HomeMy WebLinkAboutR-03-0188J-03-175
2/27/03
RESOLUTION NO. 03— 188
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO ENTER INTO A MEMORANDUM OF
UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH BAYSHORE PROPERTIES, INC. TO
CORRECT AN ERROR IN THE LEGAL DESCRIPTION
RELATED TO THE PROPERTY CURRENTLY LEASED BY
BAYSHORE PROPERTIES, INC., FROM THE CITY OF
MIAMI.
WHEREAS, the City of Miami is the lessor under that certain
lease agreement entered into with Bayshore Properties, Inc.
("Bayshore"), dated September 20, 1985, and recorded October 21,
1987, at Official Records Book 13451, Page 2986, of the Public
Records of Dade County, Florida, (the "Lease"); and
WHEREAS, "Exhibit All of the Lease contains the legal
description of the property leased to Bayshore under the terms of
the Lease, ("Property"); and
WHEREAS, said legal description was erroneously described in
"Exhibit A" of the Lease; and
WHEREAS, Bayshore, and its successors and assigns,
("Tenant"), have continuously and without interruption, exercised
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`Y COMMISSION
MEETING OF
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Resolution No.
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all dominion and control over the Property throughout the Lease
term; and
WHEREAS, the Tenant has, during the Lease term, paid rent to
the City from revenues attributable to its use and operation of
the Property, and the City has accepted all such rent payments;
and
WHEREAS, the City wishes to correct the aforementioned error
in the legal description by re -stating said description in the
manner set forth in Schedule 1, attached and incorporated;
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 adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorizedll to enter
into a Memorandum of Understanding, in substantially the attached
form, with Bayshore Properties, Inc. to correct an error in the
legal description related to the property currently leased by
Bayshore Properties, Inc. from the City.
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.
Page 2 of 3 rr�
03— 188
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.V
PASSED AND ADOPTED this 27th day of February , 2003.
MANUEL A. DIAZ, MAYOR
In accordance with�Gode Sec. 2-36, since the Mayor did not indicate approval of
this legd9tion by S in the designated place provided, said legislation now
becomes effective wi tits elapse of ten (10) day41rqm the date of commission action
regarding same, without the Mayor exercising a vote.
ATTEST: Priscilla A. Th mpson, City rk
PRISCILLA A. !'HOMPSON
CITY CLERK
PROVE F RM CORRECTNESS:eX
DRO VILARELLO
TY ATTORNEY
W6965:tr:AS:BSS
zi If the Mayor does not sign this Resolution, it shall become
effective at the end of ten 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.
Page 3 of 3
03- 188
MEMORANDUM OF UNDERSTANDING
WHEREAS, the City of Miami, a Municipal Corporation of the State of Florida, (the
"City"), is the lessor under that certain lease agreement entered into with BAYSHORE
PROPERTIES, INC., ("BAYSHORE"), dated September 20, 1985, and recorded October 21,
1987, at Official Records Book 13451, Page 2986, of the Public Records of Dade County,
Florida, (the "Lease"); and,
WHEREAS, Exhibit "A" of the Lease contains the legal description of the property
leased to BAYSHORE under the terms of the Lease, (the "Property"); and,
WHEREAS, said legal description was erroneously described in Exhibit "A" of the
Lease; and,
WHEREAS, BAYSHORE, and its successors and assigns, ("Tenant"), have
continuously and without interruption, exercised all dominion and control over the Property
throughout the Lease term; and,
WHEREAS, Tenant has, during the Lease term, paid rent to the City from revenues
attributable to its use and operation of the Property, and the City has accepted all such rent
payments; and,
WHEREAS, City wishes to correct the aforementioned error in the legal description by
re -stating said description in the manner set forth in Schedule 1, attached hereto and made part
hereof.
WITNESSETH
1. The foregoing recitals are true and correct.
2. Exhibit "A" attached to the Lease is hereby corrected to read in its entirety in the form
attached hereto as Schedule 1 to this Memorandum of Understanding.
3. The City is executing this instrument merely to correct the aforementioned error. This
instrument is not to be interpreted as amending the Lease in any way whatsoever nor shall it
have the effect of granting Tenant any rights not otherwise contained in the Lease.
IN WITNESS WHEREOF, the City has executed this instrument at Miami, Florida, on
the day of , 2003.
ATTEST:
Priscilla A. Thompson, CITY CLERK
APPROVED AS TO FORM AND
CORRECTNESS:
Alejandro Vilarello
CITY ATTORNEY
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
The foregoing statements were acknowledged before me this
by
Personally know to me
Produced Identification
Type of Identification
My Commission Expires:
Joe Arriola, CITY MANAGER
APPROVED AS TO INSURANCE
REQUIREMENTS:
Diane Ericson
RISK ADMINISTRATOR
day of 12003,
Notary Signature
Notary Name Printed
03- 188
SCHEDULE 1 TO CORRECTION OF MEMORANDUM OF UNDERSTANDING
SEE ATTACHED
3. 188
CITY OF MIAMI
CITY ATTORNEY'S OFFIC A=10
MEMORANDUM
TO: Mayor and Members of the City Commission
FROM: Alejandro Vilarello, City Attorney
DATE: February 20, 2003
RE: Proposed Resolution for City Commission Meeting — February 27, 2003
Resolution for authorization for the City Manager to enter into a
Memorandum of Understanding with Bayshore Properties, Inc. to
correct legal description of property (J-03-175)
The attached Resolution seeks authorization for the City Manager to enter into a
Memorandum of Understanding with Bayshore Properties, Inc. to correct an error in the legal
description of the property currently leased by Bayshore Properties, Inc. from the City of Miami.
W831:AS
c: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator
03- 188