HomeMy WebLinkAboutR-98-0820J-98-882
8/14/98
RESOLUTION NO. 9 8- 820
A RESOLUTION, WITH ATTACHMENTS, RESCINDING
RESOLUTION NO. 98-754, IN ITS ENTIRETY, AND
SUBSTITUTING IN LIEU THEREOF THE HEREIN RESOLUTION
AUTHORIZING THE CONVEYANCE OF APPROXIMATELY 15,087
SQUARE FEET OF CITY -OWNED REAL PROPERTY, HEREINAFTER
REFERRED TO AS PARCEL 120, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A
PART HEREOF (THE "PROPERTY"), TO THE FLORIDA
DEPARTMENT OF TRANSPORTATION FOR USE AS RIGHT-OF-WAY
IN CONNECTION WITH THE SOUTHWEST 2ND AVENUE BRIDGE
RECONSTRUCTION (THE "PROJECT"), AT A SALE PRICE OF
$682,000, SUBJECT TO SAID SALE CLOSING BY
SEPTEMBER 30, 1998; AUTHORIZING THE CITY MANAGER TO
EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"),
IN SUBSTANTIALLY THE ATTACHED FORM, AND TO
CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE
TERMS AND CONDITIONS OF THE AGREEMENT, WHICH TERMS
MAY BE AMENDED BY THE CITY MANAGER AS MAY BE
NECESSARY IN ORDER TO EFFECTUATE SUCH SALE IN AN
EXPEDITIOUS MANNER; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT TO ACQUIRE A
TEMPORARY CONSTRUCTION EASEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM; PERMITTING FDOT TO UTILIZE
APPROXIMATELY 8,754 SQUARE FEET OF CITY -OWNED LAND
HEREINAFTER REFERRED TO AS PARCEL 702, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "B" ATTACHED
HERETO AND MADE A PART HEREOF, FOR USE AS A
CONSTRUCTION STAGING AREA FOR A PERIOD OF THREE
YEARS WITH CONSIDERATION TO BE PAID IN THE AMOUNT OF
$96,000; AUTHORIZING THE CITY MANAGER TO CONSUMMATE
SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND
CONDITIONS OF SAID AGREEMENT, WHICH TERMS MAY BE
AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY IN
ORDER TO EFFECTUATE SUCH TRANSACTION.
WHEREAS, the Florida Department of Transportation ("FDOT")
is finalizing plans for the construction and improvement of the
Southwest 2nd Avenue Bridge, Section 87100-2611, located in
IA TTA CHM EN T (S)
CONTAINED
CZrY
XMT1XG or
AUG 14 1998
Aftalutift ff. .
98- 820
Miami -Dade County, Florida (the "Project"); and
WHEREAS, it is necessary for FDOT to acquire certain lands
now owned by the City in order to effectuate said construction;
and
WHEREAS, on July 21, 1998, the City Commission adopted
Resolution No. 98-754 authorizing the sale of certain City -owned
real property to the Florida Department of Transportation for use
as right-of-way in connection with the Project; and
WHEREAS, FDOT requires the City utilize its form of Purchase
and Sale Agreement; and
WHEREAS, in accordance with Florida Statutes, FDOT cannot
close on a sale within thirty (30) days of the date of execution
of the purchase and sale agreement; and
WHEREAS, the City Commission has determined it to be in the
best interest of the City to extend the date of closing in order
to comply with said Statute;
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 hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. Resolution No. 98-754, adopted July 21, 1998,
is hereby rescinded in its entirety.
Section 3. The sale of approximately 15,087 square feet
of City -owned real property with improvements, hereinafter
referred to as Parcel 120, as more particularly described in
- 2 - 98- 820
Exhibit "A" attached hereto and made a part hereof (the
"Property"), to the Florida Department of Transportation, at a
sale price of $682,000 is hereby approved, subject to closing
taking place prior to September 30, 1998.
Section 4. The City Manager is hereby authorized to
execute a Purchase and Sale Agreement (the "Agreement"), in
substantially the attached form, with FDOT and to consummate such
transaction in accordance with the terms and conditions of the
Agreement which terms may be amended by the City Manager as may
be necessary in order to effectuate such sale in an expeditious
manner.
Section 5. The City Manager is hereby authorizedll
to execute an agreement to acquire a temporary construction
easement, in substantially the attached form, to permit FDOT and
its employees, agents, contractors, consultants, subcontractors
or anyone directly or indirectly employed by any of the
aforementioned, the right to enter upon approximately 8,754
square feet of City -owned real property, hereinafter referred to
as Parcel 702, as more particularly described in Exhibit "B",
attached hereto and made a part hereof, for the sole purpose of
properly staging construction equipment, materials and supplies
which are to be utilized for construction activities for the
Project, said Easement Agreement to be for a term of three years
with consideration to be paid to the City in the amount of
l� 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.
- 3 -
98- 820
$96,000; further authorizing the City Manager to consummate such
transaction in accordance with the terms and conditions of the
agreement, which terms may be amended by the City Manager as may
be necessary in order to effectuate such transaction.
Section 6. This Resolution shall become effective upon
its adoption and signature of the Mayor2-/.
PASSED AND ADOPTED this 14th day of August , 1998.
AS TO(FOXM AND CDRRECTNESS:
VILARELLO ,
NEY pv�Q'),y
1:LB: BSS
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.
- 4 -
98- 820
EXHIBIT A
PARCEL 120
PROJECT 87100-2611
Tliat part of TRACTS I and 2, RIVERSIDE PLAZA as recorded in Plat Book 139, Page 43, of the
Public Records of Dade County, Florida and being a portion of Section 37, Township 54 South,
Range 41 East. ••
More particularly described as follows:
BEGINNING at the Northeast corner of said TRACT 2; thence along the East boundary of said
TRACTS 2 and 1 also being the Westerly right-of-way line of S.W. 2nd Avenue, the following six
(6) courses: 1) S 02' 1535" E for 4.5S0 meters (14.93 feet); 2) S 02' 16'29" E for 7.338 meters
(24.07 feet); 3) S 87.43'31" W for 0.838 meters (2.7S feet); 4) S 02'1V29" E for 94.723 meters
(277.96 feet); 5) S 00'2&S6" E for 24.683 meters (80.98 feet); 6) S 02' 16'29" E for 25.578 meters
(83.92 feet) to a point on the most Southerly boundary of said TRACT 1; thence along said
boundary, N 45.3937" W for 3S.03S axlets (114.94 feet thence N S2'3138" E for 19.437 meters
(63.77 feet); thence N 02' 16'29" . W for 77.346 meters (253.76 feet); thence N 00' 3 V 18' W for
22.762 meters (74.68 feet); thence N 8902943" E for 6.475 - meters (21.24 feet);. thence
N00.30' 14" W for 10.300 meters (33.79 feet) to a point on the North boundary of the'aforesaid
TRACT 2; thence along said boundary, N 87'42'40" E for 2.315 meters (7.60 feet) tQ the POngT
OF BEGD04ING.
Containing 1401.6 square meters (15087 square feet), more or less.
Danny L. Polk, PUS - OVI V97
Post, Buckley, Schuh & Jernigan, Inc.
98- 820
EXHIBIT B
PARCEL 702
PROJECT $7100-2611
That part of TRACT 1, RIVERSIDE PLAZA as recorded in Plat Boob 139, Page 43, of this Public
Records of Dade County, Florida and being a portion of Section 37, Township 54 South, Range 41
East.
More particuMy described as Wawa:
Commence at the most, Southaly caner of said TRACT 1; thence along the Soutberiy boundary of
said TRACT 1, N 45.39'37" W for 35.035 meters (114.94 feet) to the POINT OF BEGINNIN ,
thence contialing along said Soutbariy boundary, N 45039370 W for 23.509 metes (77.13 feet
thence N 43.52'13' E for 44.421 meters (145.74 feet thence S 02016W E for 36.658 metes
(120.27 FWX thence S 52'3113V W ax 19.437 meters (63.77 het) to the POINT OF BE INNIM.
Containing 813.3 square meters (875,4 square feet] more cc 1m
Damay L. Pak PLS • 08J18J97 :
Post, Bucideey, Schuh & Jadgaq Ion
98- 820
STATE OF FLOWA DEPARTMENT OF TRANSPORTATION FORM 5754*007
PURCHASE AGREEMENT i1GHT0f WAY
ooc - 0498
PNP 1 or 2
W.P. IJSEGMENT NO.: 2511681
MANAGING DISTRICT: 6
FAP NO.: XU-1675-(4)
STATE ROAD NO.: WA (SW 2nd Ave.)
COUNTY: Dade
PARCEL: 120
THIS AGREEMENT is made by and between: City of Miami, a Municipal Corporation
hereinafter referred to as SELLER and the STATE OF FLORIDA for the use and benefit of the State of Florida Department of
Transportation, hereinafter referred to as PURCHASER.
WITNESSETH
For and in consideration of the mutual covenants and conditions herein contained, SELLER hereby agrees to sell and PURCHASER
hereby agrees to buy the following property or interest therein, upon the following terms and conditions:
DESCRIPTION
(a)
® Real estate or interest therein, Identified as parcel 0120 and shown on Right of Way Maps for
W.P.IJSegment No. 2511681 incorporated herein by reference.
Q Fee Simple
O Permanent Easement (Section III.(b) does not apply)
O Temporary Construction Easement (Sections III.(b),111(c) and 111(d) do not apply)
O Leasehold Interest (Sections III (b & c) do not apply)
(b) Personal property identified as follows:
W F1 Outdoor Advertising structure identified by permit number
r
r�
(Sections III (b & c) do not apply)
il. PURCHASE PRICE
(a) Amount to be paid by PURCHASER to SELLER at dosing including fees and costs. $
(b) Amount to be paid by PURCHASER to SELLER upon surrender of possession $
(c) Itemized purchase price, fees and costs
Land and Improvements $ 528,000.00
Damages (Severance/Cost-to-Cure) $ 154,000.00
Business Damages $ 0.00
Attorney Fees $ 0.00
Appraiser Fees
ODA Structure
Other
Pe
TOTAL PURCHASE PRICE INCLUDING
FEES AND COSTS
$
$
$
0.00
0.00
0.00
682,000.00
0.00
$ 682.000.00
111. CONDITIONS AND LIMITATIONS
(a) It is mutually understood that this Purchase Agreement is executed by PURCHASER subject to final agency
acceptance. Final agency acceptance shall denote final approval of the purchase price and all terms and
conditions contained in this Purchase Agreement and constitutes the effective date of this agreement. A dosing on
this contract shall not be transacted prior to final agency acceptance. Notice of final agency acceptance shall be
evidenced by the signature of the Purchaser in Section VII herein and delivery to SELLER not sooner than 30 days
from the date of the negotiators signature in Section VI.
(b) SELLER is responsible for all taxes due and owing on the property as of the date of closing.
SELLER agrees that all current taxes for the year in which this agreement is made on the property acquired
shall be prorated and SELLER agrees to pay his and/or her share of said prorated taxes as of the date of
closing.
0 SELLER agrees to pay all taxes for the current year. 9 -_ 820
FORM 57503"7
RIGHT OF WAY
OGC - 04M
Popp 2 of 2
(c) SELLER is responsible for delivering unencumbered title to PURCHASER at closing. Any sums which
PURCHASER must expend to clear encumbrances shall be deducted at closing from the purchase price shown in
Section It. Seller shall be liable for any existing encumbrances or any encumbrances arising after closing as a
result of actions of the seller. The terms of this sub -section shall survive the dosing.
(d) Any extension of occupancy beyond the date of closing must be authorized by the PURCHASER in writing. During
the period from the date of closing until the SELLER surrenders possession to the PURCHASER, the SELLER
shall exercise diligent care in protecting the property from theft and vandalism. All property, whether real or
personal, included in this agreement shall be delivered to PURCHASER in the same condition existing as of the
effective date of this agreement, less any reasonable wear and tear.
(a) It is mutually understood that this property is necessary for transportation purposes and is being acquired under
threat of condemnation, pursuant to Section 337.27, Florida Statutes.
(� The outdoor advertising structure owner shall provide an executed ODA Permit Cancellation(s) (Form No. 575-
070-12) executed by the permit holder(s) and shall surrender or account for the outdoor advertising permit tag(s) at
or prior to receipt of payment for the ODA structure.
(9) Other:
IV. CLOSING DATE
This transaction shall be closed and the instrument of conveyance delivered within 60 days of the date of final agency
O acceptance. on or before September 30, 1998.
City This transaction shall be closedaad-tbe-raseiP-ef-WarreAEaGk..n rledgement-"ivered-wWg&69dey's-ef-4he date eF
FDOT Q finehagermyeseePteiiee-
V. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
ll
Typewritten
a leprinted pndwritten rovis ons provisions
n conflict thererted with. All adin denda, whetheed r hereto
wrrittendor handwnd ritten, aled ttached hall ereto must be
referenced and initialed in this section. In addition, all addenda must be signed by both the Seller and Purchaser.
There O is Q is not an addendum to this agreement.
VI. IN WITNESS WHEREOF, THE SELLER(S) have caused these presents to be executed in their respective name(s).
SELLER: PURCHASER:
STATE OF FLORIDA
Signature Date DEPARTMENT OF TRANSPORTATION
VII.
Name (Please Type or Print)
Social Security # / Federal Tax I.D. #
Signature
Name (Please Type or Print)
Social Security # / Federal Tax I.D. #
FINAL AGENCY ACCEPTANCE
Date
BY:
,t
Celia D. Bucalo, Acquisition Agent
Name (Please Type or Print)
N.
DATE:
IN WITNESS WHEREOF, the District Right of Way Manager has caused these presents to be accepted this day of
District Right of Way Manager
Assistant District Right of Way Manager
District Production Director
District Secretary
RECYCLED PAPER
98- 820
ADDENDUM TO PURCHASE AGREEMENT
THIS ADDENDUM is made this day of August, 1998, and is incorporated into and
made a part of that certain Purchase Agreement (the "Agreement") dated of even date herewith
between the City of Miami ("Seller") and the State of Florida, for the use and benefit of the State
of Florida Department of Transportation ("Purchaser"), for the sale and purchase of the real
property identified therein as Parcel 120 (the "Property").
1. IMPROVEMENTS TO CITY PROPERTY: The Property is a strip of land
located within the property owned by Seller and known as the Miami Riverside Center (the
"MRC Property"). Purchaser agrees to restore the sidewalk and the access to MRC Property to
substantially the same condition as existing prior to the sale of the Property to Purchaser.
Purchaser also agrees to build the "Riverwalk Improvements" substantially in accordance with
the plans prepared by Kunde, Sprecher, and Associates, Inc., dated , 1998.
Additionally, Purchaser shall be responsible, at its sole cost and expense, for the proper removal
and relocation of the sprinkler system located on the Property, so as not to affect the sprinkler
system located on the remainder part of the MRC Property, and for the relocation of trees located
on the Property to other areas within the MRC Property or elsewhere, as requested by the City.
This provision shall survive the closing the transaction contemplated by the Agreement.
2. APPROVAL BY OVERSIGHT BOARD: The State of Florida has appointed an
Emergency Financial Oversight Board (the "Oversight Board") which is empowered to review
and approve all pending City of Miami contracts. As a result, contracts shall not be binding on
the City until such time as they have been approved by the Oversight Board. Execution of this
Amendment by the City Manager shall constitute evidence of its approval by the Oversight
Board.
3. CONFLICT: In the event of a conflict between the provisions of the Agreement and this
Addendum, the provisions of this Addendum shall control.
IN WITNESS WHEREOF, the parties have executed this Addendum as of the day and
year first above written.
PURCHASER
STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION
By:
Celia D. Bucalo, Acquisition Agent
APPROVED AS TO FORM AND
CORRECTNESS
By:
Alejandro Vilarello, City Attorney
SELLER
CITY OF MIAMI,
a municipal corporation
By:
Donald L. Warshaw, City Manager
ATTEST:
By:
Walter Foeman, City Clerk
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 575-030-07
PURCHASE AGREEMENT RIGHT OF WAY
OGc - a.Ae
P"O I at 2
W.P. I./SEGMENT NO.: 2511681
MANAGING DISTRICT: 6
FAP NO.: XU-1675-(4)
STATE ROAD NO.: N/A (SW 2nd Ave.)
COUNTY: Dade
PARCEL: 702
THIS AGREEMENT is made by and between: City of Miami, a Municipal Corporation
hereinafter referred to as SELLER and the STATE OF FLORIDA for the use and benefit of the State of Florida Department of
Transportation, hereinafter referred to as PURCHASER.
WITNESSETH
For and in consideration of the mutual covenants and conditions herein contained, SELLER hereby agrees to sell and PURCHASER
hereby agrees to buy the following property or interest therein, upon the following terms and conditions:
1. DESCRIPTION
(a) ® Real estate or interest therein, identified as parcel 0702 and shown on Right of Way Maps for
W.P.IJSegment No. 2511681 incorporated herein by reference.
O Fee Simple
O Permanent Easement (Section III.(b) does not apply)
Temporary Construction Easement (Sections III.(b), III(c) and III(d) do not apply)
O Leasehold Interest (Sections III (b & c) do not apply)
(b) F71 Personal property identified as follows:
(c) F1 Outdoor Advertising structure identified by permit number.
(Sections III (b & c) do not apply)
I1. PURCHASE PRICE
(a) Amount to be paid by PURCHASER to SELLER at closing including fees aad costs.
(b) Amount to be paid by PURCHASER to SELLER upon surrender of possession
(c) Itemized purchase price, fees and costs
Land and Improvements
$
96,000.00 —wee&(*
Damages (Severance/Cost-to-Cure)
. $
_
0.00
Business Damages
$
0.00
Attorney Fees
$
0.00
Appraiser Fees
$
0.00
ODA Structure
$
0.00
Other
$
0.00
Pe
TOTAL PURCHASE PRICE INCLUDING
FEES AND COSTS
City
FDOT
$ 96,000.00 -77-000:04-
m of
City
FDOT
Cit
FDO
$ 96 , 000.00—F�eeO:A(-
III. CONDITIONS AND LIMITATIONS
(a) It is mutually understood that this Purchase Agreement is executed by PURCHASER subject to final agency
acceptance. Final agency acceptance shall denote final approval of the purchase price and all terms and
conditions contained in this Purchase Agreement and constitutes the effective date of this agreement. A dosing on
this contract shall not be transacted prior to final agency acceptance. Notice of final agency acceptance shall be
evidenced by the signature of the Purchaser in Section VII herein and delivery to SELLER not sooner than 30 days
from the date of the negotiator's signature in Section VI.
N/A (b) SELLER is responsible for all taxes due and owing on the property as of the date of closing.
USELLER agrees that all current taxes for the year in which this agreement is made on the property acquired
shall be prorated and SELLER agrees to pay his and/or her share of said prorated taxes as of the date of
closing.
O SELLER agrees to pay all taxes for the current year.
98- 820
FORM 575-030-07
RIGHT OF WAY
OGC - GQ98
Pop 2 0,
2
N/A (c) SELLER is responsible for delivering unencumbered title to PURCHASER at closing. Any sums which
PURCHASER must expend to dear encumbrances shall be deducted at dosing from the purchase price shown in
Section II. Seller shall be liable for any existing encumbrances or any encumbrances arising after closing as a
result of actions of the seller. The terms of this sub -section shall survive the closing.
N/A (d) Any extension of occupancy beyond the date of closing must be authorized by the PURCHASER in writing. During
the period from the date of closing until the SELLER surrenders possession to the PURCHASER, the SELLER
shall exercise diligent care in protecting the property from theft and vandalism. All property, whether real or
personal, included in this agreement shall be delivered to PURCHASER in the same condition existing as of the
effective date of this agreement, less any reasonable wear and tear.
(e) It is mutually understood that this property is necessary for transportation purposes and is being acquired under
threat of condemnation, pursuant to Section 337.27, Florida Statutes.
(� Q The outdoor advertising structure owner shall provide an executed ODA Permit Cancellation(s) (Form No. 575-
070-12) executed by the permit holder(s) and shall surrender or account for the outdoor advertising permit tag(s) at
or prior to receipt of payment for the ODA structure.
(g) Other:
IV. CLOSING DATE
This transaction shall be closed and the instrument of conveyance delivered within 60 days of the date of final agency
O acceptance. on or before September 30, 1998•
City Rel transaction shall be
FDOT dosed 4m4he-mereiloefwrerreM-ee.�knewledgerneM-delivered within s-of�dete-of
0 �neY gem
V. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions inserted herein or attached hereto as Addenda, and initialed by all parties, shall
control all printed provisions In conflict therewith. All addenda, whether typewritten or handwritten, attached hereto must be
referenced and initialed in this section. In addition, all addenda must be signed by both the Seller and Purchaser.
There O is O is not an addendum to this agreement.
VI. IN WITNESS WHEREOF, THE SELLER(S) have caused these presents to be executed in their respective name(s).
SELLER:
Signature Date
Name (Please Type or Print)
Social Security # / Federal Tax I.D. #
Signature
Name (Please Type or Print)
Social Security # / Federal Tax I.D. #
Date
PURCHASER:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
• l
Celia D. Bucalo, Acquisition Agent
Name (Please Type or Print)
DATE:
VII. FINAL AGENCY ACCEPTANCE
IN WITNESS WHEREOF, the District Right of Way Manager has caused these presents to be accepted this day of
District Right of Way Manager
Assistant District Right of Way Manager
District Production Director
District Secretary
RECYCLED PAPER
98- 820
ADDENDUM TO PURCHASE AGREEMENT
(Temporary Easement)
THIS ADDENDUM is made this _ day of August, 1998, and is incorporated into and
made a part of that certain Purchase Agreement (the "Agreement") dated of even date herewith
between the City of Miami ("Seller") and the State of Florida, for the use and benefit of the State
of Florida Department of Transportation ("Purchaser"), for a Temporary Construction Easement
on the real property identified therein as Parcel 702 (the "Easement Property").
1. IMPROVEMENTS TO CITY PROPERTY: Purchaser shall, at its sole cost and
expense, and at the City's request, relocate the trees located on the Easement Property to other
areas within the property owned by the Seller (the "MRC Property") or elsewhere, as requested
by the City. Further, prior to the termination of the term of the Easement, Purchaser shall
restore, at its sole cost and expense, any damage to the Easement Property and any other areas
that may be damaged by Purchaser's use of the property, in order that the property be delivered
by Purchaser to the Seller, upon termination of the term of the easement, in the same condition
that it was before its use by Purchaser. Purchaser's obligations hereunder include specifically,
without limiting the generality of the foregoing, restoration of the sprinkler system, the boat slip,
areas used for ingress and egress and the replacement of any and all landscaping. This provision
shall survive the closing the transaction contemplated by the Agreement.
2. INSURANCE: Purchaser agrees to require all persons or entities performing work
on or about the Easement Property, to include the Seller as insured in all insurance policies
covering the use of the Easement Property during the term of the Easement. At least thirty (30)
days prior to the commencement of the term of the Easement, and as a condition precedent to the
use of the Easement Property by Purchaser, Purchaser shall obtain, and deliver to the City, the
aforementioned insurance policy(ies) or certificates. Failure to maintain the required insurance
shall give Seller the right to terminate the Easement and prohibit Purchaser to enter the Easement
Property. This provision shall survive the closing the transaction contemplated by the
Agreement.
3. APPROVAL BY OVERSIGHT BOARD: The State of Florida has appointed an
Emergency Financial Oversight Board (the "Oversight Board") which is empowered to review
and approve all pending City of Miami contracts. As a result, contracts shall not be binding on
the City until such time as they have been approved by the Oversight Board. Execution of this
Amendment by the City Manager shall constitute evidence of its approval by the Oversight
IN WITNESS WHEREOF, the parties have executed this Joint Participation Agreement as of the
day and year first above written.
STATE OF FLORIDA, DEPARTMENT
OF TRANSPORTATION
CITY OF MIAMI, a municipal
corporation
By:
Celia D. Bucalo, Acquisition Agent
APPROVED AS TO FORM
AND CORRECTNESS:
By:
Alejandro Vilarello, City Attorney
By:
Donald L. Warshaw, City Manager
ATTEST:
By:
Walter Foeman, City Clerk
EXHIBIT A
PARCEL 120
PROJECT 87100-2611
That part of TRACTS 1 and 2, R1VL-RSME PLAZA as recorded in Plat Book 139, Page 43, of the
Public Records of Dade County, Florida and being a portion of Section 37, Township 54 South,
Range 41 East. 0.
More particularly described as follows:
BEGINNING at the Northeast corner of said TRACT 2; thence along the East boundary of said
TRACTS 2 and 1 also being the Westerly right-of-way line of S.W. 2nd Avenue, the following six
(6) courses: 1) S 02.15'35* E for 4.SS0 meters (14.93 feet); 2) S 02' 16'29" E for 7.338 meters
(24.07 feet); 3) S 87*43131' W for 0.838 meters (2.75 fact); 4) S 02' 16'29" E for 84.723 meters
(277.96 feetr 5) S 00'26'56' E for 24.60 meters (80.98 feet); 6) S 02' 16'29" E for 2S.578 meters
(83.92 feet) to a point on the most Southerly boundary of said TRACT 1; thence along said
boundary, N 45'3917" W for 3S.03S meters (114.94 fedy, thence N 52.31'38" E for 19.437 meters
(63.77 feet); thence N 02'16'29".W for 77.346 meters (253.76 feet); thence N 00'30'18" W for
22.762 meters (74.68 feet); thence N 89'2943" E for 6.475 - meters (21.24 feet);. thence,
N00'30'14' W for 10.300 meters (33.79 feet) to a point on the North boundary of the'aforesaid
TRACT 2; thence along said boundary, N 87.42'40' E for 2.315 meters (7.60 feet) to the POINT
OF BEGINNING.
Containing 1401.6 square meters (15087 square feet), more or less.
Danny L. Polk, PUS - 08/i V97
Post, Buckley, Schuh & Jernigan, Inc.
�s • U
EXHIBIT B
PARCEL 702
PROJECT 87100-2611
That part of TRACT 1, RIVERSIDE PLAZA as recorded in Plat Book 139, Page 43, of the Public
Records of Dade County, Florida and bang a portion of Section 37, Township 54 South, Range 41
East.
More particularly described as follows:
Commence at the most Soudw* corner of said TRACT 1; tome along the Southerly boundary of
said TRACT 1, N 45•39'370 W for 3S.03S meters (114.94 feet) to the POINT OF BEGR4MN ;
thence continuing along said Southerly boundary, N 4S'3V3T W for 23.509 motets M.13 feat,
thence N 43.57138 E for 44.421 motets (145.74 tbotX trance S 02016W E for 36.658 meters
(120.27 tbetX thmoe S S2'3198• W br 19.437 meters (63.77 lhet) to the POINT OF BERG.
Containing $13.3 square meters (8754 square feet, more at less.
Daimy L. Polk PLS - 08/18N97
Post, Buckley, Schuh dt ladgen, Ion
98-- 820
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 57S-076p7
PURCHASE AGREEMENT RICNTOFwAr
ooc-04W
W.P. IJSEGMENT NO.: 2511681 Pa0.1 of
MANAGING DISTRICT: 6
FAP NO.: XU-16T5-(4)
STATE ROAD NO.: WA (SW 2nd Ave.)
COUNTY: Dade
PARCEL: 120
THIS AGREEMENT is made by and between: City of Miami, a Municipal Corporation
hereinafter referred to as SELLER and the STATE OF FLORIDA for the use and benefit of the State of Florida Department of
Transportation, hereinafter referred to as PURCHASER.
WITNESSETH
For and In consideration of the mutual covenants and conditions herein contained, SELLER hereby agrees to sell and PURCHASER
hereby agrees to buy the following property or interest therein, upon the following terms and conditions:
1. DESCRIPTION
(a) ® Real estate or interest therein, identified as parcel 0120 and shown on Right of Way Maps for
W.P.IJSegment No. 2511681 incorporated herein by reference.
* Fee Simple
O Permanent Easement (Section III.(b) does not apply)
O Temporary Construction Easement (Sections III.(b), III(c) and 111(d) do not apply)
O Leasehold Interest (Sections ill (b & c) do not apply)
(b) Personal property identified as follows:
(c) F1 Outdoor Advertising stricture identified by permit number: (Sections III (b & c) do not apply)
II. PURCHASE PRICE
(a) Amount to be paid by PURCHASER to SELLER
at dosing
including fees acid costs. $ 682,000.00
(b) Amount to be paid by PURCHASER to SELLER upon surrender of possession $ 0.00
(c) Itemized purchase price, fees and costs
Land and Improvements
$
528,000.00
Damages (Severance/Cost-to-Cure)
$
154.000.00
Business Damages
$
0.00
Attorney Fees
$
-.
0.00 -
Appraiser Fees
$
0.00
ODA Structure
$
0.00
Other
a
0.00
TOTAL PURCHASE PRICE INCLUDING
FEES AND COSTS
$ 682,000.00
Ill. CONDITIONS AND LIMITATIONS
(a) It is mutually understood that this Purchase Agreement is executed by PURCHASER subject to final agency
acceptance. Final agency acceptance shall denote final approval of the purchase price and all terms and
conditions contained in this Purchase Agreement and constitutes the effective date of this agreement. A dosing on
this contract shall not be transacted prior to final agency acceptance. Notice of final agency acceptance shall be
evidenced by the signature of the Purchaser In Section VII herein and delivery to SELLER not sooner than 30 days
from the date of the negotiators signature in Section VI.
(b) SELLER is responsible -for all taxes due and owing on the property as of the date Of Dosing.
SELLER agrees that all current taxes for the year in which this agreement is made on the property acquired
shall be prorated and SELLER agrees to pay his and/or her share of said prorated taxes as of the date of
dosing.
0 SELLER agrees to pay all taxes for the current year. 9 8 - 820
FORM 575 M47
RIGHT OF WAY
OGC-04M
POW 2 or 2
(C) SELLER is responsible for delivering unencumbered title to PURCHASER at closing. Any sums which
PURCHASER must expend to clear encumbrances shall be deducted at closing from the purchase price shown in
Section II. Seller shall be liable for any existing encumbrances or any encumbrances arising after closing as a
result of actions of the seller. The terms of this sub -section shall survive the closing.
(d) Any extension of occupancy beyond the date of closing must be authorized by the PURCHASER in writing. During
the period from the date of closing until the SELLER surrenders possession to the PURCHASER, the SELLER
shall exercise diligent care in protecting the property from theft and vandalism. All property, whether real or
personal, included in this agreement shall be delivered to PURCHASER in the same condition existing as of the
effective date of this agreement, less any reasonable wear and tear.
(a) It is mutually understood that this property is necessary for transportation purposes and is being acquired under
threat of condemnation, pursuant to Section 337.27, Florida Statutes.
(� ❑ The outdoor advertising structure owner shall provide an executed ODA Permit Cancellation(s) (Form No. 575-
070-12) executed by the permit holder(s) and shall surrender or account for the outdoor advertising permit tag(s) at
or prior to receipt of payment for the ODA structure.
(g) Other: _
IV. CLOSING DATE
This transaction shall be dosed and the instrument of conveyance delivered within 60 days of the date of final agency
O acceptance• on or before September 30, 1998.
City This transaction shall be dosedJaad-the-receipt-ef-mare eekf�owtedgernent-delive►wPM#*i-66deys•"e-date -eF
FDOT 0 -fry"e-
V. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions inserted herein or attached hereto as Addenda, and initialed by all parties, shall
control all printed provisions in conflict therewith. All addenda, whether typewritten or handwritten, attached hereto must be
referenced and initialed in this section. In addition, all addenda must be signed by both the Seller and Purchaser.
There 0 is O Is not an addendum to this agreement.
VI. IN WITNESS WHEREOF, THE SELLER(S) have caused these presents to be executed in their respective name(s).
SELLER:
Signature Date
Name (Please Type or Print)
Social Security / Federal Tax I.D. #1
Signature Date
Name (Please Type or Print)
Social Security 0 / Federal Tax I.D.
VII. FINAL AGENCY ACCEPTANCE
PURCHASER:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
Celia D. Bucalo, Acquisition Agent
Name (Please Type or Print)
DATE:
IN WITNESS WHEREOF, the District Right of Way Manager has caused these presents to be accepted this day of
District Right of Way Manager
Assistant District Right of Way Manager
District Production Director
District Secretary
RECYCLED PAPER
98- 820
ADDENDUM TO PURCHASE AGREEMENT
THIS ADDENDUM is made this _ day of August, 1998, and is incorporated into and
made a part of that certain Purchase Agreement (the "Agreement") dated of even date herewith
between the City of Miami ("Seller") and the State of Florida, for the use and benefit of the State
of Florida Department of Transportation ("Purchaser"), for the sale and purchase of the real
property identified therein as Parcel 120 (the "Property").
1. IMPROVEMENTS TO CITY PROPERTY: The Property is a strip of land
located within the property owned by Seller and known as the Miami Riverside Center (the
"MRC Property"). Purchaser agrees to restore the sidewalk and the access to MRC Property to
substantially the same condition as existing prior to the sale of the Property to Purchaser.
Purchaser also agrees to build the "Riverwalk Improvements" substantially in accordance with
the plans prepared by Kunde, Sprecher, and Associates, Inc., dated , 1998.
Additionally, Purchaser shall be responsible, at its sole cost and expense, for the proper removal
and relocation of the sprinkler system located on the Property, so as not to affect the sprinkler
system located on the remainder part of the MRC Property, and for the relocation of trees located
on the Property to other areas within the MRC Property or elsewhere, as requested by the City.
This provision shall survive the closing the transaction contemplated by the Agreement.
2. APPROVAL BY OVERSIGHT BOARD: The State of Florida has appointed an
Emergency Financial Oversight Board (the "Oversight Board") which is empowered to review
and approve all pending City of Miami contracts. As a result, contracts shall not be binding on
the City until such time as they have been approved by the Oversight Board. Execution of this
Amendment by the City Manager shall constitute evidence of its approval by the Oversight
Board.
3. CONFLICT: In the event of a conflict between the provisions of the Agreement and this
Addendum, the provisions of this Addendum shall control.
IN WITNESS WHEREOF, the parties have executed this Addendum as of the day and
year first above written.
PURCHASER
STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION
By:
Celia D. Bucalo, Acquisition Agent
APPROVED AS TO FORM AND
CORRECTNESS
By:
Alejandro Vilarello, City Attorney
SELLER
CITY OF MIAMI,
a municipal corporation
By:
Donald L. Warshaw, City Manager
ATTEST:
By:
Walter Foeman, City Clerk
98-r 820
STATE OF FLORIOA OEPARTMENT OF TRANSPORTA,._.. FORM 57543",-
PURCHASE AGREEMENT RIGHT OF WAY
OGc - 045e
Pps 1 of 2
W.P. L/SEGMENT NO.: 2511681
MANAGING DISTRICT: 6
FAP NO.: XU-1675-(4)
STATE ROAD NO.: WA (SW 2nd Ave.)
COUNTY: Dade
PARCEL: 702
THIS AGREEMENT is made by and between: City of Miami, a Municipal Corporation
hereinafter referred to as SELLER and the STATE OF FLORIDA for the use and benefit of the State of Florida Department of
Transportation, hereinafter referred to as PURCHASER.
WITNESSETfi
For and in consideration of the mutual covenants and conditions herein contained. SELLER hereby agrees to sell and PURCHASER
hereby agrees to buy the following property or interest therein, upon the following terms and conditions:
I. DESCRIPTION
(a) ® Real estate or interest therein, identified as parcel 0702 and shown on Right of Way Maps for
W.P.IJSegment No. 2511681 Incorporated herein by reference.
O Fee Simple
Q Permanent Easement (Section III.(b) does not apply)
Temporary Construction Easement (Sections III.(b), III(c) and III(d) do not apply)
O Leasehold Interest (Sections III (b a c) do not apply)
(b) F71 Personal property identified as follows: ,
(c) Outdoor Advertising structure identified by permit number. (Sections III (b & c) do not apply)
It. PURCHASE PRICE
(a) Amount to be paid by PURCHASER to SELLER at dosing including fees and costs. $
(b) Amount to be paid by PURCHASER to SELLER upon surrender of possession $
(c) Itemized purchase price, fees and costs
Land and Improvements
$
96,000.00
Damages (Severance/Cost-to-Cure)
. $
0.00
Business Damages
$
0.00
Attorney Fees
$
0.00
Appraiser Fees
$
0.00
ODA Structure
$
0.00
Other
$
0.00
Pe
TOTAL PURCHASE -PRICE INCLUDING
FEES AND COSTS
City
FDOT
96,000.00 47;000.00-
M . I
City
FDOT
Cit
FDO"
$ 96,000.00-7:hGW79&
Ill. CONDITIONS AND LIMITATIONS
(a) It is mutually understood that this Purchase Agreement is executed by PURCHASER subject to final agency
acceptance. Final agency acceptance shall denote final approval of the purchase price and all terms and
conditions contained in this Purchase Agreement and constitutes the effective date of this agreement. A dosing on
this contract shall not be transacted prior to final agency acceptance. Notice of final agency acceptance shall be
evidenced by the signature of the Purchaser in Section VII herein and delivery to SELLER not sooner than 30 days
from the date of the negotiator's signature in Section VI.
N/A (b) SELLER is responsible for all taxes due and owing on the property as of the date of closing.
USELLER agrees that all current taxes for the year in which this agreement is made on the propeRY acquired
shall be prorated and SELLER agrees to pay his and/or her share of said prorated taxes as of the date of
closing.
O SELLER agrees to pay all taxes for the current year.
98- 820
FORM 575430.07
RMW OF WAY
OGC . o4m
P8W 2 of 2
N/A (c) SELLER is responsible for delivering unencumbered title to PURCHASER at closing. Any sums which
PURCHASER must expend to clear encumbrances shall be deducted at closing from the purchase price shown in
Section 11. Seller shall be liable for any existing encumbrances or any encumbrances arising after closing as a
result of actions of the seller. The terms of this sub -section shall survive the dosing.
N/A (d) Any extension of occupancy beyond the date of dosing must be authorized by the PURCHASER in writing. During
the period from the date of closing until the SELLER surrenders possession to the PURCHASER, the SELLER
shall exercise diligent care in protecting the property from theft and vandalism. All property, whether real or
personal, included in this agreement shall be delivered to PURCHASER in the same condition existing as of the
effective date of this agreement, less any reasonable wear and tear.
(e) It is mutually understood that this property is necessary for transportation purposes and is being acquired under
threat of condemnation, pursuant to Section 337.27, Florida Statutes.
(� n The outdoor advertising structure owner shall provide an executed ODA Permit Cancellation(s) (Form No. 575-
0-12) executed by the permit holder(s) and shall surrender or account for the outdoor advertising permit tag(s) at
or prior to receipt of payment for the ODA structure.
(g) Other.
IV. CLOSING DATE
This transaction shall be dosed and the instrument of conveyance delivered within 60 days of the date of final agency O
acceptance. on or before September 30, 1998•
City This
transaction shall be dosed feM4h&meeq*efwemnt e-*newledgerneM delivered within-fib-deys-041wdate-of
FDOT *�
V. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions inserted herein or attached hereto as Addenda, and initialed by all parties, shall
control all printed provisions in conflict therewith. All addenda, whether typewritten or handwritten, attached hereto must be
referenced and initialed in this section. In addition, all addenda must be signed by both the Seller and Purchaser.
There O is Q is not an addendum to this agreement.
VI. IN WITNESS WHEREOF, THE SELLER(S) have caused these presents to be executed in their respective name(s).
SELLER: PURCHASER:
STATE OF FLORIDA
Signature Date DEPARTMENT OF TRANSPORTATION
BY:
Name (Please Type or Print)
Social Security / Federal Tax I.D.
Signature
Name (Please Type or Print)
Social Security s / Federal Tax I.D. s
VII. FINAL AGENCY ACCEPTANCE
-•.
Celia D. Bucalo, Acquisition Agent
Name (Please Type or Print)
Date DATE:
IN WITNESS WHEREOF, the District Right of Way Manager has caused these presents to be accepted this day of
District Right of Way Manager
Assistant District Right of Way Manager
District Production Director
District Secretary
RECYCLED PAPER
98 8%9
ADDENDUM TO PURCHASE AGREEMENT
(Temporary Easement)
THIS ADDENDUM is made this _ day of August, 1998, and is incorporated into and
made a part of that certain Purchase Agreement (the "Agreement") dated of even date herewith
between the City of Miami ("Seller") and the State of Florida, for the use and benefit of the State
of Florida Department of Transportation ("Purchaser"), for a Temporary Construction Easement
on the real property identified therein as Parcel 702 (the "Easement Property").
1. IMPROVEMENTS TO CITY PROPERTY: Purchaser shall, at its sole cost and
expense, and at the City's request, relocate the trees located on the Easement Property to other
areas within the property owned by the Seller (the "MRC Property") or elsewhere, as requested
by the City. Further, prior to the termination of the term of the Easement, Purchaser shall
restore, at its sole cost and expense, any damage to the Easement Property and any other areas
that may be damaged by Purchaser's use of the property, in order that the property be delivered
by Purchaser to the Seller, upon termination of the term of the easement, in the same condition
that it was before its use by Purchaser. Purchaser's obligations hereunder include specifically,
without limiting the generality of the foregoing, restoration of the sprinkler system, the boat slip,
areas used for ingress and egress and the replacement of any and all landscaping. This provision
shall survive the closing the transaction contemplated by the Agreement.
2. INSURANCE: Purchaser agrees to require all persons or entities performing work
on or about the Easement Property, to include the Seller as insured in all insurance policies
covering the use of the Easement Property during the term of the Easement. At least thirty (30)
days prior to the commencement of the term of the Easement, and as a condition precedent to the
use of the Easement Property by Purchaser, Purchaser shall obtain, and deliver to the City, the
aforementioned insurance policy(ies) or certificates. Failure to maintain the required insurance
shall give Seller the right to terminate the Easement and prohibit Purchaser to enter the Easement
Property. This provision shall survive the closing the transaction contemplated by the
Agreement.
3. APPROVAL BY OVERSIGHT BOARD: The State of Florida has appointed an
Emergency Financial Oversight Board (the "Oversight Board") which is empowered to review
and approve all pending City of Miami contracts. As a result, contracts shall not be binding on
the City until such time as they have been approved by the Oversight Board. Execution of this
Amendment by the City Manager shall constitute evidence of its approval by the Oversight
Board.
IN WITNESS WHEREOF, the parties have executed this Joint Participation Agreement as of the
day and year first above written.
STATE OF FLORIDA, DEPARTMENT CITY OF MIAMI, a municipal
OF TRANSPORTATION . corporation
98- 820
By:
Celia D. Bucalo, Acquisition Agent
APPROVED AS TO FORM
AND CORRECTNESS:
By:
Alejandro Vilarello, City Attorney
By:
Donald L. Warshaw, City Manager
ATTEST:
Bv:
Walter Foeman, City Clerk
98- 820