TO: Mayor and Commissioners
FROM: John Morgan, Director Environmental Services
THROUGH: Donald B. Cooper, City Manager
DATE: May 17, 2016
Title
LEASE AGREEMENT & ADDENDUM FOR SIDEWALK CAFES ON ATLANTIC AVENUE WITHIN THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) RIGHT-OF-WAY
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Recommended Action:
Recommendation
Motion to approve the Lease Agreement and Addendum for sidewalk cafes on Atlantic Avenue within the Florida Department of Transportation's (FDOT) right-of-way with a one time payment of $7,950 for the appraisal fee incurred by the FDOT, and not to exceed annual payments of $14,400.00 for the term of the agreement.
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Background:
The City currently owns and maintains the section of Atlantic Avenue from the east side of Swinton Avenue to the west side of NE/SE 5th Avenue. In late 2014, the Florida Department of Transportation (FDOT) met with staff to discuss their intent to charge the City fees which prompted discussions relating to the future ownership of Atlantic Avenue. FDOT expressed their intent to levy fees within their right-of-way (ROW) pertaining to: 1) Valet parking spaces, 2) Sidewalk cafes, and 3) Metered parking spaces.
Subsequent meetings with the FDOT resulted in staff considering the idea of owning the east portion of Atlantic Avenue from NE/SE 5th Avenue to SR AIA. In response , FDOT advised Staff that areas west of Swinton Avenue to NW/SW 12th Avenue would also need to be included in such an arrangement. A primary factor in consideration of this request is FDOT's reluctance to permit paver brick crosswalks in their ROW; which prevents the creation of the City's standardized look throughout the downtown corridor.
On September 16, 2015, Staff concluded that the ownership of Atlantic Avenue, as described above, would be a financial burden to the City, therefore decided not to move forward with the ownership of Atlantic Avenue from FDOT. FDOT was subsequently notified of Staff's decision not to move forward with the ow...
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