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File #: R-2016-340    Version: 1 Name: FDOT lease
Type: Resolution Status: Passed
File created: 10/20/2016 In control: Office of the City Manager
On agenda: 12/14/2016 Final action: 12/14/2016
Title: A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Executive The Attached Lease Agreement And Addendum Thereto ("Lease") Between The State Of Florida Department Of Transportation ("Lessor") And The City Of Hollywood ("Lessee"), For The Public Purpose Of Facilitating Commercial End-Uses Within The Rights-Of-Way Along The Western Perimeter Of US1 / Young Circle.
Attachments: 1. FDOT- Lease RESOLUTION NO.pdf, 2. FDOT Lease Agreement Rev.pdf, 3. FDOT Lease Addendum.pdf, 4. terfdotleasesidewalkcafes.pdf, 5. BIS 17034.pdf

Title

A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Executive The Attached Lease Agreement And Addendum Thereto (“Lease”) Between The State Of Florida Department Of Transportation (“Lessor”) And The City Of Hollywood (“Lessee”), For The Public Purpose Of Facilitating Commercial End-Uses Within The Rights-Of-Way Along The Western Perimeter Of US1 / Young Circle.

 

 

Body

 

Staff Recommends:   Approval Resolution

 

 

Explanation:

 

The Florida Department of Transportation (FDOT) maintains property for public purposes for the citizens of the State of Florida and is permitted by law to lease rights-of-way to other public entities to further accommodate the public needs of the State of Florida.

 

On June 4th, 2003 the City Commission passed and adopted Resolution No. R-2003-164, which authorized the execution of a non-monetary lease between FDOT and the City for a period of 10 years with an option to renew for an additional 5 years. 

 

A policy change implemented by FDOT has been modified to assess a market value fee for any utilization of FDOT right-of-way that results in a commercial end-use and because of this policy change, FDOT is requiring that both a new lease and an addendum.  The addendum includes a modification to design standards, insurance requirements and market valuation for the use of FDOT’s rights-of-way.  

 

It is the City’s desire to continue permitting sidewalk café’s with the rights-of-way along the western perimeter of US1 / Young Circle.  Even with the exchange of consideration, it is in the best interest of the citizens of the State of Florida and the City to continue utilizing lands acquired for public purpose.

 

Recommended for inclusion on the agenda by:

Dr. Wazir Ishmael, City Manager

Gus Zambrano, Assistant City Manager for Sustainable Development

Shiv Newaldass, Chief Development Officer