by its city Clerk, this day of 1977. ATT:STt City C �rh i3y: City Manager "SUPPORTIVE DOCUMENTS FOLLOW" (si AL) 4 4 u'• MAt•'I' 1 Al?' _. --.__ Na 1 ►...c:a E aLC LCQUAT Ave. • • ii. Is 4 i r. Ct'D' RGr•K• M A a P j ft ulhu AJi SL• a • •