HomeMy WebLinkAboutR-89-0440i
J-89-561
{ s/11/89
RESOLUTION N04
A RESOLUTION OF THE MIAMI CITY COMMISSION
RELEASING DEED RESTRICTIONS AND REVERTER
RIGHTS ON THE BELOW DESCRIBED PROPERTY OWNED
BY THE INTERNATIONAL OCEANOGRAPHIC
FOUNDATION`/, CONDITIONED UPON METROPOLITAN
DADE COUNTY RELEASING A DEED RESTRICTION
APPLICABLE TO SAID PROPERTY; ACCEPTING A
DONATION OF APPROXIMATELY $1,000,000 WORTH OF
HALF -SCHOLARSHIPS TO THE UNIVERSITY OF MIAMI
TO BE ALLOTTED TO THOSE STUDENTS NOMINATED BY
THE CITY COMMISSION WHO ARE CITY OF MIAMI
RESIDENTS AND WHO ARE DEEMED ELIGIBLE TO
ATTEND THE UNIVERSITY BY THE SCHOOL BOARD AND
THE UNIVERSITY.
WHEREAS, the City of Miami on June 7, 1972, granted,
conveyed, and gave, by City Deed, certain City -owned property
located on Virginia Key, which is more particularly described
upon the attached Exhibit "A", to the International Oceanographic
Foundation ("Foundation"), a publicly supported educational =
institution, its successors in interest and assigns, for its use
as an International Oceanographic Ocean Space Center Museum and
allied purposes only; and
WHEREAS, the above Deed contains what is legally termed as
reverter rights by which this property would revert, in fee
simple, to the City of Miami if the use of this property is not =
used for the operation of a Marine Stadium and allied purposes
only; and
WHEREAS, the Foundation, the current owners of said
property, have found the operation of Planet Ocean on that site
to be an uneconomical and infeasible operation; and
WHEREAS, the Foundation is desirous of conveying said
property to the Dade County School Board ("School Board") for the
purposes of operating a MAST2'1 Academy and related educational
This Foundation is closely related to the University of"
Miami, Coral Gables, Florida'
21/ This acronym stands for Military, Marine And Science „j
Technology. �xq
CITY .`T MWSSIW 4 'tip 1 SY
- MEETING,Qr , ; -
tF
4
{ is
and scholastic uses of the property, to be operated, conducted,
,.
and maintained by the School Board upon such property; and
WHEREAS, the Foundation cannot convey clear title to such
property without the release of said reverter rights upon this
property; and
�w
WHEREAS, the Foundation is an institution related to the
University of Miami, Coral Gables, Florida ("University"), and
ti=
the University has graciously donated to the City, as -
consideration for release of the City's reverter rights,
approximately $1,000,000 worth of scholarships to the University
i
to students nominated by the City Commission who are City of
Miami residents and who are academically qualified to enroll in
='
the University and unable to afford payment of regular University
tuition, as determined and deemed qualified by the School Board
!:
and the University; and
="
WHEREAS, the March 10, 1963 Deed from Dade County, Florida
to the City, by which the City acquired title to this property,
!
contained similar -type reverterrights in favor of Dade County,
-
j
from which the Foundation is similarly requesting a`waiver and
extinguishment; and
WHEREAS, the City's- release of its reverter'= rights Is
expressly conditioned upon a full release of reverter'='rights
being granted by Dade County to the,City and to -the Foundation;: —
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. Upon receipt' of -a duly executed release-'!'0f
'
reverter rights, from, Dade County relative to this property, the
City will release all reverter rights: and °deed restrictions upon
,
the'property'deeded:to"the International Oceanographic Foundation,._
xr
by City , deed dated June 7, 1972 j, recorded- = in ORB- 7a756 f: Tage
of the, Public -Records of Dade' County, Florida, which pr4perty:iis
Y'
4
x ,FE h
z
SF
r
-..
.. y
_—
A
I-AAN
WTI
more specifically described on Exhibit "A". Upon request Of the
Foundationt the City Manager is authorized to execute an
instrument extinguishing the dead restrictions /reverter rights,
subject to the City Attorney's approval as to legal form.
Section 3. The City hereby accepts the gracious and
generous donation of scholarships having a present value of
approximately $1,,000F000 to be allocated by the University to,
students nominated by the City Commission who are City of Miami
residents academically qualified to enroll in the University and
unable to afford payment of regular University tuition, and who
are determined eligible by the School Board and the University
based on their established criteria of determining financial need
and academic ability.
Section 4. The amount of scholarships shall consist of
120 haif -scholarships, and the University shall submit to the
City Commission, on a yearly basis, names of students who are
City of Miami residents and who have been determined eligible to
attend the University under normal University admission standards
,based on academic ability and who have the economic need for the
half -scholarships as determined by established criteria of the
University. The University will use its best efforts to use
federal entitlement programs, state vouchers and other comparable.
scholarship and tuition monies to make up the other half of the
scholarships, as needed. The City Commission will nominate
students on an annual basis by confirming the names of eligible
students submitted by the University for the scholarships being.
furnished by the University.
Section 5. The University shall submit to the City a
letter agreement, or similar instrument,, which sets forth the
precise terms,, amount, conditions, and duration, of this
approximately $1,000,000 scholarship fund given to the City :as
presented and outlined to the City Commission at the City
Commission Meeting held this date.
Section 6. The City release of reverter rights/de4df.
-
restrictions Is conditioned upon a substantially simi Ar. release ,','11
M-,
Y,
boific granted by Dade CountY-bo tfib'tity and Poundation'for thlol.-, ,
- 4 fph4 Q=atNIutinn fthall horn)Ina of fpctivg
4fa
,RAF L,9- SUAYOZ-RIVAS,
�-"ASSISTANT CtZY
ATTORNEY
-APPROVED AS TO
FORK AND CORRECTNESS2.
JO E L FE"MpEZ
•
CI y Or
RSR:yv:141081
................................. ............................
qva
"S
Z"A
eo
eo
T.,
i-6
10 *11 r56 742 t.
sit 4
•
"%Mumma.
L=TWI
cny
Jb
d"
of am$
covaty of boo Party Of
of do outs 09
Paige and in a
@IMPOSIN
-A Odm"ds"t Ifietiftesma runts surest G
Serowe woroutswo oses, primelps plow as buism is -so nabe-
0*00st "Womwe Waage rl"Ift, lam of do saw" ""I
w2vm2ml
"no gM eskA Party of the Met Parts CDT Old As some"'
orat"s of do oup of aw (11.00) Delta Ow saw Dead mod vew
able "Maidwatiowe reselpt of Ibbb to buoy AdwwIpI deals
bm4ft "Olose "losses Swasto ww8s"I sou and "my of do
said Party of the "@ad Perot ISS Osagoon" to interest SWO
assume IW Ow @WIN of soostrwass.
Sss as Uterostumast Ocoamparble *a*" wesa center amus MA
411"d twposop Golfe the followbe dessr" parsol of and 61two
Me was sod bvU4 on TOMIS" 9079 is the coos" of Wds ad
bate of It"Idso to wits
Coro we at the 8.80 am-seg of "etfies Us lourp
obip 34 sewft# Raw 42 Seats th000s Im north
d
or $60 4946 vast O&M the seetwfly lino of
6-44 1"Ifies 17 fee'a ducasse of I70t.52 heto
so" " less, to a pout of sawsswwtft WM
a We belt -W-00 fast OwthWUwlt
Parallel with* do 6"t" Us of
Owaa,nyt grass sr sue. 4 220 010 11000"
40.00 bog, cojossawl
age sad posb" ibi. WL%I. "I sew is
a 4"0on
as lopomm sw �
dserNNd •setts aeatlaPa M�sitsl�l G
we"821 or
is I 1 01,
Exhibit "A"
.0
I--
.1, J. 11 d
got;.
I 3i
7777'
M
• - ..
. f
t vest along said Ilse for a dietanse of 1M!•00
I feet to a Point; tbenea M South "a 37' 53"
West for a distance of 460.00 cost to a peinti
thence run south 41r 22, 07" east dens a The
being 200.00 fast northeasterly at, sad paralial
with, said center Ilse of Riehembaaber Causewy
• for a distanva of 971.03 test to a point: theses
no norelk d6 340 514" east for a distance of
449.37 feet to the Mat of soslwAss.
Consisting of 11.21 sores. All, in asewdenes
with Nap No. Kill. "*Ua attached hersts and
by referanes me" a part be to
It li the latencion of the party of the first part, by this :.
lastsuoent, to casual to the party of the second part sed-its sum* -
clamors to laterest and/or "signs for the Wes st'an lateraatlonal
_ Oceanographic Deese Space Center tbotun and allied palm only. �1
subject to the foilowbW toter and condittees:- -
" I. The charges for entry into the wwwas era to be
�i
sufficient to eovor the Cost of tdsislstraties,
operation and arf+t"Mme : -et: .y eety.
20 soutar7 sever facilitit •ed into the
City eolleetisa oyster -r forc, gain for psopsr
baadilag of sswq.
3* tatranes taco the ausoas will bo provided through
an !sternal road systss, when such rod syatoo =
is installed. .
A• All utilities will be placed underground. _
s. This dasd of 0snw7anso is made upon the o wreve
' . ""It&" that the land hersby "Evers$hall be
t pa"taailr wed aM nalotalsed for the parAMM
ti
"--Q G stor Wassm and ants! fae"M sub,, sad • "
la the aWent OM for above defamed ow"t of { '
LM stall andlar lss�ielarM"r
k
Ole
4,4
AM
OMIAU
• •15
's
_ • •"t ' 3
is
1
r:
AGREEMENT
entered into this �S+ day o
This agreement-�—"
!�
10840 by and between the City of Miamii a municipal corporation
of bade County, Florida, hereinafter referred to as "CITY"
and the international Oceanographic Foundation, hereinafter
referred to as "GRANTEE".
WITNESSETH:
the City Commission, by Resolution No. 84-166 of
WHEREAS,
February 9, 1984, allocated an,amount not to exceed $29000
to the International Oceanographic Foundation, monies from
Special Programs and Accounts, Contingent Fund; in
connection with the "Bounty of the Sea Food Festival";
NOW, THEREFORE, the City of Miami and the International
—
a
Oceanographic Foundation, do mutually agree as follows:
_
e
1. That the entire whereas section of this document shall
become an integral part of this agreement.
a
2. TERM
This Agreement shall commence April-28, 1984, for the
purpose of providing the services stipulated on Paragraph 3 of
this agreement and shall terminate on May 1, 1984.
3. GRANTEE AGREES
e
a) The GRANTEE shall hold a two day festival in conjunction
z
with other cultural events to be held at the Planet Ocean
grounds on April 28 and 29, 1984.,
b) Insure the safety and welfare of the participants and the
I
11
attending crowds by securing the services of the Cityts
y
Police, Fire and Sanitation Departments in the manner
!
prescribed by said Departments@
c) Obtain the necessary liceses and permits as prescribed.
n
M;
by City Code for these events.
-d) Facilitate the monitoring of this event by`,assi'sting'tte
} _
City Employee (s) assigned to:supervise these activities, }
Mi
1�
4 COMPENSATION.
—
=
a) The CITY shall pay ttie GRANTEE, as ca��ensatlo fog tY�e�
services outlined pursuant to Paragraph 3 'hereof, the. azacunt Q c
_
A
{ tx a{
f
_ _ , --
77
1
b) Said compensation shall be paid as reimbursement to the
GRANTEE upon presentation of original paid bills and/or
_l
professional services agreements on or before April 31st, 1984.
c) Such payment shall be made in accordance with the line
item budget attached and incorporated as a part of this
Agreement.
d) The GRANTEE and the CITY hereby agree that the maximum
amount payable under this contract shall not exceed $2,000.
All
5. TERMINATION OF CONTRACT
—
The CITY retains the right to terminate this Agreement at
any time prior to the completion of the services without penalty
to the CITY. In that event, notice of termination of this
Agreement shall be in writing to the GRANTEE who shall be paid
for expenses incurred prior to the date of the receipt of the
notice of termination. In no case, however, will the CITY pay
the GRANTEE an.amount in excess of the total sum provided by this
Agreement.
It is hereby understood by and between the CITY and the
GRANTEE that any.payments made in accordance with this Section to
the GRANTEE.shall bemadeonly if said GRANTEE is not in default,
pursuant:.to the terms of Paragraph 15.,or any other provisions,,of.
—
this Agreement, then the CITY shall in no way be obligated and"
shall not pay to the GRANTEE any sum whatsoever.
$-
6. GENERAL CONDITION
a) All notices or other communications which shall or may be
Y_
given pursuant to this Agreement shall be in writing.and,shall be
delivered by personal service, or by registered mail or by
telegraph addressed to the other party at the address indicated
i
,Y
herein or; as the same:may-be changed from time to time. Such
13'
notice: shall be -deemed given on the.day on,which personally;
served;.,,or if by mail, on the fifth day. after being -posted r,:.the U
date of actual receipt, whichever is earlier.
w
INTERNATIONAL OCEANOGRAPHICS FOUNDATION
3979 Rickenbacker ,Cau3ewa.
� �`p�
1 s w#a
_
Key Biscayne, Florida 3319.
k
1
t r
i
qq
l
21
1 j'!
CITY of MIA141 - 2600 South Sayshore Drive
Miami, Florida 33133
'
b) Titles and paragraph headings are for convenient
-
-
reference and are not a part of this Agreement.
e) In the event of conflict between the terms of this
—m
—
Agreement and any terms or conditions contained in documents, the
-
terms in this Agreement shall rule.
76 AWARD OF AGREEMENT
The GRANTEE warrants that they have not employed or retained
—
any person employed by the CITY. to solicit or secure this
Agreement and that they have not offered to pay, paid, or agreed
_
_
_
to pay any person employed by the CITY any fee, commission,
percentage brokerage fee, or gifts of any kind contingent upon
-
or resulting from the award of making this Agreement.
The GRANTEE.is aware of the conflict of interest laws of the
City of Miami (Miami City Code Chapter 2, Article V), Dade
_
County, Florida (Dade County Code, Section 2-11.1) and the
!
Florida Statutes, and agrees that they will fully comply in all
respects with the terms of said laws.'
-
$-:NON-DELEGABILITY
A
It isunderstood and agreed that the obligations -undertaken
—
by the GRANTEE pursuant to this Agreement shall .not be delegated
l
to any other"person or firm unless the CITY shall first consent
in writing to the performance of such services or any:part
4r
r-
thereof by another person or firm;
u
1
i,
9. CONSTRUCTION OF AGREEMENT
5
The parties hereto agree that this Agreement shall be:
construed and enforced according to the laws, statutes and case
t ~;
f
�
t4
laws of the State of Florida.
h
10. SUCCESSORS AND ASSIGNS
- This Agreement shall-be'binding-upon the `parties herein,
iA:
and
their. -,.heirs, executors, legal representatives, successors,
jxb
9
assigns:
11. -AUDIT RIGHTS
a)'The'GRANTEE=:shall prgvide -"the..CITX.with.aRiettr from�inf
independent Public Acoountant-(C,.P.A:)" whiah'
.Certi,fie.d
4
I
tT
i
48 WWI.
establishes that the GRANTEE'S internal controls are adequate to
safeguard their assets and property record funds. The CITY will
not release any funds to the GRANTEE prior to the receipt of this
letters
b) The CITY reserves the right to audit the records of the
GRANTEE at any time during the performance of this Agreement and
for a period of three years after final payment is made under
this Agreement.
c) The CITY will audit all GRANTEES receiving $15,000 or
more.
d) All GRANTEES receiving $25,000 or more agree to submit to
the City's Manager or his designee an independent audit, by a
certified public accountant, which must include the expression of
an opinion on the financial statements and accounts of funds.
Said audit shall be submitted to the City Manager or his designee
no later than 90 days after the termination of this Agreement or
final receipt of CITY funds, whichever is applicable.
12. INDEMNIFICATION
The GRANTEE shall indemnify and save the CITY harmless from
and against any and all claims, liabilities, losses, and cause of
action, which may arise out of the GRANTEE'S activities under ?
this Agreement, including all other acts or ommissions to act on
the art of the GRANTEE or an of theme including -any an
P Y : 8 y Person%
acting for or on his or their behalf, and, from and against any"
-
orders, judgments or decrees which may be entered, and from and
against any and all costs, attorney's fees, expenses and
r
liabilities incurred in the defense of any such claims, or :in the
investigation thereof.`_
13. CONFLICT OF INTEREST
The GRANTEE covenants that no person under its employ who
presently exercizes any functions or responsibilities,.in
connection with this -Agreement has any personaL'financieli�
interests, directior'indirect, in:.this<Agreement. The.GRANTEE x{,
f=
further.covenants that, in 'the performance.of this, Agreement, po r
person .having such eonfliGting interest, stall be .emoloyed. any
such Interests ' on .the part Q;f `the' GRAHTBE °`ar :,its emFloyees gust , ;,„.
-
r
r
�7 :;"`j _ S
-. ., .. --_—_ - — _. E �• 'i'FG�.�'e •. ti",yi* �4e•i - �•4.
�C� �a y MYY _
be.disclosed in writing to the CITY. The GRANTEE, in the
performance of this Agreement, shall be subject to the more
restrictive law and/or guidelines regarding conflict of interest
promulgated by federal, state or local government.
14, INDEPENDENT CONTRACTOR
—
The GRANTEE and its employees and agents shall be deemed to
be an Independent contractor, and not an agent or employee of the
CITY and shall not attain any rights or benefits under the Civil
Service or Pension Ordinance of the CITY, or any rights generally
afforded classified or unclassified employees; further he/she
-
shall not be deemed entitled to Florida Worker's Compensation
—
benefits as an employee of the CITY.
—
15. DEFAULT PROVISIONS
—
a
a) In the event the GRANTEE fails to comply with each and
every term and condition of this Agreement, the GRANTEE shall be
required to repay all funds advanced under this Agreement to the
_
CITY and the GRANTEE may not be eligible to apply for additional
grant funds.
b) In the event of default, the CITY may cancel and
terminate this Agreement, and said Agreement shall be null and
void of further force and effect.
'
16. NON-DISCRIMINATION
kF
.The GRANTEE agrees that there shall be no discrimination as
to race, sex, color, creed or national origin in connection with
any operations under this Agreement.'
17. WAIVER
No waiver of any provision hereof shall be deemed to have
been made unless such waiver be in writing signed by the City
Manager The failure of the CITY to insist upon the strict
performance of any of the provisions or conditions of this
Agreement -shall not be construed as waivingor relinquishing
the -.future any such covenants or conditions but the.;same_ fall
—
continue and remain full force and effect.
��.
.18. :CONTINGENCY CLAUSE
Funding for this Agreement is contingent upon the,
—
availability of. funds and continued authorization, fo�rx
f
x
i t
�
activities
authorization,
regulations.
COMPLIANCE WITH FEDERAL, ,, TATE AND LOCAL_ LAWS
ordinances
applicable
governments.
Specifically, the GRANTEE agrees to comply with Title vi of the
Civil Rights Act of 1964; Title YIII of the Civil Rights Act of
1
1968; Executive Order 11063; Executive Order 11264; Section 3 of
the Housing and Urban Development Act of 1968; as amended.
20. BONDING AND INSURANCE
a) During the term of this Agreement, the GRANTEE shall
maintain bonding and insurance coverages in the amounts as
determined by the Risk Management Division of the CITY. Whenever
applicable, the CITY shall be named as an additional insured.
b) The GRANTEE shall furnish certificates of insurance and
bonding, as required, to the CITY prior to commencing any
activities under this Agreement.
21. ASSURANCES AND CERTIFICATIONS
-The GRANTEE assures and certifies that:
a) All expenditures of funds will be made in accordance with
the proposal and line item budget (both of which are attached
hereto as Exhibits 1 and 2) as approved by the City Commission..
w:
b) CITY funds will NOT be co -mingled with any other -funds,
and that separate bank accounts and accounting records will be
maintained.
c) The expenditures of CITY funds will be properly
documented and such documentation will be maintained.
d) Periodic progress reports as requested by the CITY will.
F
be provided.
1 e) The GRANTEE will be personally liable for any CITY funds`
{ expended that were not consistent with the program approved .by
the City Commission or any funds expended not in accordance with'. }
proper accounting standards as determined by,a competent auditsag
authority.
f) No activity under this Agreement shall ,involve pQlitos r
-
7Fr sue. ICI -
t.
w.
a
_t• ._ ..mot _ _ _ .., ..,., z....t .__, ';%irvY.,.L.�A'GZti•{ •.!'A WIN
activities.
- 3
g) The GRANTEE possesses legal authority to enter into this
—�` Agreement; a resolution, motion, or similar action has been duly
adopted or passed as an official act of the GRANTEE'S governing
body, authorizing the execution of this Agreement, including all
F
understandings and assurances contained herein, and directing and
g
authorizing the person identified as the official representative
of the GRANTEE to act in connection with the GRANTEE and to
A
a provide such additional information as may be required.
22. AMENDMENTS
a The CITY may, at its discretion, amend this Agreement to
conform with changes in applicable City, County, State and
Federal Laws directives, guidelines and objectives. No
amendments to this Agreement shall be binding on either party
N
unless in writing and signed by both parties. Such amendments
shall be incorporated as a part of this Agreement upon review,
approval and execution by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed in their names by their duly authorized
officers and the corporate seals to be affixed hereto, all as.of
the day and year first above written.
{
� CITY OF MIAMI, a '
municipal corporation
of the State of Florida
ATTEST:
By
Ra ngie, Howard V.Wa.
City Clerk City Manager
d y
M)
x _.
PARKS & RECREATION
W escArn
10 JUN -7 AN 9 59 asoo OFL A 33131
XA M-Mg 1+�7t Se
r n
May 31,�04C-'
.
Ab
_ Mr. Carl Kern•
Director
Department of Parks
and Recreation
2600 South Bayshore Drive
Miami, Florida 33133
Dear Mr. Kern: -
As requested by our client, International Oceanographic Founda-
q
tion (10F), and in connection with�thof IOF�sOauditedsfinancialostate-
the City of Miami, I enclose a copy
merits for the year ended June 30, 1983.
_ we have performed an
A; indicated 's our unqualified
year ended June 30,
� examination of IOF's financial accepted auditing
standards, which
1983'in accordance with generally stern of internal accounting
examination included a review of the sY , in connection with our
control to the extent we deemed necessary
examination.
If you require additional information, please do not hesitate.
I
to call 'me . - , I —
Very .truly yours,
9
F cisco Olazabal
3�
4fice
f #; Enclosure
As stated
r
—
[ J _
1
,d
for all City Contracts it as follow"
ity clexk (originE—.-i
Vinahce Director
internal Audit
Law Department
A
=41,
Hanagqment & Budget
ro
Second Party of the Agreement
—ni
applies in all agreements or contracts with the
The foregoing
When property is conveyed, the original
document goes to the property Manager
•for proper filing and handling.
When the City is the SECOND .party
.of the agreement, the city Clerk
files a COPY instead of the
..original.
The Second Party sign:th e contract before any
NOTE:
distribution.
;n:
rn
rn
o
. . . . . . . . . . .
Submitted ftitblhi�'Pub ,-
record -xili""Conne 9fidn'.
-iteln