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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO : Walter J. Foeman DATE : December 6, 1995 FILE A#95-294
City Clerk
Attn: Sylvia Lowman SLIWECT : Motion 95-519
FRO' 0 1 E. Maxwell REFERENCES : Your fax of this date
puty City Attorney
ENCLOSURES:
I have reviewed the proposed Motion 95-519. Following, please find Motion 95-519, as revised,
which, I believe, more accurately reflects the City Commissions' directions in this matter:
A MOTION DESIGNATING COMMISSIONER DE YURRE TO
PARTICIPATE IN ANY NEGOTIATIONS REGARDING THE
PROPOSED SALE OF THE COMMODORE BAY TRACT BY
ITS OWNERS, SHOULD SUCH NEGOTIATIONS INVOLVING
THE CITY OCCUR; FURTHER, DESIGNATING VICE
MAYOR PLUMMER TO ASSIST IN SUCH NEGOTIATIONS;
FURTHER, DIRECTING THE CITY MANAGER TO
CONSULT, DURING ANY SUCH NEGOTIATIONS, WITH
ATTORNEYS JOSEPH Z. FLEMING, GARY HELD AND
PARKER THOMSON, WHO HAVE SUCCESSFULLY
REPRESENTED THE CITY AS SPECIAL OUTSIDE LEGAL
COUNSEL IN CONNECTION WITH COMMODORE BAY
TRACT LITIGATION.
C' *> V I
cc A. Quinn Jones, III m ; 1�
City Attorney w/attachment
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Walter J. Foeman
November 9, 1995 FILE
DATE
To City Clerk
SUBJECT
Commodore Bay Tract
Motion 95-519
FROM Beverly Solomon REFERENCES
City Commission Meeting
Legislative Coordinator
July 13, 1995/Item 1-A
ENCLOSURES:
Please be advised that the action
taken by the City
Commission on July 13, 1995, concerning the
Commodore Bay Tract
(Item 1-A), should be reflected as Motion
95-519 and not as a
Resolution.
W043:BSS
CC: A. Quinn Jones, III, City Attorney
Joel E. Maxwell, Deputy City Attorney
._Sylvia Lowman, Chief Deputy City Clerk
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
The Honorable Mayor
and Members of the City Commission
DATE : June 28, 1995
SUBJECT:
Agenda Item for the
July 13,1995 City
FILE :
FROM : w REFERENCES : Commission Meetingice Yurre
Commissioner ENCLOSURES:
I shall bring up an item at 9:00 am at our July 13th Commission meeting with reference
to the acquisition of the property known as "Commodore Bay Tract."
We are all well aware of the history of the property and of the interest by the owners to
develop it, while at the same time the strong sentiment that has existed by the Coconut
Grove community opposing such development.
For years I have believed that the best use for this property is to incorporate it into our
waterfront park scheme along with Peacock Park and the Barnacle. It is a natural.
Unfortunately, the always very important issue of money has kept this from coming to
fruition.
However, now we have great news as it seems that for the first time this matter of money
may be resolved with the help of other entities.
Attached you will find two documents, one from the State of Florida Department of
Environmental Protection and also an Agreement and Release of Deed Restrictions and
Reverter between the Board of Trustees ot the Internal Improvement Trust Fund of the
State of Florida and the City of Miami.
Based on the information provided by these instruments and with the additional
assistance of Dade County through its Environmentally Endangered Lands Program and
other interested sources there is a very strong possibility that at this time the conditions
are set to make this dream a reality.
I shall ask in the form of a motion that I be appointed by the Commission to work in
conjunction with our administration to seek the monetary resources and pursue the
purchase of this property.
Thank you for your cooperation.
cc: Cesar H. Odio, City Manager
Elvi Gallastegui, Agenda Office
P833
95 519
Department ®f
Environmental ProtectIon
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Gevorner Nao& 728"40 ►�!� Wetl�r;tP
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June 21, ` 1 25 NIA TRUPAX 305-48t-'-4033
Mr. Caesbtr H. Odie
City Manag r
city ofkimi
3500 Pan` erican Drive
Miami, FL 3139
R : Sarnac a Addition
Deer Mr., a io: ;
Pleas review the attached "agreement and release of`'deed
restrictio a and reverted" elated October 21, 1985.
it ha been determined by the Land Acquisition Adviaor'y
Council that this in a binding agreement and we have set funds
aside acco Jingly.
Ws are prepared, along with your participation to pr6ceed to
acquireit is pArcel, Further, I understand that perhaps Lucie
County ih ough their Environmentally Endangered Lands Program,
will part cipate in the funding.
P14a a contact me at your earliest convenience eo-that we
may pur'h se this valuable resource for the Citizens' of Miami,
Dade Cuba y_and the State of Florida.
Sincexolyl
r y F dams
Land Acqu si.tion Agent
Bureau of Land Acquisition
Division f State Lands
JFAlld
Enclosure
cc: Emilie M. Young, Director
Mi. halel R. Goldstein, Esq. 9 5 — ' 519 ,
I/
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AGREEMENT AND RELEASE OF DEED RESTRICTIONS AND REVERTER
AGREEMENT made and entered into this day of
October,!1985► by and between the BOARD OF TRUSTEES OF THE
INTERNAL) IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA
("TRUSTEES") and the CITY OF MIAMI► a municipal corporation of
the Stag of Florida ("CITY")i
WHEREAS, the TRUSTEES conveyed to the CITY certain
lands,ad�jacent to Sayfront Park as more particularly described in
Deed No. 19447, recorded in Deed Book 3130; at page 257, in the
Publid ecords of Dade County! and
WHEREAS, the above described deed contains certain
restrictions, as set forth herein, regarding the use and develop-
ment of isuoh lands! and
WHEREAS, a portion of the above described lands is
included within an area that the CITY has leaned for the develop-
ment of a 'waterfront specialty center to be known an Bayside
Special Cmnters and
! WHEREAS, the CITY wishes the property described in
Exhibit A attached hereto and made a part hereof to be released
from the aforementioned deed'restrictionsf and
WHEREAS, the TRUSTEES find that increased public access
and eAj ant of Biscayne Day and the Miami River is desirables
and
WHEREAS, the TRUSTEES and the CI-rY desire to establish
t msc�a ism to enhance public access to CITY waterways,
i
NOW THEREFORE, the parties in consideration of the
mutual promisee and covenants contained herein, agree as followet
1. The TRUSTEES hereby release the property which is
described in Exhibit A attached hereto and made'a.part hereof
from the following restrictions and reverters set forth in that
certain( eed from the TRUSTEES in favor of the CITY OF MIAMI,
dated';Fe.Luary 24, 1947 and recorded in Deed Book 3130, Page 257,
'u 113
of the Public Records of Dade County, Florida, tb..'witflj:1''
l : Gl1 91 63, G6.
A
• f
PROVIDED, HOWEVER, anything herein to
' I the contrary notwithstanding, this Good is
igiven and granted upon the express condition
subsequent that the Grantee herein or its
_ i successors and assigns shall never sell or
convey or lease the above described land or
any part thereof to any private person, firm
or corporation for.any private use or purpose,
it being the intention of this restriction
j that the said lands shall be used solely for
public purposes, including municipal purposes
and not otherwise.
PROVIDED, HOWEVER, anything herein to the
contrary notwithstanding, this deed is given
and granted upon the further express condition
subsequent that the Grantee herein or its
successors or assigns shall not give or grant
any license or permit to any private person,
firm or corporation to construct or make by
any means, any islands, fill, embankments,
structures, buildings or other similar things
within or upon the above described lands or
or any part thereof for any private use or
purpose, ae distinguished from any public or
municipal use or purpose.
It is covenanted and agreed that the above
conditions subsequent shall run with the land
and any violation thereof shall render this
deed null and void and the above described
'lands shall, in such event, revert to the
Grantors or their successors.
The term of this release of restrictions and reverter
shall eo ncide with the original term and the renewal options
contaihot in that certain lease between the CITY and Sayside
Center;L mited partnership, dated January 14, 1985 (hereinafter
referred to as "Retail Parcel -Lease") together with all replace
ments,'s bstitutions, renewals, modifications and extensions
thereof, a copy of which is on file at the Office of the City
Clerk. a Trustees recognize that the title to the property
describe in Exhibit A is presently vested in the City.
2, The CITY shall forthwith establish the Biscayne
Bay/Mia River Land Acquisition Trust Fund ("TRUST.FUND") as an
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ongoing source of funds to purchase real property -adjacent to the
Miami Ai and Biscayne Bay in order to provide public access to
and publib enjoyment of those waterbodies.
' 3. The Trust Fund shall be funded from a portion of
rents roe ived by the CITY pursuant to the Retail Parcel Lease.
Annually, the CITY shell pay into the Trust Fund 7.4% of "Rental"
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as dafined in Section 2.5 of the Retail parcel Lease, such an -
payments to begin upon the first anniversary of the rent _
comrencement date.
4. Tre CITY shall develop a priority list of propoe
acquisitions of,lands within the corporate limits of the CITY
adj;cent to Biscayne Bay or the Miami River. The purpose of
priority list is to identify lands suitable for public enjoyme
and recreation and preserve for all time public acese to CITY
wat rways. The priority list of proposed acquisitions shall b
subject to The
approval. The first acquisition shall be t
Barn`cle Addition in Coconut Grove commonly referred to as the
"Cc odors Bay Tract", provided, however, that the CITY will n
be' r quired to purchase the Barnacle Addition unless the
Sale tion Committee places said property on the Conservation a
and ecreational Lands'(CARL) or Save Our Coast acquisition li
and 'e State then agrees to pay 503 of the purchase price of
prop rty.
5. In the event the Trust Fund does not contain suf.
fici 0t funds to pay for 501 of the purchase price of the
Sar,n_cle Addition, the CITY and the State shall enter into an
agteement pursuant to which the State will advance the necessai
fund for the purchase to the CITY and the CITY will reimburse
the Spate for the amount advanced plus interest at an annual
inter st rate equal to the average interest rate of State
ind,es�ed fundst provided, however that no interest shall accrue
` until after five years from the date said funds are advanced.
6. In the event the CITY receives monies from the
State for the acquisition of the Barnacle Addition as set fortt
in pa agraph 5 hereinabove, then the CITY's"required contribu
tiona to the TRUST FUND shall increase to an amount equal to
17.8% of the Rental received from the Retail Parcel Lease, and
its:c ntributions to the TRUST FUND shall continue at such
incra sad rate until such time as both the principal and inters
arelp id off, at which time the percentage payments to be made
the,CIY to the TRUST FUND shall be reduced to 7.41 of the Rent
received from the Retail Parcel Leads.
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9. Monies from the TRUST FUND shall be expended only
for acival costs of acquiring projects on the priority list and
improvemente on lands so acquired. Improvements shall include
the fo;lowing, shoreline enhancement, landscaping, erosion
control, boardwalk and ancillary park furniture, fishing piers
i
and dodks and conservation measures.
I
S. The CITY and the TRUSTEES covenant that none of thi
revenu s generated pursuant to paragraph (3) above shall suppian-
any or all funds budgeted or to be budgeted by the CITY or the
STATE lor acquisition and maintenance or parks and recreational
projec s within the CITY.
9. In the event the CITY refuses or fails to perform
any dg eement or covenant contained herein, the release of
restrictions and reverter contained in paragraph one of this
agreement shall not terminate but shall remain in full force and
effect and the remedies of the TRUSTEES shall be to enforce the
provisions of this agreement against the CITY by proceedings at
law or in equity by way of specific performance, mandamus,
injuhct,ion or otherwise as may be appropriate.
IN WITNESS WHEREOF, the BOARD OF TRUSTEES OF THE
INTEkNPL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA and the
CITYO MIAMI have hereunto subscribed their hands and affixed
their seals on the day and year first hersinab w written.
ov orn 140191ity ENDANNE , R.
Kevin ) . C Exec ive Director of the
General Counsel Dept. of Natural Resources
ON BEHALF OF THE BOARD OF
TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND
a
A*V::eC
The City o M am , a mun c pal
corporation of the State of
M�Yclol k Florida
Byt
erg o Pere ra, C t Ma gel
Approv s Form and
Corr ne
uc a 111*rf boug er y,
City;A torney
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