Reso 2009-1433 - Laserfiche WebLink

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23 CFR. Part 710 AIRSPACE AGREEMENT 575-060-32 RIGHT OF WAY OGC - 06/07 Page 1 01 7 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ITEM/SEGMENT NO.: 248953/2489741 MANAGING DISTRICT: Six F.A.P. NO.: 6268012U /6268009U STATE ROAD NO.: 826 COUNTY.: Miami-Dade PARCEL NO.: 3129 THIS AGREEMENT, made this J I ~ I day of ...) fA I ~ ,2009 , between The City of Sunny Isles Beach at 18070 Collins Avenue. Sunny Isles Beac . Florida 33160 (Lessee) and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (Department), an agency of the State of Florida (State). WITNESSETH: 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 Section337.25, 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 gradeline, 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 State Road 826 which includes the property described in Exhibit "A" attached hereto and made a part hereof, which right of way is part of a highway on a Federal Aid 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: for the benefit of the City of Sunny Isles Beach to provide public amenities. 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: 1. Premises The premises hereto are true and correct and form an integral part of this Agreement. 2. Term The Department does hereby lease unto Lessee the airspace above or below gradeline of the property for a period of five (5) years beginning with the date of this Agreement. One renewal of this Agreement may be made for five (5) years '. 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.