HomeMy WebLinkAboutR-87-0315d
J-87-353
3/30/87
RESOLUTION NO. 87-31 ),
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT IN SUBSTANTIALLY
THE ATTACHED FORM, SUPPLEMENTING A
PREVIOUS AGREEMENT DATED APRIL 22, 1985,
BETWEEN THE CITY OF MIAMI AND THE UNITED
STATES OF AMERICA, IN CONNECTION WITH THE
BAYFRONT PARK REDEVELOPMENT PROJECT, TO
PROVIDE BY SAID SUPPLEMENTAL AGREEMENT FOR
CONSTRUCTION OF THE FLAGLER STREET
PROMENADE AND THE TRANSFER OF FEE SIMPLE
TITLE TO AN ADDITIONAL 0.60 ACRES OF
UPLAND PROPERTY LOCATED IN BAYFRONT PARK,
( MORE PARTICULARLY DESCRIBED HEREIN); AND
FURTHER AUTHORIZING A CORRESPONDING
INCREASE IN THE PROPERTY TO BE LEASED' TO
THE CITY, UPON COMPLETION OF CONSTRUCTION
ACTIVITIES BY THE UNITED STATES OF
AMERICA.
WHEREAS, by Resolution 83-622 passed on July 18, 1983, the
City Commission authorized the City Manager to execute a contract
and lease agreement in substantially the form attached at that
time, with the United States Army Corps of Engineers, for the
development, operation and maintenance of the Baywalk (and
related improvements) in Bayfront Park; and
WHEREAS, by Resolution 85-435 passed on April 18, 1985, the
City Commission authorized the City Manager to execute the
aforementioned contract and lease agreement with changes to the
land area, insurance requirements and participation
considerations from the 1983 contract, between the City of Miami
and the United States of America for Public Park and Recreational
Purposes at Bayfront Park, Miami Harbor and further authorized
the execution of a Warranty Deed conveying certain upland and
submerged land in and adjacent to Bayfront Park, consisting of a
total of 5.69 acres; and
WHEREAS, the Bayfront Park Redevelopment Project includes,
the Flagler Street Promenade, a walkway connecting Biscayne
Boulevard to the Bayfront Park Baywalk at the proposed Mildred
and Claude Pepper Fountain Plaza, as a major feature of the
project; and
WHEREAS, the United States Army, Corps of Engineers, under
its Code No. 710 Recreational Facilities Program hAs_beern
ATTACHMENTS '°"�°°�
CONTAINED APR s°r�ai
r
authorized, through Public Law 99-88, to construct the Flagler
Street Promenade; and
WHEREAS, by Resolution 85-1230, passed on December 19,
1985, the City Commission authorized the City Manager to
{ negotiate an agreement with the United States of America for the
f development of the Flagler Street Promenade; and
WHEREAS, Resolution 85-1230 further authorized the
conveyance of 0.60 acres of land upon which the Flagler Street
Promenade is to be constructed, to the United States of America,
i
with said property to be leased back to the City, upon completion
of the project; and
WHEREAS, as a result of the inclusion of the Flagler Street
Promenade in the property to be conveyed to the United States of
America and leased back to the Ci ty , for operation and
maintenance, the lease agreement authorized for execution by
Resolution 85-436 on July 18, 1985 must be modified to include
the additional 0.60 acres;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section I. The City Manager is hereby authorized to execute an
agreement in substantially the attached form, supplementing a
previous agreement dated April 22, 1985, between the City of Miami
and the United States of America, in connection with the Bayfront
Park Redevelopment Project, to provide by said supplemental
agreement for construction of the Flagler Street Promenade and the
transfer of Fee Simple Title to an additional 0.60 acres of upland
property located in Bayfront Park and more particularly described in
the revised lease agreement as EXHIBIT "B" TO LEASE, TRACT ONE,
Promenade, attached hereto and incorporated by reference.
Section 2. The City Manager is hereby authorized to execute
the revised lease agreement indicating the increase in the
property to be leased to the City, upon completion of
construction activities by the United States of America.
4i
PASSED AND ADOPTED this day of
ATTEST:
i
MATTI HISAI, CITY CLERK
PREPARED AND APPROVED BY:
RO ERT F. CLAJtK
D PUTY CITY XTTORNEY
APPROVEVAS TO FORM AND CORRECTNESS:
CITY ATT
XAVIER L. SUARMe
, 1987.
SUPPLEMENTAL AGREEMENT NO. 1.
TO
AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
THE CITY OF MIAMI, FLORIDA
FOR
RECREATION DEVELOPMENT
AT THE
BAYFRONT PARK, MIAMI HARBOR, FLORIDA
THIS SUPPLEMENTAL AGREEMENT, entered into this day of
1987, by and between the UNITED STATES OF AMERICA
(hereinafter called the "Government"), represented by the
Contracting Officer executing this Supplemental Agreement and the
CITY OF MIAMI (hereinafter called the "City"),
—
WITNESSETH THAT:
WHEREAS, construction of the Miami Harbor Project (hereinafter
-
called "Project") was authorized by the River and Harbor Act,
approved March 2, 1945, (Public Law 14, 79th Congress) as modified
by the Land Acquisition Policy Act of 1960 (Public Law 86-645), as
set forth in Senate Document 71, 85th Congress;
WHEREAS, Section 4 of the 1944 Flood Control Act, as amended
(16 & U.S.C. 460 d) authorized the Federal Government to construct,
maintain and operate recreational facilities at water resource
development projects and further authorized the Federal Government
to permit local interests to construct, operate, and maintain such
recreational facilities; and
WHEREAS, the Miami Harbor Project construction was completed,
and the Government and the City have contracted to provide
recreational facilities at the Project under the Supplemental
Appropriations Act of 1985 (Public Law 99-88) in accordance with the
cost -sharing provisions of the Federal Water Project Recreation Act
Ci
•
(Public Law 89-72), 16 U.S.C. 460-L-12; and
i;
y:
3
yY!
WHEREAS, construction of the Recreation Project under the -
authority of Public Laws 98-50 and 98-360 has been undertaken under
Contract No. DF,CW17-85-H-0019, dated 22 April 1985; and
WHEREAS, through Public Law 99-88, 15 August 1985, Congress
directed the Government under the above -referenced authorities to
construct the east -west connector, known as the Promenade, at
Federal expense; and
WHEREAS, it is necessary to cause this Supplemental Agreement
No. 1 to be entered and executed to add to the recreation project
the construction of the Promenade and;
WHEREAS, the City is empowered to contract with the Government
to construct, operate, and maintain recreation facilities; and
NOW THEREFORE, the parties agree as follows:
ARTICLE I - DEFINITIONS
(a) Recreation Project is defined for purposes of this
supplemental agreement to be the facilities constructed under the 22
April 1985 Contract No. DACW17-85-H-0019.
(b) Project Addition No. 1 is defined for purposes of this
supplemental agreement to be the facilities to be constructed as set
forth in Exhibit:"B",on lands described in Exhibit "A".
ARTICLE II - LAND AND FACILITIES
(a) The Government agrees to design and construct the
facilities of Project Addition No. 1 to provide for optimum
enhancement of general recreation consistent with other authorised
project purposes. Prior to the first Government expenditure for
recreation facilities of Project Addition No. 1 the City will convey
to the United States by warranty deed, supported by title evidence
satisfactory to the Contracting Officer, a total of 0.60 acre of
land upon which Project Addition No. 1 is to be constructed.
Details of the lands to be conveyed as concurred in by the City, are
shown on Exhibit "A" attached hereto and made a part of this
contract. Project Addition No. 1 is to be constructed on lands
'i
outlined in green on Exhibit "A". Outlined in red on Exhibit "A:
are the lands upon which construction occurred under Contract No.
DACW17-85-H-0019, 22 April 1985, to which the United States has
previously received title by warranty deed.
(b) The Government in cooperation with the City will prepare a
mutually acceptable Plan of Recreation Development and Management
which will depict and identify the facilities of Prcject Addition
No. 1. The presently estimated cost of the facilities of Project
Addition No. 1 is contained in Exhibit "3", attached hereto and made
a part hereof. Such estimate of facility cost is subject to
reasonable adjustment as appropriate upon completion of construction
and approval of the above -mentioned "Plan of Recreation Development
and Management".
(c) Following completion and acceptance by the City of all
construction for recreational development under this Supplemental
Agreement No. 1 and under Contract No. DAC6117-85-H-0019, the
Government will make available, by lease, approximately 4.90 acres
of upland and 1.42 acres of submerged land more fully described in
the "Plan of Recreation Development and Management" together with
facilities located thereon and acquired or constructed, and the City
agrees to execute a 50-year lease substantially in the format of
Exhibit "C" attached hereto for purposes of Project operation and
maintenance. No provisions of this contract nor Contract No DACW17-
85-H-0019, including this subparagraph (c), shall merge into any
such lease, but each and every obligation of each party hereto shall
remain in full force and effect unless altered by mutual agreement
or Article 9 hereto.
(d) Title to all lands and facilities specifically acquired,
developed, or constructed by or with Government assistance to
enhance the recreation potential of the Project shall at all times
be in the United States.
(e) The performance of any obligation or .the expenditure of
any funds by the Government under this contract is contingent upon
Congress making the necessary appropriations and funds being
allocated and made available for the work required hereunder.
ARTICLE III - CONSIDERATION AND PAYMENT
(a) Project Addition No. I. The estimated cost of Project
Addition No. 1, including lands and facilities, is estimated to be a
total of $2,665,000. The Government's share of the cost IS
3
0
estimated to be $1,165,000. The City's share of the cost is
estimated to be $1,500,000, which is solely the value of the land to
be conveyed to the United States. Under Public Law 99-88, 15 August
1985, Congress directed Project Addition No. 1 facilities to be
constructed at Federal expense.
ARTICLE IV - EFFECT OF SUPPLEMENTAL AGREEMENT NO. 1 TO PROCECT
CONTRACT NO. DACW17-85-H-0019
(a) Project Contract No. DACW17-85-H-0019, dated 22 April
1985, remains in full force and effect. The terms of said contract,
are :Wade a part of this supplemental agreement and incorporated
herein by reference as if set out verbatim herein. Project
Contract No. DACW17-85-H-0019 is attached hereto as Exhibit "D".
This Supplemental Agreement No. 1 shall take effect upon
approval by the Secretary of the Army or his authorized
representative.
IN WITNESS WHEREOF, the parties have executed this agreement as
of the day and year first above written.
THE UNITED STATES OF AMERICA
y4r,
CHARLES T. MYERS III
Colonel, Corps of Engineers
Contracting Officer
U.S. Army Engineer Distsrict
Jacksonville
DATE:
APPROVED:
BY:
CITY OF MIAMI, a municipal
corporation of the State of Florida
BY:
CESAR H. ODIO
City Manager
ATTEST:
MATTY HIRAI
City Clerk
APPROVED AS TO FORM AND CORRECTNESS:
IA A. DOYGHER
City At orney
It
i
CERTIFICATE OF AUTHORITY
I, LUCIA ALLEN DOUGHERTY, do hereby certify that I am City
Attorney for the City of Miami, that the City of Miami is a
legally constituted public body with full authority and legal
capability to perform the terms of Supplemental Agreement No. 1
to the agreement between the United States or America and the
City of Miami in connection with Recreation Cevelopment at
Bayfront Park, and to pay damages, if necessary, in the event of
the failure to perform in accordance with Section 221 of Public
Law 96-611 and that the persons who have executed the contract on
behalf of the City of Miami have acted within their statutory
authority.
IN WITNESS WHEREOF, I have made and executed this
Certificate this 31st day of March, 1987.
LAD; db/P153
LUCIA ALLEN DOUGHE'FtTY
City Attorney
87-:11 /p
1�
- - v-•-
---- --'- inl„ «6•LWIw1♦ IIrY •wl wl r•1lrlelr IIYI � . '.
........ _. - "at/ trxf 411", Revs _ ' f : - - • 1 111 trr,elaet (dit SAFE '----- '`
rtwvY w, lov YI . • --.. _ _ ; f - -•it" �•
to I
,u 1 .... - 1•• IIY n UP IM d c n h / ui iii• if iA ul e.
etr t-171 cc" i if _h / - fa1,M 4 Sh Ce No
T,r, pr l IA M1I t:: ft1: 71 1 f �yl ' - //e,YY w Jl, wig 4
eaae.rnn nr }71v Iv 17 If �s tS�• r •1e I•a rot ll tin N11 Ilflw� •`
tmw+OeeYl :r 1•+. - r/ IilIII tIMI too web01,det IVA0 IA'_
.. ••m n\r •••O Wr ru 7•• w \:1 IY n l� /1 • _ ra�n�•r WILWI or
ar _ rywWrt N11•If1rIM ?
_ ri j I.I r•7 71 5,4 :T 71 t �
:,' »•., idultlrAll rettoo dllu:ej Itt•na _ati jn
rt.
•(J / �� to ' 'At rr n US h It _ . ., - ._ ��� r 1 IMJInY 1r repNfty IM ON
is go uliais tlrtiK I^••••atl.lw,rclrorvtlwwer I
- t - - It If 4(w rf ; US IM {)
sy; _f I \ �r n u le!Ig. I�,w!e �. -- -- _ -• _ -- — _ .•cf f... w IrratlwoM MYe Odom Mpmormammtan F
*40 r •1 1. IU A Y 117 7+e V -- cc- cOtll (calls as eliormltd
' 4e'itt f rl rI 41•a,11 7n,1►Lq n
,r40_- -
�fe, '"f �1, ii "..__ 7. V ,SU.11 - _ _. — �!�•j'!e� wOK•111 e1NtIr1w/Ywlrollt,lls Ne SM, '
s. y� 'f s4q iPlltlweet nrrwu 44."it -r: V r7...:9.' _ _ _19J1 1
•�Rt of isIttint w
?— Jt y %� elwtftol0 NP'wp 11M
e•1,/ �1�-•�7 --�7wilrAsi IuM\.+i;�lO Ik ON
,�• er,`/Ij• -•I f► (N(1t tlw11e1 N.sn0 NI.e11IS P'•r Or
�•
.•b# ) - • ♦t•+.,r, F} rr A 1.• nr v t:•- 77 oe : •al+. .
lot
r�1 T y i , ' ` y r ry ll _ Iot Sit Y 1 NIJL IU f Wo lllelL —' --- - -- _.._ iiriee��e
"�' ••?• �� 'j el N _ IILi•SL'_ rtO R
•�� ��� " r� Oerc war 00= -
r ti I� •• .. 1s�4�y� ,�•ile eM.Yoe. {•t. H.Nf rJM M. �ftr Muw►e�tYt e1N.11� Vr - t• ... _ w
or
M•~ �.' 1•�,M J •, .. Y?��- It-' /,. '..;:�w=::^• .=t,.. �,r,,:..r : .1 et.:�}--� _ �: •�•''. n Ewa p
PeNtA
wit WM
r A,� •!• _ ' `,i}iC , - - - •'�1 = �.. _/ e. lam` _ rat •rorwvy+ .
'pler�eOeaT�effl►Kwliwwlt�t��pROpIYa \ •ram,- r.�-•a.epY� .ee ,1
• ,� . 'j•�4'/j'i' �' • ; �'�. 1 r. • MIA. N Otllellf INc VIa11f = r a ''-� l� ` • 1-_ \�. '�ln �3T' _ •!Q
y • "r•I•' ..1 .M�,. Al,�pKt41
1
•a. �. y.... ! a•r» ►f.a .r 1, IAA I • \. :� t• :
:'a .�••T �� ,c • .•'2� °` �fe•Tr-'. Y ',. �Ir • �ocucw7.ele � •e•. waa. 'r q�
' tO - •! •><!-r:��f{+•r .'��,�i jCt••�- T q��j±��'•i `' ` ' ; _ _ •` 1_ '1 .. •r • -
• o 11 • ��:0.1
» , �• ••.•.• , r. t . ��'T• •J.1,!► '�StC'i•. w ••.t • r�t„{{{••��N' r _ ,.. Y( a;e• .
.;. +1i1 - .� �.. - I `r`• •:�:. �'."'� '�' :'Q:y vl'_'-t�✓ �'f!gf `_�Aa. ••�(i� 1 �,a• i .y{ I t ' �/ ,. .t �.e T1ti
w� �.�j� � .!l'. h •. 1 l l t •ICI t �+�
IMi;>y Rr';�i ' • • f Z
or
11 =•.� r� � ` � 1 7,- .S•f1gr. {y, �j•r ► F•r` 'w •' •' � { .
it
fit+ ;,e al
�P1.-21 V. �2�,. r �• f uI
Ay N
i'- �; 1: �'ta 7" '1' , •' jr37 I. r,.*jf w.edgy �a t//'�� �"d `r a i�
,
41,
or,�•..,a,: ~�t` .'� y�a%, �•�,�"J': .►..t-T ... ; `+ :#•�• •/,'"' •��-� 1 t IyI� f t
': FI'�j ✓ S. SIRroeeentu e. of •r• �. ,Z
A L a� . ` ! t;• •Irw t vita M ii10E�C uwetti ■ a ' a1 tmia. ` - t W
\,•' L lot.al} IRw r mit cOYn4loe IA r •IIry11 �! r I .4
P c►•• `• .., ' .. r•.` •`l# f ag0e tore 7O r�ti dit, r r ;r41
Ct�
/t OF too yt \ Ci ( r r. ••
50.
r r ,�_ '�r to , ti., - f .ti- •.r•
No
1p
Nj
I.1. i r f LPL P1�-z$4 Y ..a a +' _ �• .r
.�� a �M. ' • 4 . �' • .A: .Sa'- t«�.��• • �,,.. , �►• w a. b W
w1
i; T•' t : e �- t. e y */s•i as
*iji! • sa + `j i.�a•« ,,,. �1..r�~.. •.. Ti'1 "Llwi
:. '� i ,:,*,. � •''� ..,. ,,,r,,,.wr.r» ?,a0V.� �\ `'.. '.{• • ... "aia.aii__ To
low
yyi�eylrl.. A•� MSCIrY ••'1l� �. .. •r.'O ••i 'M1 p, 1 _�
�• f�, •�•' , '.} , , -"^ S •u ,y,rwi �s'. r w••t••_+ / ,aef't r ••i � ••� • �,�• �'.j •••{�. Ia i 7t i
Al
EXHIBIT B TO SUPPLIMENTAL AGREEMENT
DETAILED COST EST114ATE
(DATE OF ESTIVATE: Doc.mber 19a6)
Item
Description
•Unit
Unit
Subtotal
Total
Contributions DPS Item Baytront Perk
in -Kind City Cost City Cost
Cuentlty
Cost
Cost
Cost
B Cit 100% I00%_
15
Praaonade (PL99-881- -'" __----------•----
--
15e
Earthwork
JOB
----
i
---- --------•---
L.S.
---
t 5,000
f 881.320
15b
Limrock Base Course
C.Y.
710
f 17.00
12,070
15c
Concrete Base Slab
S.F.
22,700
2.70
6610290
15d
Granite Paving
S.F.
22,700
2480
562,960
15e
Granite Pedistals
EA
36
6.000:00
216.000
15t
Light Fixtures
EA
16
19500.00
24,000
Subtotal (PL99-88)(Itee 15)
Contingencies (151)
S 881,320
132,200
Subtotal
EW and SAA (15 —'i
$1,013, 520
. '
151,480
Total PL99-es Construction
Cost (Items 15)
S1.165,000
Land Cost
t1.500,000
Total PL99-05 Project Cost
12,665,000
C-5
to
40
7 .1
EXHIBIT "B" TO LEASE
TPNCT TWO
BAY4:ALK
Legal. Description
A Tact or parcel of land loca;-ad in Township 54 South, Rae, a 42 Bast, Daele
County, Florida, being more carticula.ly described as fail:ass:
For a point of r4ference cxnence at the intersection of the City morti;�enr
Line Biscayne Boul-3vard (North) and Chopin Plaza (Southeast Second Street
extended easterly), said monuient being a brass pin in concrete inside a
monus:tent casting set in pave-nent, having a grid coordinate value of
x-767,294.98, y-523,736.28:
Thence South 89 59156" East (grid bearing of North 37 42137" East) along
said 'Acn=ent Line Chcpin Plaza a distance of 834.50 feet, more or less, to
its intersection with, an existing steel bulkhead along Biscayne Bay, said
intersectici having a grid coordinate value of x-768,129.71, y-523,769.63,
said bulkhead being 8.4 feet, more or less, westerly of the D.S. Harbor line
as recorded in Plat Book 74, at Page 3, of the Public Records of Dade
County, Florida;
Thence South (grid bearing of South 02 01136" East) along the face of said
bulkhead a distance of 25 feet to a point designated PL-1 which is the Point
of Beginning, said point also being the Northeast corner of Tract "D" of
Dupont Plaza as recorded in Plat Book 50 at Page 11 0£ the Public Records of
Dade County, Florida, having a grid coordinate value of x-768,129.59,
y-523,744.65; the following bearings and distances are based on Transverse
Mercator Grid System Florida East Zone.
_ From said point of beginning thence run South 87 42'371" West, a distance of
20 feet to a point designated Pr,-2:
Thence !worth 02 31143" West, a distance of 35.59 feet to a point designated
PL-3;
:•�.
Y ''
T'nencQ South 87 42'37" crest, a distance r,f 1G1.11 feet to a paint d�signat�ci
PL-4; •
Thence North a2 01'39" 'nest, a distance of 37.46 feet to a point designat=Y3
PL-�;
Thence Nurthwesterl! alone a curve concave to the left, c•�it:: a radi��s cf
1a6.0� feet, an arc d+stance of 146.88 feet, the chord of which bears horc;h
41 43'3Q" crest 135.4 1 feet to a point designated pL-6;
Thence South 87 58' 44" ►v'est, a distance of 44.52 feet to a point desi.gna;:.sd
PL-7;
Thence North 02 01'36" West, a distance of 234.97 feet to a point designated
PL-8;
Thence Northwzst�rly along curve concave to the right, with a radius of
155.80 feet, an arc dista��ce of 427.73 feet, the chord of which bears ;forth
L�1 32'36" crest 305.55 feet to a point designated PL-9;
Thence North 25 02'46" East a d:stance of 13.48 feet to a point designated
PL-9A;
Thence Nort!� 1z �tI 3�t" West a distance or 21.86 fret to a point eesi�3:�ate3
PL-�B;
Thence Nortli 76 57'36" East a distance.of 17.02 feet to a point desi3ciate3
PL-9C;
Thence North 24 56'13" East a distance of 460.89 feet to a Foint desiynatrci
PL-10;
E
8'7--3�.� � �,!
.; .:
••
Thence North 65 Q3'32" 'nlest a distance of 53.50 feet to a poi;�t designated
PL-Ii; '
Thence Nor:h 2�# 56'�7" East a �istarce of 175.OQ feat to a point designated
PL-IZ;
Thence South 65 c73' 42" East a distance of 66.�+7�v faet to a point designated
PL-13;
Thence North 2; =6'06" East a distance of 2Q2.97 feet to a point designated
PL-14;
:'Hence South 87 22'36" East a distance of 1�A.29 feet to a point desigrated
PL-15;
Thence Scuth 24 59' SA'' West a distance of 673.39 feet t:: a goiZy~ .3=:signs"ei
PL-lo';
Thence South 02 �J1'30" East 3 3istance oL 37I.87 feet to a point• desiynat��,l
PL-17; � '
Thence Southwesterly along a curve concave to the right, with a radius of
245.54�feet, an arc distance of 141.96 feet, the chord of which bears South
_ 14 32'QI" blast 139.99 feet to a point designated PL-I9;
Thence Southeasterly along a curve concave to the left with a radius of
���' I54.46 feet, an arc distance of 182.87 feet, ttte chord of which bears South
...
- Q2 48'S9" East, L72.38 feet to a point designated PL-19;
Thence Southeasterly along a �:u:ve ccncave to the right, with, a radi�ss of
253.04 Feet, an arc distance of 173.28 fe+�t, the chord of which bears South
19 22'38" East, 2.5�3.9�3 feet to a point designated �L-20;
3
O hi�1 y
1 � 's
--- — — —
---
--- ,::,
Thence South 02 00107" East, a distance of 113.64 fee,, to a point designated
PL-21;
Thence South 87 4213711 West, a distance o 53.03 feet, none •.%r less, to the
point of beg_nning.
Containin0 5.69 acres, more or less and designates as Tract "S" of the Miami
Harbor Bayfront Park project.
The United States of America is the owner of this 5.69 acres pursuant to
Warranty Deed, dated July 16, 1985 and recorded July 31, 1985 in Official
Records Book 12590, page 1427, of the Public Records of Dada County,
Florida.
E
EXHIBIT "B" TO LEASE
TRACT ONE
PR 'e E1'ADE
Legal ,Description
A tract or parcel of land located in Township 54 South, Range 42 East,
Dade County, Florida, being more particularly described as follows:
For a point of reference commence at the intersection of the City Monument
Line Biscayne Boulevard (North) and Chopin Plaza (Southeast Second Street
extended easterly), said monument being a brass pin in concrete inside a
monument casting set in pavement. having a grid coordinate value of
x-767,294.88, y-523,736.28;
- Thence South 89'59'56" East, (grid bearing of North 87*42'37" East) along
said Monument Line Chopin Plana a distance of 834.50 feet, more or less, to
its intersection with an existing steel bulkhead along Biscayne Bay, said
intersection having a grid coordinate value of x-768,128.71, y-523,769.63,
said bulkhead being 8.4 feet, more or less, westerly of the U.S. Harbor line
as recorded in Plat Book 74 at Page 3 of the Public Records of Dade County,
Florida;
Thence South (grid bearing of South 02°01'36" East) along the face of said
bulkhead a distance of 25 feet to a point designated PL-1, said point also
being the Northeast corner of Tract "D" of Dupont Plaza as recorded in Plat
Book 50 at Page 11 of the Public Records of Dade County, Florida, having
grid coordinate value of x-768,129.59, y-523,744,65; the following bearings
and distances are based on Transverse Mercator Grid Systems Florida East Zone.
Thence run South 87°42'37" West, a distance of 20 feet to a point designated
PL-2;
Thence North 02°01'43" West, a distance of 85.59 feet to a point designated
PL-3;
Thence South 87°42'37" S•7est, a distance of 10.11 feet to a point designated
PL-4;
Thence North 02°01'09" West, a distance of 37.46 feet to a point designated
PL-5;
Thence Northerwesterly along a curve concave to the left, with a radius
of 106.00 feet, an arc distance of 146.88 feet, the chord of which bears North
41°43'30" West 133.41 feet to a point designated PL-6;
Thence South 87058'44" West, a distance of 44.52 feet to a point designated
PL-7;
Thence North 02001'36" West, a distance of 234.97 feet to a point designated
PL-8;
Thence Northwesterly along a curve concave to the right, with a radius
of 155.80 feet, an arc distance of 176.5 feet, the chord of which bears North
47° 42120" West 167.26 feet to a point designated PL-25 which is the Point
of Beginning.
From said Point of Beginning thence run South 87°43'39" West, a distance
of 375.00 feet to a point designated PL-24;
Thence North 02°16'21" West, a distance of 70.0 feet to a point designated
PL-23;
Thence North 87°43'39" East, a.distance of 375.00 feet to a point of its
intersection with the arc of a curve designated PL-22;
11
Thence southeasterly along a curve, having a radius of 155.80' concave
•o the left, the center of which lies South 79°1713" East of said point 155.80'
the chord of which bears South 20°16'21" East 70' an arc distance of 70.62 feet
to the Point of Beginning through a central angle of 25°57'51".
The above described tract or parcel of land contains .60 of an acre, more
or less.
W-ra
law
IF."i
F
l-to
I%AI
#
%n-Mro
RW " YA:X.
SAWN fAmr--
SIR
't F-210
"V-4.
__ pf I
Giml!: -
•
Off— la w a
I Mill L'
UP.,-
ow Lf-p—A H- If C, jw—
Gord
IT
I. ir
MIS 1: ray..,
IL!v
44
W.Ui " P. utiol., jym-11 -BLW
W wail: ictrtr --Fl
my
U
slow
: ima�iwsmlm. Reg I
ow
Al
tv
eaqppi�,*� 46A
VFW
-'ar low
7F,
7r .ire s "MIN
4 L NEI
t
PL-24
.eL
it
41
4t
0
'tl°rL'+lVl':il, r.,xr.r.,t�iL►•r•t'
DEPARTMENT OF THE ARM,*
LEASE
FOR PUBLIC PARK ANO REi.REAT IONAL PURPOSES
LUMBER:
SAYFRONT PARK, MIA.-11 HA REOR, i'IORIDA
THE SEC Rt'TARY OF TOE AR`:Y under au.hority cr SE,`o .!Ie �
Congress approved 22 Gecernber 1944, as ar::?nded (15 U.S...
=ederal 'dater Project Recreation Act,
anal pursuant to a contract entered into on
arrd between "le United States of ~;-erica 3rd the city � f 1 i;►'! ".i ,
^e-einafter referred to as the Cortr'act) , horeoy grants :o :he c' -
'••.i-,mi, Florida, a lease for a period of fifty (50; year: cor:'c:erciryr:
_ and ending on :e u:=
cc.-upy approximately 6.3 acres of Goverrinmer.t-ci•:ned *,a ,d un_.: ,r
ri.;ear; jurisdiction or-t-he Cepart;ant of the Ar:�iy as shown in �ad
a .ac:ied Ex i b i t "A and as mnore particularly d?sc'ibac on •3:CJ1z't ..
:;," Subject to all ter^s and conditions of this lease.
THIS LEASE is granted subject to the foilowi^g cono`z4c•i..
:. The ,l4fssge snail cor f orm to such r•egul at trs as :`e =e , 'e
:fie =.rny may issue to govern the public use or t1:e rroject ar_a, a:•..
:or:; i +•. wi tn. the provisions of the above -cited Act C f CCr r'es.. T ^e _ .:e:
sr,all ar'otect the premises from fire and vardalism, and may :r::;;e :!nj on-7
SL;:' regulations as are necessary ara within its legal aut;norl: , i. _..
sin the privileges granted in this lease, provides that such re�:,,�:i,.•:
^ o t . w_-ons i s tent with those issued by the Secretary of;' ch "r .:iv 'r
pr;,•: isions of the above -cited Act of Congress.
2. The lessee agrees tc administer the land and wazar ?r-2_s
_..e lease for recreational purposes, and to bear, 'Ehe costs OF
. a i n:manse, and replacement of all facilities and a
cremises at %he commencement, of this lease or added during its term. ;
r triis lease the tern "replacement" shall be con;trued :o ':ear! .:1a
in whole or in part of any structure or improvement so worn or, damn e. ay 3!;
:ause Lc no longer adequately serve its designed function with r1c,"Ma` rn?'...a•!
The lessee shall be guided by an Annual Plan of Operation and �?ainLenarice i
:rth�rance of the Plan of ,Recreation Development and Managemen: :dude.:
c:;rs:,ar.t to Article 1(b) of the Contract and by this reference trade a part
,her'eo.'. On or before the anniversary date of the lease each year', C�%e sear: -es
srali ,agree on the Annual Plan which shall include but is not limited to t`:e
fallowina:
a. Plans for management activities to be undertaken b, the l-Me--m
ircludir.g improvements and other facilities to be constructed ;.hereon 4n
accordance with the Contract.
b. Report of the management, maintenance, and develop-rent
mients of the lessee for the preceding year.
c. Significant modifications of policies ol- procodures wh:c�-• hav-1-
de•veloped or are to be applied.
d. Minor modifications to the Plan of Rer_••r:ation ino
,aragemert (major modifications to be accomplished by am.cndmen; of :ric
3. In addition to any subsequently agreed upon fees and ctrarrr;;
authorized urder the provisions of Article 4 of the Contract, the
.'� h i L s•.,5 i es;ecs may conduct sucii revenue-produc airy ac i. r v i t i oc ,i': .tt ••
:i L*iin t"t! SCopC' of Article 3 of ►.Ire Contract.
4. That upon t e commancoment of this leaso the part'us hereto Shari
cause to be made a''Vventory of all improvements tructed in wh,,le e-
n part with Federal funds under the terms of the ( tact. Cer•ta i n
or "Additional FaciiitiPs" , including but not Iirlited to restaurants, icZl';CS,
cabins, clubhouses, marinas, and such similar revenue-croducIng facilitias
constructed under the authority of Article 3 of thE: Contract shall not be
added to this inventory. The inventory of improvements shall includ?
and drawings sufficient to permit their identification and condition, ar.d tc
replace then if required during the term or on the expiration or terriinaticri
cf this lease. Said inventory and all amendments thereto shall to ancrc•red ir;
writi^y by authorized representatives of the parties hereto and sha'1 tnea•eurc1
becore a part of this lease as if originally annex_d.
5. The lessee may grant oermits and licenses, and s'Ai:2ase all or ocr-:;crti;
o` the leased property for- purposes which are consistent .•ri th the terT,5 am!
conditions of this lease and with the Plan of Recreation Oe,rele•;;;l(?nt snj
,•'anacement, All such grants sh3li State that they are 9-anted subject. t,h
.:)r�visicns of this lease. The terns and condi ions of p rrai i ses,
t e is , 1 C �; and
subleases granted by the lessee •for revenue orodlicirin purnoses shal l first '.e
ta"ipr'Oved by the Oistr'ict Erain:er in writing. In order to pro"ect the i,,:�,
0sublessees, the District Engineer is authorized to apProve subleases
require the Covernnent to continue to honor such perts of the suoleases t•;riit:I
may be necessary to assure ', to continuation Of the subleased) act vi t;'s t:"t:';
a cte: ult whlc(iwould result in a revocation a tT;':' f1t'1f'.Q e�sP i;'1C�t:r .�.'1�; il'
ereo .
The 1:essee sl6all es:abl'sh and main;tafin adequ t-2 r•eccrd's and
and reader annual statements of receipts and exoenni!-ures tn, the Distri:.
_ngineer exce.pt for annual or weekly entrance fees which a•so are hors, —2d
at other recreational areas oper?ted by the lessee.. Toe 0-,strict cn;r;r1?o,•
she i 1 have the_ right to perform audits of the lessee's records an..: �; ,.rCJr' ,
and to require the lessee to audit the records and accounts of sublessees, 1nz
furnish the District Engineer a copy of the results of such an audi
7. The rates and prices charged by the lessee or its grantees fir
-e•:enue-producing activities shall be reasona',le and comparable to ra ,a:
charged for similar goods and services by others ir the corm-nuni ty. T -e
Government shall have the right to review such rates and prices and re•,::ire
an increase or reduction where it finds the objective of this parzgrn�l gas
been violated.
B. The right is reserved to the United States, its officers, agents.
and employees, to enter upon the oremiseq.at any time to make inspections
concerning the operation and maintenance of the lards and facilities Oroviced
hereunder, and for any purpose necessary or convenient in connection witi)
river and harbor and flood control, and the lessee shall have no clair� f7r
damages of any character on account thereof against the United States or
-ny agent, officer, or employee thereof.
9. The United States shall not be responsible for damages to ot'o;:er-
o►• injuries to persons which may arise from or be incident to the exercise
cf the privileces herein granted, or for damages to the propertj of t•^
'essee, or for damages to tree property or in;;uries to the nerson cf the
lessee's officers, agents, servants, or employees or others who may to
cn the pre.T,ises at their invintion or the invitation of any one of t^gem,
a -•sins from or incident to the flooding of the premises by the Govar:lr^en:
or flooding frost+ any other caus-�, or arising from or incident to any other
Governmental activities, and the lessee s'aall hold the United States har•::rle;s
from ar,y and all such claims.
10. The City shall require all concessionaires and sublessees to
from a reputable insurance company, acceptable to the Gove►rrlrrent,
or indemnity insurance providing for minimum limits is of yl ,CrrJC',000 oer oer•c:r
in any one clam, and an aggregate limit of $2,000,0001 for any nurrrber v.'
persons or claims arising from, any one incident with respect to bodily
irJur•ies or death resuiting ther•efrorr+, and. $50,000 for• dariage to groper:;,
3t, a combined single limit coverage of S2,050,000 for all danlane suffered
2
or alle,;ed to have been suffered by any person or persons resu? ting from;
the operation of the concessionaires or sublessees under the ter, c-
this lease.
'hat upon com•.r:enremrent of thi s lease, the City shy i l zt+tain Fror ar, nsu •:Tr��
c:crr.ca,n 1 i cer,.ed in the State and acceptable to the Ge er rr.:ent> l i a� 1 i t_'
C' ir;v:^pity insurance ur,viGTng r"Ur rllnimum 1rm'.iis OF�Si,CCO,OQO pf''• Dc:r,Jn
in any one :lairs, and an aiggregate. iimit of S2,000,001,' for any number or
o-:rscr's or :]aims for damages against the City for i nJury tC or loss or
orocer'v, persc-z! injury or death, suffered or alleged -:� hove een
SuFrerei' by and Gerson or cersons resul ting from onerA tions by the ty.
1 , The i e3see or i is gran te'zs s"al 1 not di scrircii pate ar% ;,Is t anv r,°3!'sGr'
or -ersons because of race, cr_,2d, color, sex, or iratior+al r,r•irin in th-2
ca.^duct of its operations hereunder. The lessee has furnishe:i as na•-' o`
t`e Contract an assurance that -it will comply with Title Vi of :he C " Vi i
Piants Act of 1964 (78 Stat. 241) and Departanent of Defense Directive, 5500.1
issued pursuant thereto and publisized in part 300 of Title 32, Code of
Federal Regulations, and all grantees shall supply like assurances o.,nibit
12. This lease is subject to all existcing easements, anc easements
sutseouen,tly granted, for roadways, and utilities and fcr other ournoses
located or to .be located on the premi ses , p'rovi ded that the pry ;osed gran t
any easement will be coordinated with the lessee and easements will
r'ot be granted which will, in the opinion of the uistrict Engineer, interfere
with developments, oresent or proposed, by the lessee.
13. The lessee shall comply promptly with any regulations, conditions,
or ins: :cti ons affecting the activity hereby aut-nori zed i f and when issued
by the Environmental Protection Agency and/or State 'Water Pollution Control
gency having jurisdiction to abate or prevent water pollution. Such
rpculaIt-ions , conditions, or instructions in effect or prescr".ed by t-he
Eiviror;,,,enta? Protection Agency or State Agency are hereby imade d
of .:,is lease.
J�
4. 'his lease may be revoked by the Secretary of t` _ ..,'!rev • r; .r.e e• ="t
:le essee violates any of the terms and conditions of this 1_..s_ z:-1d M`1 r' t'S
n. oeesists therein for thirty' (30) days after notice tner:of, :n :�r .i. ,
by ;ne 3ist:•ict Engineer. Such a termination shall nor deroga:e of
st;zh ather re,•nedies.in law as may be available tc +^e Government and r; nG
a.3y s/nal l i t act to relieve the lessee of his responsibi 1 i ties arld eel
;,r.der the Contract. In lieu of revocation, the District Engineer, ir, i is
zi:cretion, upon a finding that a violation constitutes a healer or safe:,
lazerd rriay suspend the use of that ooer•ation or facility unti 1 such, d_Fi ci-znC.
is rectified. '
15. un or before the date of expiration of this lease, the lessee s'111''
:cats the premises, remove its property therefrom, and restore .fT� �r.'•i _.
tz a condition satisfactory to the District Engineer. If, nolvever,
lease is revoked the lessee shall vacate the premises, remove its pr•crer-:'i
:�erefrC,,, and restore the premises as aforesaid within such tirre as t"e
Secretary of the Army may designate. In either event, if zhe lessee sna ll
?a i 1 or neglect to remove i is property and so restore the pr•er:+ises I thee:
its property shall become the property of the United States without
therefor, and no claim for damages against the United States or its ofFicr:r's
cr 39ents shall be created or made on account thereof.
16. All notices to be given pursuant to this lease shall be addresse:_,
to V e lessee, to the City Manager, City of Miami, Florida, 350C Pan
-erican Drive, Miami, Florida 33133, if to the Government, to the %Diicric,
--;inear•, J.S. Army Engineer District, P.G. Box'1970, Jacksonville, Flnri�;a
3 32-0019, or as may from time to time be directed by the parties, Notico
s ial i be dt.erned to have been duly given if and when inclosed in a nr•occ,r'l.r
;eale,d envelope o!• wrapper, addressed as aforesaid.and d000sited lostatie
r a post office or branch post office regularly rrainlained by the Unitao
I.
t
IN WITNESS WHEREOF, I have hereunto set my hand by authcrity of ;ire
Secretary of the Anny this day of _ 19
WAL T ER P. JOUE; III
Chief, Real Estate 7ivision
U.S. Ar„iy Corps c f :rrgir,eer•s
Jackscliville, Florida District
TliiS I.EASE is also executed by the lessee, this "Jay 0-
19
THE c CITY OF �liA•iI, a municipal CcrporatiOn
of the State -:f Florida
77EST
MATTY HIRAI, CITY CLERK CffSAR�H. ODIO, CITY MANAGER
APPROVED AS TO FORM AND CORRECTNESS:
LUCIA ALLEN DOUGHERTY
Mity Attorney
I Of
CITY OF MIAMI. FLORIDA
12
INTER. -OFFICE MEMORANDUM
TO. Honorable Mayor and Members DATE:
of the City Commission
SUBJECT.
FROM: Cesar H. Odio REFERENCES:
City Manager !�
ENCLOSURES:
RECOMMENDATION:
. . ;'. r) 4 # c'q FILE:
Supplemental Agreement with
the United States of
America for Bayfront Park
It is respectfully recommended that the City Commission adopt the
attached resolution authorizing the City Manager to execute an
agreement in substantially the attached form, supplementing a
previous agreement dated April 22, 1985, between the City and the
United States of America, in connection with the Bayfront Park
Redevelopment Project, to provide by said supplemental agreement for
construction of the Flagler Street Promenade and the transfer of fee
simple title to an additional 0.60 acres of upland property located
in Bayfront Park, and further authorizing a corresponding increase
in the property to be leased to the City, upon completion of
construction activities by the United States of America.
BACKGROUND:
The Department of Development recommends that the City Commission
approve the attached Resolution authorizing the execution of an
agreement, in substantially the attached form, supplementing a
previous agreement dated April 22, 1985, between the City and the
United States of America in connection with the development, through
the U.S. Army Corps of Engineers (C.O.E.), of the Flagler Street
Promenade in Bayfront Park and the transfer of an additional 0.60
acres of Bayfront Park property to the C.O.E. to be leased back to
the City for operation and maintenance.
On April 22, 1985, as authorized by Resolution 85-433, dated April
18, 1985, the City entered into an agreement with the United States
of American, whereby 5.69 acres of upland and submerged land at
Bayfront Park became federally owned property in exchange for the
development of the Bayfront Park Baywalk including filling and
+ 1800 linear feet of shoreline stabilization; Three Courtesy Piers;
a Baywalk and Plaza surrounding the proposed Pepper Fountain and
related improvements. As part of this agreement, these amenities
will be leased to the City at no cost, for maintenance and
operation.
/.Z-- j
I
Honorable Mayor and Members
of the City Commission
Page Two
By Resolution 85-1230 passed on December 19, 1985, the City Manager
was authorized to 'negotiate an additional agreement with the United
States of America for the development of the Flagler Street
Promenade which will connect the Pepper Fountain Plaza, on the
Baywalk, to Biscayne Boulevard. As with the Baywalk, the federal
government will assume ownership of the 0.60 acres of land on which
the Promenade is to be constructed and the property will be added to
that to be leased back to the City, for operation and maintenance.
While the U.S. Army Corps of Engineers has been authorized to carry
out the Flagler Street Promenade Project, funding to cover the costs
associated with design and construction have not ;►et been allocated.
It is our understanding that execution of this supplemental
agreement to include the Flagler Street Promenade in the portion of
the C.O.E.'s Bayfront Park Redevelopment Project will enhance the
potential of the C.O.E. receiving the federal funds for design and
construction.
2