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Resolution
File Number: 15-01221
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AIRSPACE AGREEMENT
("AGREEMENT") WITH THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION ("FDOT"), IN SUBSTANTIALLY THE ATTACHED FORM,
PROVIDING FOR THE LEASE OF FDOT-OWNED PROPERTIES, IDENTIFIED AS
FOLIO NUMBERS 01-3219-000-0260 AND 01-3219-044-002.0, MIAMI, FLORIDA,
ALSO KNOWN AS FDOT PARCELS 3973 AND 3974, AS MORE PARTICULARLY
DESCRIBED IN "EXHIBITA," ATTACHED AND INCORPORATED, AT NO COST TO
THE CITY OF MIAMI ("CITY") FOR ATERM OF TEN (10) YEARS WITH ONE
OPTION TO RENEW FOR AN ADDITIONAL TEN (10) YEARS; FOR THE PURPOSE
OF PROVIDING RECREATIONAL AMENITIES FOR THE PUBLIC, WITH TERMS
AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE AGREEMENT.
WHEREAS, the Florida Department of Transportation ("FDOT") is the owner of the properties
identified as Folio Numbers 01-3219-000-0260 and 01-3219-044-0020, Miami, Florida, also known as
FDOT Parcels 3973 and 3974, as more particularly described in Exhibit "A" ("Property"), attached and
incorporated; and
WHEREAS, FDOT wishes to lease to the City of Miami ("City or Lessee"), at no cost, the Property
for the purpose of providing recreational amenities for public use with pedestrian access only, subject
to certain conditions as outlined in the Airspace Agreement ("Agreement"); and
WHEREAS, the primary property designation is and shall remain for transportation purposes, and
is currently being used as a drainage area; and
WHEREAS, the Agreement is for a term of ten (10) years with one (1) ten (10) year option to
renew, and upon termination of the Agreement, the property shall revert to FDOT for transportation
use;
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 hereby
adopted by reference and incorporated as fully set forth in this Section.
Section 2. The City Manager is hereby authorized{1) to execute the Agreement with FDOT, in
substantially the attached form, providing for the lease of the Property at no cost to the City, for a term
of ten (10) years with one (1) ten (10) year option to renew, for the purpose of providing recreational
amenities for public use, with terms and conditions more particularly described in the Agreement.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor,{2}
City of Miami Page 1 of 2 File Id: 15-01221 (Version: 1) Printed On: 10/8/2015
File Number; 15-01221
APPROVED AS TO FORM AND CORRECTNESS:
1
VICTORIA M�NDEZ
CITYATTORNEY
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 (10) 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 File IBJ. 15-01221 (Version; 1) Printed On: 101812015