2004-25470 Reso
RESOLUTION NO. 2004-25470
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, REQUESTING A
PUBLIC PURPOSE CONVEYANCE FROM THE FLORIDA
DEPARTMENT OF TRANSPORTATION, OF A PORTION OF
ITS RIGHT-OF-WAY FOR THE MACARTHUR CAUSEWAY
LOCATED ADJACENT AND CONTIGUOUS TO THE CITY-
OWNED MIAMI BEACH MARINA, FOR THE PURPOSE OF
CONSTRUCTING A TRAM MANEUVERING AREA, AND
AUTHORIZING THE ACCEPTANCE OF A DEED FOR THE
SUBJECT PROPERTY WITH A REVERTER CLAUSE.
WHEREAS, the City wishes to assure the continued and efficient operation of the
Miami Beach Marina; and
WHEREAS, the Florida Department ofTransportation (FOOT) has a right-of-way for
the MacArthur Causeway located adjacent and contiguous to the City-owned marina; and
WHEREAS, as a result of related upland construction ofthe project known as ICON,
access to the northernmost piers of the marina has been substantially impacted and it is
now almost impossible to move service vehicles to the northernmost piers and to turn
around to exit the area; and
WHEREAS, as an alternative, a turnaround has been designed on a portion of the
FOOT right-of-way, to be used as a maneuvering area for transportation vehicles to service
the marina; and
WHEREAS, the City has requested FOOT's public purpose conveyance of the
subject right-of-way, which will in no way impact FOOT's efforts in the future to modify this
intersection, since the area is substantially west of the intersection and adjacent to the bay;
and
WHEREAS, FOOT has requested that the City Commission pass a resolution
seeking a public purpose conveyance from FOOT of the area shown and described in the
attached Exhibit "An.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission herein request a public purpose conveyance from the Florida Department of
Transportation (FDOT), of a portion of its right-of-way on MacArthur Causeway, located
adjacent and contiguous to the City-owned Miami Beach Marina, for the purpose of
constructing a maneuvering area for transportation vehicles servicing the marina, as
described in Exhibit "An, and approve the acceptance of a deed for this property in a form
approved by the City Attorney, which said deed will contain a reverter clause if said
property is not used for public purposes.
PASSED AND ADOPTED THIS 4TH
ATTEST:
~PCu~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
T:\AGEN DA \20041Feb04041RegularlMacArthurROWreso,doc
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Dale
EXHIBIT "A"
LEGAL DESCRIPTION
Commence at the southeast corner of Lot 43, Block 111, os shown in
AMMENDED PLAT OF LOTS 43 TO 50 INCLUSIVE, BLOCK 111 OCEAN BEACH
ADDITION No, 3, recorded in Plot Book 14, at Page 70, Public Records of
Miami-Dade County, Florida; thence run northerly, along the easterly line of
said Block 111 for 0 distance of 230,00 feet to 0 point af tangency; thence
run along the arc of a curve concave to the southwest, having a central
angle of 59.48'21" and a radius af 79.54 feet, for 0 distance of 83.03 feet
to a point of tangency; thence run westerly along the northerly line of the
above mentioned Block 111 for a distance of 90,50 feet to the POINT OF
BEGINNING of the track of land herein described; thence continue olong the
westerly extension of the last described course for 0 distance of 176,97 feet;
thence deflect 111.27'36" to the left for a distance of 46.41 feet to 0 point
of intersection with the northerly line of above mentioned Block 111; thence
run eosterly, along the northerly line of said Block 111 for 0 distance of
67.09 feet to 0 point of tangency; thence run along the ore of 0 curve
concave to the southeast, having 0 central angle of 21'29'00" and 0 radius
of 266,50 feet for 0 distance of 99.93 feet to the POINT OF BEGINNING.
Said lands located. lying and being in the City of Miami Beoch, County of
Miami-Dade, Florida, and containing 3192 square feet more or less.
SURVEYOR'S NOTE:
Due to construction the boundary of Block 111 has not been determined in
the field, The information shown in the sketch and legal description is
referenced to the Record Plot and State Rood Deportment Right-of-Way
Map, Section 87060- 251 O.
I HEREBY CERTIFY: that this SKETCH AND LEGAL DESCRIPTION
is correct and meets the Minimum Technical Standards for
Land Surveying in the State of rlarida os set forth in Chapter
472,027 (F,S,) and Chapter 61G17-6 of the Florida
Administrative Code. Not valid without the signature and
raised seal of 0 Florida Licensed Surveyor and Mapper,
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I PS.M. No. 2916
STATE OF FLORIDA
.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATlON.DISTRIC VI
J,A. VARGAS-City Surveyor
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida. 33139
Tel:(305) 673 7080 (Exl. 6132)
Fax:(305) 673 7028
Field Work: 12/22/2003
Field Baok: 1160 Page: 35
WPl No.
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J.A. VARGAS-City Surveyor
City of Miami Beach
1700 Convention Center Drive
Miami Beach. Florida. 33139
Tel:(305) 673 7080 (Ext. 6132)
Fax:(305) 673 7028
Field Work: 12/22/2003
Field Book: 1160 Page: 35
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION-DISTRIC VI
WPI No.
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Florida Department of Transportation
JEB BUSH
GOVERNOR
1000 NW, 111 Avenue
Right of Way Administration
Miami. Florida 33172
JOst ABREU
SECRETARY
November 7, 2003
Gary Kokoian
Miami Beach Redevelopment Agency
1700 Convention Center Drive
Miami Beach, Florida 33139
Subject: Right of Way MacArthur Causeway
Dear Mr. Kokoian:
This is response to your letter dated October 20,2003 to Debora Rivera, the District Right of Way
Manager, regarding abandonment of part of MacArthur Causeway adjacent to the Miami Beach
Marina for your tram maneuvering area. Our usual method would be to convey a public purpose
deed to the city.
The sequence of events to accomplish this as quickly as possible is as follows:
1)
Prepare a sketch and legal description of the area needed by the city (2
original certified copies). Sample attached, as Exhibit' A' for use in the deed,
The city commissioner needs to pass a resolution seeking a public purpose
conveyance from the Florida Department of Transportation.
Simultaneously, the Department will route internally a recommendation for
the area be declared surplus and transferred to the city for public purpose use.
(The precise area needs to be identified so our managers can review and agree
to release the parcel).
2)
3)
As soon as the Department has concluded its internal review, is willing to release the property and
the city resolution is in our possession the parcel can be transferred. It would be appreciated if
preparation of the sketch and legal description is given priority. If you need more information or
assistance with the wording of the resolution, please let me know. I shall be back in the office on
Wednesday.
Sincerely,
W.E. Reuben
(305) 470 5288
Miami BeachpublicJlUl1lOSl' I
www.dot.state.fl.us
,
Florida Department of Transpontlfia:tl r"'1
I;G
JJ1;. BUSH
GOVERNOR
1000 NoW, 111 Avenue
RighI 01 Way Adminislroliol1
Miami, FlorIda 3S 172
JO$ii AlIREO
SECRETARY
January 22, 2004
V. Gary. Kokorian
MiamiBeach Redevdopment Agency
1100 Convention Center Drive
Miami Beach. Florida 33139
Subject: Right of Way MacArthur Causeway Miami Beach Marina Tram Turnaround
Dear Mr. Kokol'ian:
Thank your for your letter of January 12, 2004 together with a copy ofthe legal description and
sketch.
1 will commence the review process within FOOT llSlloon as possible. With regard to the
resolution I enclose a copy of a Dade County Resolution, which you can us as a basis for your
own, Please bear in mind that the public purpose use will be condition of the conveyance. May I
suggest therefore the use be, as a maneuveri ng area for transportation vehicles or such wording. I
Clln review your draft, if you wish.
When this is approved the FOOT will convey the property by way of 8. Public Purpose Quitclaim
Deed. with the use stated therein and a reverter clause. If the area is used for any purpose other
than stated" the Department will have the tight to reclaim the property. Please call me if you need
any clarification or assistance. I shall be back in the office on Tuesday.
Sincerely,
wJ;i!;:
(305) 470 5236
Mlan\l. ae.cb JIllblic JlUf1lIlS<' 3
www.dot.stoteJl.us
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
lC\
Condensed Title:
A resolution of the Mayor and City Commission requesting a public purpose conveyance from the Florida
Department of Transportation, of a portion of its right-of-way for the MacArthur Causeway located adjacent
and contiguous to the City-owned Miami Beach Marina, for the purpose of constructing a tram maneuvering
area, and authorizing the acceptance of a deed for the subject property with a reverter clause.
Issue:
Should the Commission request a public purpose conveyance from the Florida Department of
Transportation and accept a deed with a reverter clause?
Item Summary/Recommendation:
I App""'" the ""01'00"
idYiSO!!' Boant Recommendation:
Financial Information:
Source of
Funds:
Amount
N/A
D
Finance Dept
Ci Clerk's Office Le islative Trackin
Christina M. Cuervo/Anna Parekh
Si n-Ofts:
Deparfment Director
c
Assistant City Manager
AGENDA ITEM
DATE
c78
(}.-I{-ol{
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach.f1.us
~
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and
Members of the City Commission
Date: February 4, 2004
Jorge M. Gonzaleza .,.....---'
City Manager , ~~
A RESOLUTIO F THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, REQUESTING A PUBLIC PURPOSE
CONVEYANCE FROM THE FLORIDA DEPARTMENT OF
TRANSPORTATION, OF A PORTION OF ITS RIGHT -OF-WAY FOR THE
MACARTHUR CAUSEWAY LOCATED ADJACENT AND CONTIGUOUS
TO THE CITY-OWNED MIAMI BEACH MARINA, FOR THE PURPOSE OF
CONTRUCTING A TRAM MANEUVERING AREA, AND AUTHORIZING
THE ACCEPTANCE OF A DEED FOR THE SUBJECT PROPERTY WITH A
REVERTER CLAUSE.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
ANALYSIS
The Florida Department of Transportation (FDOT) has a right-of-way for the MacArthur
Causeway located adjacent and contiguous to the City-owned marina, the baywalk, and
the ICON project currently being constructed. As a result of the related upland
construction, access to the northernmost piers of the marina has been substantially
impacted and it is now almost impossible to move service vehicles to the northernmost
piers and to turn around to exit the area. Alternatively, a turnaround has been designed
on a portion of the FDOT right-of-way, as shown on the attached site plan, for the trams
that are presently being used to service the marina. The City has requested FDOT's
abandonment of the subject right-of-way, which will in no way impact FDOT's efforts in
the future to modify this intersection, since the area is substantially west of the
intersection and adjacent to the bay.
The Florida Department of Transportation has requested that the City Commission pass
a resolution seeking a public purpose conveyance from FDOT of the area shown and
described in the attached Exhibit "A". Since public purpose use is a condition of the
conveyance, once the City Commission approves the conveyance, FDOT will convey the
property by way of a Public Purpose Quitclaim Deed, with the use stated therein and a
reverter clause. If the area is used for any purpose other than stated, the FDOT will have
the right to reclaim the property.
JMG/C~P
T:\AGENDA\2004IFeb0404IRegularIMacArlhurROWmemo,doc
Kl)' -::#' :J.-liJ 'l'~' 25170
LEASE AGREEMENT
575-060-33
RIGHTOF WAY
05103
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PaQ8 1 of 5
ITEM/SEGMENT NO,: 4152301
MANAGING DISTRICT: Six (87060-2501)
FAP, NO,: N/A
STATE ROAD NO,: MacArthur Causeway
COUNTY,: Miami-Dade
PARCEL NO,: 6080 (RWMS 3250)
THIS AGREEMENT, made this day of 2005
OF FLORIDA DEPARTMENT OF TRANSPORTATION, (hereinafter called the'Lessor), and
Public Works Department, 1700 Convention Center Drive, Miami Beach, Florida 33139
(hereinafter called the Lessee,)
, by and between the STATE
the City of Miami Beach
WITNESSETH:
In consideration of the mutual covenants contained herein, the parties agree as follows:
1, Prooertv and Term, Lessor does hereby lease unto Lessee the property described in Exhibit "A", attached and made a part
hereof, for a term of five years beginning and ending , This
Lease may be renewed for an additional five years term at Lessee's option, subject to the rent adjustment as
provided in Paragraph 3 below, Lessee shall provide Lessor sixty (60) 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 other 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 leased property shall be used solely for the purpose of tram turnaround area
If the property is used for any other purpose, Lessor shall 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, or 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 cost 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 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 petroleum products, pollutants, and other hazardous materials on the leased 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
Lessor, within the leased property. If any contamination either spread to or was released onto adjoining property as a result of
Lessee's use of the 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, Rent. Lessee shall pay to Lessor as rent, on or before the first day of each rent payment period, the sum of
N/A for first 5 years (See Addendum) plus tax, for each N1A 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 other amounts that may be
owed to Lessor, shall be refunded to Lessee. Lessee shall pay any and all 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 Department of Transportation
and shall be sent to FDOT, Right of Way Administration, Property Management, 1000 N.W. 111 Avenue,
Miami, Florida 33172 . Lessor reserves the right to review and adjust the rental fee biennually
and at renewal to reflect market conditions, Any installment of rent not received within ten (10) days after the date due
575-060-33
RIGHT OF WAY
05103
Paoe20f5
shall bear interest at the highest rate allowed by law from the due date thereof. This provision shall not obligate Lessor to accept late
rent payments or provide Lessee a grace period,
4. Imorovements. No structures or improvements of any kind shall be placed upon the property without the prior written
approval of the District Secretary for District Six of Lessor. Any such structur~s or improvements shall be
constructed in a good and workmanlike manner at Lessee's sole cost and expense. Subject to any landlord hen, any structures or
improvements constructed by Lessee shall be removed by Lessee, at Lessee's sole cost and expense, by midnight on the day of
termination of this Lease and the leased property restored as nearly as practical to its condition at the time this Lease is executed.
Portable or temporary advertising signs are prohibited,
Lessee shall perform, at the sole expense of Lessee, all work required in the preparation of the leased property for occupancy by
Lessee, in the absence of any special provision herein contained to the contrary; and Lessee does hereby accept the leased 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, deems 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 at 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
remediation; 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 cost 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 performance of the Lease.
When the Lessor receives a notice of claim for damages that may have been caused by Lessee, the Lessor will immediately
forward the claim to 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 as 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 claim by Lessee, The Lessor and Lessee will each pay its own expenses for the evaluation,
settlement negotiations, and trial, if any,
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 all 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 shall be carried in a minimum amount of not less
than one million ($ 1,000,000.00 ) for bodilv iniury or death to anv one person or any number
of persons in anyone occurrence and not less than one million ($ 1 000000 00 )
for property damage, or a combined coverage of not less than two million ($ 2,000,000,00 ).
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 Lessor is given at least sixty (60) days prior written notice of such
cancellation or modification. Lessee shall provide Lessor certificates showing such insurance to be in place and showing Lessor
as additional named 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 leased property.
575-060-33
RIGHT OF WAY
05103
PaQe 3 015
Lessor may require the amount of any public liability insurance to be maintained by Lessee be increased so that the amount thereof
adequately protects Lessor's interest. Lessee further agrees that it shall during the fullterm of this Lease and at its own expense keep
the leased property and any improvements thereon fully insured against loss or damage by fire and other casualty, Lessee also
agrees that it shall during the fullterm 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 subrogation or otherwise, all claims against Lessor arising out of any fire or other casualty whether or not such fire
or other casualty shall have resulted in whole or in part from the negligence of the Lessor.
8. Eminent Domain. Lessee acknowledges and agrees that its relationship with Lessor under this Lease is one of landlord and
tenant and no other relationship either expressed or implied shall 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 law so as to entitle Lessee to compensation
for any interest suffered or lost as a result of termination of this Lease, including any residual interest in the Lease, or any other facts
or circumstances arising out of or in connection with this Lease.
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 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 sale; or has been terminated prior thereto.
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 six months (~) days prior written notice to the other party.
b, In addition to, or in lieu of, 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 Addendum(s), the provisions of the Addendum(s) shall
control, unless the provisions thereof are prohibited by law.
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 complete 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 part 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 as constituting consent of Lessor to such an
assignment or sublease,
e. 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 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 shall be sent to:
City of Miami Beach, Public Works Department, 1700 Convention Center Drive, Miami Beach, Florida 33139
575-060-33
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05103
Pane 4 of 5
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above
written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
pany Name, if applicable)
District Secretary
By:
John Martinez, P.E.
Print Name
fl,4-Vi ~ b~71/JIet.-
Attest:
Print Name
Title:
/JJ !HtJlL
Namemtle: Margaret Higgins, Exec,Secretary
Attest:
j,MvtK fMJu"
(SEAL)
LEGAL REVIEW:
_~ Ik1Lr r ^ n.e M d'L
Print Name District Counsel
Title:
~l~1 ~-ll
Michael Schloss, Esq,
Print Name
APPROVED AS TO
FORM & LANGUAGE
&FOR~TION
~/.",.,.._'.'i. ''''_.''<'.''''.
;,r,.,>:~~Y7.i.:-.
\ .)\ '~F 1- /lIe(
t ;t\\ . ~ Date
ADDENDUM
575-060-33
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05103
Pace 5 of 5
This is an Addendum to that certain Lease Agreement between
the City of Miami Beach
and The State of Florida Department of Transportation dated the day of , 2005
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 (b) of said Agreement:
Nothwilhstandina Clause 3 of the Lease Aareement the Lessee shall pav rent for the renewal period at fair market value.
commencinc;J at the renewal date
Nothwilhstandinq Clause 7 of the Lease Aqreement the Lessee, is a qovernment entity and is self-insured,
All other terms and conditions of the Lease Agreement shall remain unchanged,
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
By:
ny Name, if applicable)
District Secretary
John Martinez, P.E,
Print Name
flfrv/,) Di:?'lt-,1?&1t
Attest:
Print Name
Title:
/JJ //-YO IL
NamefTitle: Margaret Higgins, Exec. Secretary
Attest:
fltctl t faA C~t....
(SEAL)
LEGAL REVIEW:
l~ f6t1'Lf ~ M2Cf/{-IL
Print Name District Counsel
Title:
&~ W~(L
APPROVED /AS TO
FORM & LANGUAGE
& FOR EXECUTION
Michael Schloss, Esq.
Print Name
~~ '&Ih
City MD V- ~
ItemlSeg, No,:
Managing Dist.:
StateRoad No,:
County:
Parcel No,:
4152301
Six
MacArthur Causeway
Miami-Dade
6080 (RWMS 3250)
Second Addendum to Lease Agreement
This Agreement made this day of 2005, is the Second Addendum to the Lease
Agreement dated between the Florida Department of Transportation and the City of
Miami Beach. The purpose of this agreement is to document the following changes to the Lease Agreement
between the parties:
L Article 2, Use, Page I, paragraph three is hereby deleted in its entirety and the following shall substitute:
Any activities in any way involving hazardous materials of any kind whatsoever as those may be defined
under state of federal laws or regulations, is specifically prohibited, The use of hazardous materials and
hazardous substances on the leased property is prohibited. Lessee shall be responsible for the performance
of and payment of any environmental remediation on the leased property that may arise out of the Lessee's,
or its respective officers, invitees, agents, employees, contractors, guests or licensees, activities on the
leased property, but excluding any claims resulting from the intentional or negligent acts of Lessor, and its
respective officers, employees, agents, invitees, guests, contractors and licensees, If any contamination,
either spread to or was released onto adjoining property as a result of Lessee's use of the leased property,
the Lessee shall be held similarly responsible, The Lessee shall indemnify, defend and hold harmless the
Lessor from any claim, loss, damage, cost, charge or expense arising out of such contamination caused by
the Lessee's use of the leased property,
2. Article 6, Page 2, Indemnification, the following shall be added: Notwithstanding anything contained
herein to the contrary, Lessee shall not be obligated or liable to Lessor, nor to any third parties, for any
costs, liabilities, expenses, losses, claims, or damages, including without limitation, reasonable attorney's
fees or disbursements at the trial level and all levels of appeal, in respect of claims relating to death of, or
injury to persons, or loss of , or damage to, property, and resulting from, arising out of or incurred in
connection with or during the performance of the Lease, for any amounts in excess of those limitations on
the statutory waiver of sovereign immunity provided under Florida Statute, Section 768,28 (or any
successor statute thereto), or with respect to any claims resulting from the intentional or negligent acts of
Lessor, its officers, invitees, Lessees employees, agents, guests, licenses, agents or contractors.
State of Florida Department of
Transportation
VL-.
Name: ]),fVtD })i::-7lIJ1ML
Witness:_~~lMtfJ ct-t c1u,
Name: g.O ISOt.T PMttHtIfL-
By:
John Martinez, P.E.
District Secretary
Witness:
Margaret Higgins
Executi ve Secretary
Legal Review
Att~~~ir.Q Beach
FORM & LANGUAGE
Cit4'lJI0R"B{e0UTION
Legal Review:
Michael Schloss, Esq,
District General Counsel
2///0)-
Date