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HomeMy WebLinkAboutR-02-0460J-02-320 4/24/02 RESOLUTION NO. 02— 460 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE MODIFICATION NO. 2 TO THE EXISTING LEASE AND DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH PARROT JUNGLE AND GARDENS OF WATSON ISLAND, INC. ("PARROT JUNGLE") FOR THE PURPOSE OF EXCLUDING APPROXIMATELY .21 ACRES OF REAL PROPERTY, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A" ATTACHED HERETO, WHICH IS THE RIGHT-OF-WAY OF THE FLORIDA DEPARTMENT OF TRANSPORTATION, IN EXCHANGE FOR APPROXIMATELY .28 ACRES OF REAL PROPERTY, AS MORE PARTICULARLY DESCRIBED IN `EXHIBIT B" ATTACHED HERETO. WHEREAS, the City of Miami ("City") entered into a Lease and Development Agreement with Parrot Jungle and Gardens of Watson Island, Inc. ("Parrot Jungle") on September 2, 1997 for an initial 45 -year term, with a 15 -year option period; and WHEREAS, Parrot Jungle began construction pursuant to its lease at the end of year 2000; and WHEREAS, Parrot Jungle recently discovered that approximately .21 acres of its lease area is Florida Department of Transportation right-of-way; and WHEREAS, Parrot Jungle has requested its lease area be amended to exclude the right-of-way; and ATTACHMENT F 1I CCS 1 114,2 CITY CQMMISSI0N MEETING b£ APS' 2 5 2002 Resolution No. 02- 460 WHEREAS, at the time the lease boundaries for a botanical garden were drawn, the design of the roadway system within Watson Island was incomplete; and WHEREAS, the roadway is nearing completion and there exists an area of land between the back of sidewalk and Parrot Jungle's lease boundaries that will need to be maintained; and WHEREAS, Parrot Jungle has agreed to assume responsibility for this area as part of its lease area and will landscape and maintain it; 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 authorized!' to execute Modification No. 2 to the existing Lease and Development Agreement, in substantially the attached form, with Parrot Jungle and Gardens of Watson Island, Inc. ("Parrot Jungle") for the purpose of excluding approximately .21 acres of real property, as more particularly described in "Exhibit A" attached hereto, which is the right-of-way of the Florida Department of Transportation, 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 provisions of the City Charter and Code. Page 2 of 3 02-- 460 in exchange for approximately .28 acres of real property, as more particularly described in "Exhibit "B" attached hereto. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' PASSED AND ADOPTED this 25th ATTEST: PRISCILLA A. THOMPSO CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: 1. � `e %w JANDRO VILA LLO C TY ATTORNEY W6156:tr:LB day of April , 2002. MANUEL A. DIAZ, R 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 02- 460 MODIFICATION TO LEASE AND DEVELOPMENT AGREEMENT THIS MODIFICATION TO LEASE AND DEVELOPMENT AGREEMENT (the "Modification") is made as of the day of , 2002, between the CITY OF MIAMI, a municipal corporation in the State of Florida, acting by and through the City Manager (the "City Manager"), and with the approval of the City Commission of Miami, having its offices at 3500 Pan American Drive, Miami, Florida 33133 ("Lessor" or "City") and PARROT JUNGLE AND GARDENS OF WATSON ISLAND, INC., a Florida corporation, f/kla PARROT JUNGLE & GARDENS, INC., a Florida corporation, whose principal office is located at 11000 Southwest 57 Avenue, Miami, Florida 33156 ("Lessee"). RECITALS WHEREAS, Lessor and Lessee are parties to that certain Lease and Development Agreement, dated as September 2, 1997 (the "Lease"); and WHEREAS, Lessor and Lessee desire to modify the Lease as hereinafter set forth. NOW, THEREFORE, in consideration of the premises, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Lessor and Lessee, agree to be legally bound, and hereby agree as follows: The above recitals are true and correct and are hereby incorporated and referenced as if fully set forth herein. Unless otherwise indicated, all capitalized terms used in this Modification shall have the respective meanings given them in the Lease. 2. The Lease is modified in the following respects: (a) Article I is hereby amended as follows: (1) the Subject Property is amended to exclude the area as legally described and depicted in Exhibit "A". (2) the Subject Property is amended to include the area legally described and depicted in Exhibit "B". 3. All references in the Lease to the "Lease" or the "Lease Agreement" shall hereafter refer to the Lease, as modified by this Modification. 4. So long as a Leasehold Mortgage is in existence, unless a Leasehold Mortgagee consents in writing thereto, fee title to the Subject Property and Lessee's interest in this Lease shall not merge, notwithstanding the acquisition of fee title and the Leasehold by Lessor or Lessee. 02- 460 5. Lessor and Lessee represent to each other as follows: (a) That each has, and has exercised, the applicable Legal Requirements necessary to adopt, execute and deliver this Modification; and (b) This Modification has been duly executed and delivered by each and constitutes a valid and binding obligation of each enforceable in accordance with its terms, conditions and provisions; and (c) Lessor specifically represents that the execution and delivery of this Modification has been duly authorized and is in accordance with and pursuant to all Applicable Laws (including without limitation those of the Lessor) and the Constitution of the State of Florida. (d) Except as modified herein, all of the terms and provisions of the Lease are ratified and reaffirmed and shall remain in full force and effect. IN WITNESS WHEREOF, Lessor has caused this Modification to be executed in its name and on its behalf by the City Manager of the City of Miami, Florida, the City Clerk of the City of Miami, Florida, and the Lessee as signed as of the date herein first above written. ATTEST: Priscilla A. Thompson City Clerk LESSOR: CITY OF MIAMI, a municipal corporation of the State of Florida ma Carlos A. Gimenez City Manager APPROVED AS TO FORM AND CORRECTNESS: Alejandro Vilarello City Attorney 02- 460 ATTEST: Mary H. Levine Secretary PARROT JUNGLE & GARDENS OF WATSON ISLAND, INC., a Florida corporation, f/k/a PARROT JUNGLE & GARDENS, INC., a Florida corporation By: Bernard M. Levine President 02- 460 SKETCH & DESCRIPTION FOR: EXHIBIT "--,A A PORTION OF SECTION 31-53-42, WATSON ISLAND, DADE COUNTY, FLORIDA LAND DESCRIPTION: That portion of WATSON ISLAND lying and being in Sections 31 and 32, Township 53 South, Range 42 Ecs°. described as follows: COMMENCE at a point known as P.T. STATION 25+50 of the official map of location and survey o.f. o portion of Section 8706, designated as a part of State Road A -1-A in Dade County, Florida as recorded in Plat Book 56 at Page 71 of the Public Records of Dade County, Florida, said point being the point of tangency of the centerline of the most northerly curve of General Douglas Mac Arthur Causeway, running southeasterly from the northwesterly corner of Watson Island and having c radius of 1432.69 feet and a central angle of 62°00'00"; thence N60°52'45"E, along the northeasterly prolongation of the radial line of the above mentioned curve for a distance of 130.00 feet to a point on the easterly right-of-way line of said Mac Arthur Causeway as recorded in Official Records Book 18018, Page 1171 and Official Records Book 18699, Page 1236 of the Public Records of Dade County, Florida; thence N29°07' 15"W, along said right-of-way line, 256.28 feet to a point of curvature of a curve concave to the southwest; thence northwesterly along the arc of said curve, having a radius of 926.00 feet and a central angle of 25°46'26", a distance of 416.55 feet; thence N54°53'41"W, 3.51 feet to the POINT OF BEGINNING; thence continue N54°53'41"W, 157.45 feet to a point of curvature of a curve concave to the southwest; thence northwesterly along the arc of said curve, having a radius of 1454.25 feet and a central angle of 16°22'32", a distance of 415.64 feet; thence N18°43'47"E, radially to the last and next described curves, a distance of 4.77 feet to a point on a non -tangent curve, concave to the southwest; thence northwesterly along the arc of said curve, having a radius of 1459.02 feet and a central angle of 03°50'38", a distance of 97.89 feet (the preceding six courses and distances being coincident with the easterly and northeasterly right-of-way line of said Mac Arthur Causeway as recorded in Official Records Book 18018, Page 1171 and Official Records Book 18699, Page 1236 of the Public Records of Dade County); thence S34°54' 16"W, 18.80 feet to a point of curvature of a non -tangent curve concave to the southwest (a radial line to said point bears N14°36'45"E); thence southeasterly along the arc of said curve, having a radius of 1441.25 and a central angle of 20°27'49", a distance of 514.75 feet to a point of compound curvature of a curve concave to the southwest; thence southeasterly along the arc of said curve, having a radius of 1090.64 feet and a central angle of 06°47' 18", a distance of 129.22 feet; thence N90°00'00"E, 35.33 feet to the POINT OF BEGINNING. Said lands lying and being on Watson Island, Dade County Florida and containing 0.21 acres, more or less. SURVEYOR'S REPORT: 1. Reproductions of this Sketch are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3. The land description shown hereon was prepared by the Surveyor. 4. Bearings shown hereon are based on the centerline of Douglas Mac Arthur Causeway having a bearing of N29°07' 15"W. 5. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Minimum Technical Standards set forth in Chapter 61G17-6, Florida Administrative Code, pursuant to S chon 472.027, Florida Statutes. Date:--0�-/ag- - - � 'J/_�------y1---aT..�-- MICHAEL D. AVIROM, P.L.S. Florida Regisrrution No. 3268 AVIROM & ASS CIATES, INC. L.B. No. 33000 ? - 460 REVISIONSo��A AVIROM &ASSOCIATES, INC. JOB NO. 5970-11A ?� _..._ SURVEYING & MAPPING SCALE: 1" = 200' j 50 S.W. 2ND AVENUE, SUITE 102 DATE: 02/08/02 BOCA RATON, FLORIDA 33432 TEL. (561) 392-2594. FAX (561) 394-7125 DRAWN BY: 4BCISHED 02102 AVIRCM & ASSOCIATES. INC. AL_ RwN'S RESERVED. SHEET: OF: 2 SKETCH & DESCRIPTION FOR: EXHIBIT A PORTION OF SECTION 31-53-42, WATSON ISLAND, DADE COUNTY, FLORIDA Z�=031150' 38" R=1459.02' e`sC� L=97.89' YNR. N 18'43' 47"E (RADIAL) 4.77' Q A=16°22' 32" R=1454.25' ' L=415.64 z, — _ \ N54053'41"W - ...�. \. 157.45' A=20027'49" \ PARROT JUNGLE R=1441.25' \ P.O.B. &GARDENS L=514.75' L=06047'18':# R=1090.64 \ \ L=129.22' N90°00' 00"E \ 35.33' N54°53'41"VV \ \ 3.51' n=25°46'26" \ R=926.00' \� \ L=416.55' \ \ \� EASTERLY R/'N LIVE ABBREVIATION LEGEND: Baseline CL Centerline A Central Angle D.C.R. Dade County Records L Arc Length L.B. Licensed Business P.B. Plat Bock PG. Page P.L.S. Professional Land Surveyor P.O.B. Point of Beginning P.O.C. Point of Commencement P. T. Point of Tangency R Radius R/W Right—of—Way. =62°0000•• \\�Gc �s� R= 1432.69' L=1550.32' r160'52'45"E \ ` (RADIAL) 130.00' P.O.C. (P.T STATIC% 2550) — \ (P B. 5 PG. 7 1, D.C.R) G (PARCEL 101) - DEED PER Q.R.B. (D.R.B. 13699/ 1236. D.C.P. 02 X460 REVISIONS �4AVIROM & ASSOCIATES, INC. JOB NO. 5970-11A SURVEYING & MAPPING SCALE: 1" = 200' 50 S.W. 2ND AVENUE, SUITE 102 DATE: 02/08/02 BOCA RATON, FLORIDA 33432 TEL. (561) 392-2594, FAX Mel) 394-7125 DRAWN BY: M.M.K. 484.ISHED \ 02002 AVIROM do ASSOCIATES. INC. ALL RIGHTS RESERVED. SHEET: 2 OF: SKETCH & DESCRIPTION FOR: EXHIBIT a_u A PORTION OF SECTION 31-53-42, WATSON ISLAND, DADE COUNTY, FLORIDA LAND DESCRIPTION: That portion of WATSON ISLAND lying and being in Sections 31 and 32, Township 53 South, Range 42 East, described as follows: COMMENCE at a point known as P.T. STATION 25+50 of the official map of location and survey of a portion of Section 8706, designated as a part of State Road A -1—A in Dade County, Florida as recorded in Plat Book 56 at Page 71 of the Public Records of Dade County, Florida, said point being the point of tangency of the centerline of the most northerly curve of General Douglas Mac Arthur Causeway, running southeasterly from the northwesterly corner of Watson Island and having a radius of 1432.69 feet and a central angle of 62°00'00"; thence N60°52'45"E, along the northeasterly prolongation of the radial line of the above mentioned curve for a distance of 670.74 feet; thence S09052'53"E, 387.30 feet to the POINT OF BEGINNING; thence continue S09°52'53"E, 470.00 feet; thence N60°52'45"E, 30.75 feet; thence N08°45'06"W, 49.29 feet; thence N09°52'53"W, 180.24 feet; thence N13°41'45"W, 134.32 feet; thence N13°41'15"W, 94.07 feet; thence S89°32' 37"W, 15.03 feet to the POINT OF BEGINNING. Said lands lying and being on Watson Island, Dade County Florida and containing 0.28 acres, more or less. SURVEYOR'S REPORT: 1. Reproductions of this Sketch are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3. The land description shown hereon was prepared by the Surveyor. 4. Bearings shown hereon are based on the centerline of Douglas Mac Arthur Causeway having a bearing of N29007' 15"W. 5. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Minimum Technical Standards set forth in Chapter 61G17-6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. L �o��U Date:—p 2------------------- -.-.-- AV...�,-, MICHAEL 0.AVIROM P.L.S. Florida Registration N�,..3268 AVIP.OM & ASSOCIATES, SNC. L.B. No. 330C _UJ,__ REVISIONS fT' As AVIROM &ASSOCIATES, INC. SURVEYING & MAPPINGSCALE: 60 S.W. 2ND AVENUE. SUITE 102 BOCA RATON. FLORIDA 33432DRAWN (561) 392-2594. FAX (661) 394-7126 ©2CC2 AVIRCM k ASSOCIATES. INC. -LL RIGHTS RESERVED. J06 N0. 5970-11C t" = 200' DATE: 02/08/02 BTEL. SHEET: t OF: SKETCH & DESCRIPTION FOR: EXHIBIT A PORTION OF SECTION 31-53-42, WATSON ISLAND, DADE COUNTY, FLORIDA alsc qY F 4 �\ PARROT JUNGLE & GARDENS X. o Ln un o. P.O.B.— , P.O.C. (P.-. _ ;T:'0N 25-50) 71, D.C.R.) 9'p' yG : =RCEL 10 1) - DEED PER�_� O.R.B. 18018/1171 &��1 :.R.6. 18699/1236. D.C.R. -9G ABBREVIATION LEGEND: \� � Baseline fL Center re D Centrc, Al�gle D.C.R. Dade Cc.,ity Records L Arc Le^c-h L.B. Licensed Business P.B. Plat B -,c. PG. Page P.L.S. Profess :7cl Land Surveyor P.O.B. Point --= 53 --ginning P.O.C. Point f --ommencement P.T. Point ct `angency R Radius R/W Right - o f -Wcy. S89°32' 37"W 15.03' N13°41' 15"W 94.07' \ 02 N 13°41' 45"W 134.32' N09052'53"W 180.24' N08°45' 06"W 49.29' N60°52' 45"E 30.75' E,• f REVISIONS;;0"� AVIROM &ASSOCIATES, INC. J08 N0. 5970-11C SURVEYING & MAPPING SCALE: 1" = 200' 60 S.W. 2ND AVENUE. SUITE 102 DATE: 02/08/02 BOCA RATON. FLORIDA 33432 TEL. (661) 392-2594. FAX (661) 394-7125 DRAWN BY: MJM.". eC:SHEO ©2002 AVIROM k ASSCCIA TES. INC. ALL RIGHTS RESERVED. SHEET: 2 OF: CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Commission RECOMMENDATION CA -17 DATE: ResolutlPon 1ut110I1Z1Ilg Modification to Parrot SUBJECT: Jungle Lease and Development Agreement REFERENCES: April 25, 2002 ENCLOSURES:Commission Agenda FILE : The administration recommends that the Miami City Commission adopt the attached Resolution authorizing the City Manager to execute Modification No. 2 to the Lease and Development Agreement, in substantially the attached form (the "Modification"), between the City of Miami and Parrot Jungle and Gardens of Watson Island, Inc. ("Parrot Jungle') for the purpose of excluding from the Subject Property approximately .21 acres of real property which is Florida Department of Transportation ("FDOT") for right-of-way and providing to Parrot Jungle in exchange approximately .28 acres of real property. BACKGROUND The City of Miami entered into a Lease and Development Agreement with Parrot Jungle and Gardens of Watson Island, Inc. on September 2, 1997 for an initial term of forty-five (45) years with a 15 -year option period. Parrot Jungle has been under construction since year-end 2000. Recently Parrot Jungle discovered that approximately .21 acres of their lease area is within existing FDOT right-of-way. Therefore, they have requested that their lease area be amended to exclude this area. In exchange for the exclusion of this area, the City proposes to grant to Parrot Jungle approximately .28 acres on the east side of its lease property. At the time the lease boundaries for the proposed botanical garden were drawn, the design of the roadway system within Watson Island was incomplete. The roadway is nearing completion and there exists a strip of land between the back of sidewalk and Parrot Jungle's lease boundaries that will need to be maintained. Parrot Jungle has agreed to assume responsibility for this parcel as part of its lease area and 0 will landscape and maintain it. There is no financial impact to the City. CAG:DB19f Cover Memo for RESO 02- 460