HomeMy WebLinkAboutR-85-0435i
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J-85-415
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RESOLUTION NO.g 3`
A RESOLUTION AUTHORIZING THE CITY MANAGER
'{ TO EXECUTE A CONTRACT AND A LEASE AGREEMENT
? IN SUBSTANTIALLY THE FORM ATTACHED HERETO
!' BETWEEN THE CITY OF MIAMI AND THE UNITED
STATES OF AMERICA FOR PUBLIC PARK AND
RECREATIONAL PURPOSES AT BAYFRONT PARK,
MIAMI HARBOR AND FURTHER, AUTHORIZING THE
EXECUTION AND CONVEYANCE OF A WARRANTY
DEED TO THE UNITED STATES OF AMERICA FOR A
TOTAL OF 5.69 ACRES OF UPLAND AND SUBMERGED
LAND AS DESCRIBED IN EXHIBIT B OF THE
AFOREMENTIONED AGREEMENT.
WHEREAS, by Resolution 83-622 passed on July 18, 1983, the
City Commission authorized and directed 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, the attached contract and lease agreement include
changes to the land area, insurance requirements and participation
considerations of the 1983 agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
'
MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to execute a
contract and lease agreement in substantially the form attached
hereto between the City of Miami and the United States of America
for public park and recreational purposes at Bayfront Park, Miami
Harbor.
Section
2. The City Manager is
hereby authorized to execute a
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Warranty Deed
in substantially the form attached hereto, conveying
certain upland and submerged land in
an adjacent to Bayfront Park,
s.
,Y
consisting of
a total of 5.69 acres,
to the United States of
America, for
public park and recreational purposes at Bayfront Park,
Miami Harbor,
more completely depict
WON
IT11:11'illfic OF
APR 18 1985
85-435:
EMARKS:
F
and described on Exhibit B as attached hereto and incorporated
herein by reference.
PASSED AND ADOPTED this 18th day of APRIL 1985.
MAURICE A. FERRE
-A. Ferre;
--11TTqT: our B i
ayor
City er
p OngLe
PREPARED AND APPROVED BY: APPROVED AS TO ORM AND
CORRECTNESS9
�p ;e Wr
Joel E. Maxwell Euci3=F.=0ugherWq City Attorney
Asst. City Attorney
85-435i-
K,
MIAMI REVIEVP
AND DAILY RECORD
Pu0shed Daily except Saturday, Sunday and
Legal Holidays
Miami. Dade County, Florida.
STA" OF FLORIOA
COON" OF DADS
l oh" the undersigned authority personally appeared
Sonia Halligan, who on oath says that she is the Assistant tb
the rsnpsi N* of LOW Advertising of the MIAMI Nsvlew and
Daily Record, a Rally (except 9sturi". Sunday and Legal
Holldaysl newspaper, published at Miami In Dede County,
Florida; that the attached copy of advertisement, being a
Legal Adverdsemant of Notice In the mansr of
CITY OF 141AMI
PUblic Hearing — April 18r 1985
Re: BAYSHIDE SPECIALTY CENTER
inthe ........ X..X..X......................... court,
was published In said newspapor in the issues of
April 5, 1985
WV 601 MIAMI, FL611116A
11111101102 60 OUSUC 111KA111N6
A public hearing will be held by the Commission of the City of
Miami. Florida, on Thursday April 18, 1985, at 3:30 P.M., In the City
Commission Chambers at City Hell, 35M Pan American Drive, Miami,
Florida, tot the purpose of awarding a construction contract to the
lowest responsible and responsive bidder, at the conclusion of a
bidding period during which the number of calendar days Intervening
between the last date of publication of the Notice Inviting Bids and
the final date for submitting bids has been reduced, for the following
designated Public Works Improvement:
BAYSIDE SPECIALTY CENTER
Bayfront Park Auditorium demolition which Includes removal
of existing asbestos material within the building prior to
demolition, relocation of electric services, demolition and
removal of the building, foundations, and adjacent parking
areas, roads, sidewalks and curbs, and related site elements.
All interested persons are invited to appear and may be heard
concerning such proposed waiver and contract award. Should any
AHlont further says that the said Miami Review and Daily person desire to appeal any decision of the City Commission with
Rocad ISO published at MIAMI in saw Dads county. respect to any matter considered at this hearing, that person shall
Florida, and that tha said newspaper has henlofon t»en ensure that a verbatim record of the proceedings Is made, Including
continuously published In am Dade County Ftorlds. each day
(sxeept Saturday, Sunday and Legal Mofida rai and has been all testimony and evidence upon which any appeal may be based.
entered As second close MAN matter at t post office In
Mig" in a" Dado County, Florida. for a period of Noyear
Mxt laement: and ofn faMcoding the firstfuurther says that sication of the he hascnellhor
pawnor pros * any person, firm a eo , Non, any discount, Adv: 3156.
rebsN commlaelon of rotund for the purpose of securing this 415
adr•A;isanrenl for publication in the said rrorrspapat.
../...... .,., ,. ............ ..
Swish id salt subscdw before me this
Sth of ... - ... �'1.... to.... SS
N61s 0eblk„ StNe o/ Florida at largo
Ralph G. Ongle
City Clerk
85-040504M
(SEAL)
My Commission expires dune 1, diet.
MR 136
460d) 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, construction of the Project has been completed, and the
Government and the City desire to provide recreation facilities (hereinafter
referred to as "facilities") for the Project; and
WHEREAS, the city is empowered to contract with the Government to
construct, operate, and maintain recreation facilities; and
WHEREAS, the cost of constructing said facilities will be shared by
the parties in accordance with cost -sharing provisions of the Federal Water
Project Recreation Act (PL 89-12)9 (16 U.S.C. 460 L-12); and
WHEREAS, the legislative history of the Energy and Water Development
Appropriation Act of 1984 (PL 98-50), as amended by the Energy and Water
Development Appropriation Act of 1985 (PL 98-360), made funds available
for the project and set forth the unusual and unique features of this
project;
85-rU&
AND DAILY RECORD
PubMshed Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE-
before the undersigned authmtty personally appeared
SOMA ffalllim, who on oath finis that the Is the Assistant to
Ilse Superwaor of LigH Adteftismg Of the IIAIeth! ReWsw and
Daily Record, a dolly (sheep, Saturday, Sunday, and Legal
tfolids") hwaspopet, published at INlathl In Dods County,
Florida; that the attached copy of advartloomint, being a
Legal Advall OM of Notice in the (natter of
CITY OF MIAMI
Public Hearing — April 18, 1985
Re; BAYSHIDE SPECIALTY CENTER
in the ........ X. X..X......................... Court,
was published In sold newspaper In the Issues of
April 5, 1985
CItT OF MIANI, FLOItiibA
NOTICN Oft Pubut NIiANINh
A public hearing will be held by the Commission of the City of
Miami. Florida, on thursday April 18, IM, at 3:30 P.M., In the City
Commission Chambers at City Half, 3500 Pan American Drive, Miami,
Florida, for the purpose of awarding a construction contract to the
lowest responsible and responsive bidder, at the conclusion of a
bidding period during which the number of calendar days Intervening
between the last date of publication of the Notice Inviting Bids and
the final date for submitting bids has been reduced, for the following
designated Public Works Improvement:
BAYSIDE SPECIALTY CENTER
Bayfront Park Auditorium demolition which includes removal
of existing asbestos material within the building prior to '
demolition, relocation of electric services, demolition and
removal of the building, foundations, and adjacent parking
areas, roads, sidewalks and curbs, and related site elements.
All interested persons are Invited to appear and may be heard
concerning such proposed waiver and contract award. Should any
AHIant further says thst the sold Miami Regow and Daily person desire to appeal any decision of the City Commission with
Record is a namom s► sold
Mtoft In sold Dodo County, respect to any matter considered at this hearing, that
Flortde, and that the poper has heretofore been g, person shell
continuously published in sold Dade County. Ftor" each day ensure that a verbatim record of the proceedings is made, including
(except Saturday, Sunday and LpN MWIQsyai and has been all testimony and evidence upon which any appeal may be based.
entered d a@... .lees nuN matbr et the post offke In
MW M In sold Deft County, Florlds, for @period of one you
nett �� iapdirq the filet publication of the @"ached copy of
adrerNeornom and theism further says that she has neither
reobot@@commissionfor refporsoi or the purpose M secuNrq�thissl Adv: 3156.
~"mu" for publication in the am newspaper. 415
Swrfir @fib subscribed before me this
5th OY of .... �'1.... te..... 85
N61eroblleasteli of F orid@ at tarp.
ISFJ►L►
My Commission expires Julne 1, 1087.
MR 136
on
Ralph G. Ongie
City Clerk
85-040504M
t
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0 0
CONTRACT BETWEEN
L" l THE UNITED STATES OF AMERICA
AND
THE CITY OF MIAMIt FLORIDA
FOR
RECREATION DEVELOPMENT
AT THE
BAYFRONT PARK, MIAMI HARBOR, FLORIDA
THIS CONTRACT, entered into this day of
198 , by and between the UNITED STATES OF AMERICA (hereinafter called the
"Government"), represented by the Contracting Officer executing this contract
and the City of Miami (hereinafter called the "City"),
WITNESSETH THAT:
WHEREAS, construction of the Miami Harbor Project (hereinafter called
the "Project") was authorized by Rivers and Harbors Act approved March 2, 1945
(PL 14 79th Congress) as modified by the Land Acquisition Policy Act of 1960
(PL 86-645) as set forth in Senate Document 71 85th Congress; and
WHEREAS, Section 4 of the 1944 Flood Control Act, as amended (16 U.S.C.
460d) 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, construction of the Project has been completed, and the
Government and the City desire to provide recreation facilities (hereinafter
referred to as "facilities") for the Project; and
WHEREAS, the city is empowered to contract with the Government to
construct, operate, and maintain recreation facilities; and
WHEREAS, the cost of constructing said facilities will be shared by
the parties in accordance with cost -sharing provisions of the Federal Water
Project Recreation Act (PL 89-72)9 (16 U.S.C. 460 L-12); and
WHEREAS, the legislative history of the Energy and Water Development
Appropriation Act of 1984 (PL 98-50), as amended by the Energy and Water
Development Appropriation Act of 1985 (PL 98-360), made funds available
for the project and set forth the unusual and unique features of this
project;
�95-435,
I
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NOW THEREPORt, the parties agree as follows:
ARTICLE I - LANDS AND_FACILITIES
i
(a) the Government agrees to design and construct the facilities to
provide for optimum enhancement of general recreation consistent with other
authorized project purposes. Prior to the first Government expenditure for
recreation facilities to be constructed under this contract, the City will
convey to the United States by Warranty Deed, supported by title evidence
satisfactory to the Contracting Officer, 5.69 acres of land consisting of
3.17 acres of upland and 2.52 acres of submerged land. Details of the lands
to be conveyed, as concurred in by the City, are shown on Exhibit "A"
attached hereto and made apart of this contract.
(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 which the Government will construct in accordance
with this contract. The presently estimated cost of facilities to be so
provided is contained in Exhibit "B", 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 initial recreational development, the Government will make available, by
i
lease, approximately 4.27 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 pursuant
>`
to this contract, 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, including this subparagraph
r,
(c), shall merge into any such lease, but each and every obligation of each
p,.
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
2 85-435'-.
the necessary appropriations and funds being allocated and made available for
the work required hereunder.
ARTICLE 2 = CONSIDERATION AND PAYMENT
(a) Project Development. The estimated separable cost of project
development, including lands and facilities, is estimated to be E109454,O0O.
The Government's share of the separable cost is estimated to be E4,4899000.
The city's share of the separable cost is estimated to be $5,9659000.
Prior to the first Government expenditure hereunder and again each Government
fiscal year hereafter, the Government Contracting Officer shall calculate
the estimated expenditures which each party shall have made through the
end of such period. If the total estimated expenditures by the Government
shall exceed those of the city, the city shall pay the Government such sum
as will equal the expenditures of the parties. In computing expenditures
there shall be considered, in addition to cash expenditures, the fair market
value of contributed land, at the time such land is provided, which value
shall not include enhancement due to the Project. The fair market value of
all land so provided and the actual costs of all other contributions in kind
will be credited toward the city's share subject to Article 1(b). However,
the credit allowed shall not exceed the amount of the Government's share
of the design and construction costs attributable to the recreation facilities
to be developed under this contract.
(b) Other Federal Funds. No credit of any kind whatsoever will be
allowed the city for expenditures financed by, involving, or consisting
of, either in whole or in part, contributions or grants of assistance
received from any Federal agency, in providing any lands or facilities for
recreation.
(c) Adjustments to Reflect Costs. The dollar amounts set forth in
this Article are based upon the Government's best estimates and are
subject to adjustments based on the costs actually incurred. Such estimates
are to be construed as representations of the total financial
responsibilities of each of the parties except for adjustments for
actual costs.
ARTICLE 3 - CONSTRUCTION AND OPERATION OF ADDITIONAL FACILITIES
Certain types of facilities, including but not necessarily limited
85-435;
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to restaurants, lodges, cabins, clubhouses, marinas, and such similar
revenue- produtinq facilities, may be constructed by the City or third
Parties and may be operated by the City or by third oarties on a concession
basis. Any such construction and operation of these types of facilities
shall be compatible with all croject purposes and shall be subject to the
Prior approval of the Contracting Officer. However, the City shall not
receive credit for costs of such facilities against amounts due and payable
under Article 2 and such facilities shall not be deemed to be develooed
or constructed with Government assistance for purposes of Article l(d).
ARTICLE 4 - FEES AND CHARGES
No fees for entrance to the recreation areas beinq developed or for
use of project facilities and areas will be assessed or collected by the
City as oart of initial project operation. In the event it is subsequently
determined by the City that such fees should be assessed and collected,
a mutually acceptable fee schedule will be negotiated by -the parties which
shall thereafter be reviewed by the parties not less often than every five
years and renegotiated after such review at the request of either party.
ARTICLE 5 - FEDERAL AND STATE LAWS
i
a
(a) In acting under its rights and obligations hereunder, the City
agrees to comoly with all applicable Federal and State laws and regulations,
?
including but not limited to the provisions of the Davis -Bacon Act (40 U.S.C.
276 a-a(7)); the Contract Work Hours and Safety Standards Act (40 U.S.C.
327-333); and Part 3 of Title 29, Code of Federal Regulations.
(b) The City furnishes, as part of this agreement, an assurance,
Exhibit "D", that it will comply with Title VI of the Civil Riahts Act of
1964 (78 Stat. 241, 42 U.S.C. 2000d, et seq) and Department of Defense
Directive 5500.11 issued pursuant thereto and published in Part 300 of
Title 32, Code of Federal Regulations. The City agrees that it will
obtain such assurances from all of its concessionaires.
ARTICLE 6 - OPERATION AND MAINTENANCE
The City shall be resoonsible for all operation, maintenance, and
replacement without cost to the Government, of all facilities developed
to suoport project recreation and under no circumstances shall these
resoonsibilities be assumed by the Federal Government. The City shall
maintain all Project lands, water, and facilities in a manner satisfactory
to the Contracting Officer and pursuant to the provisions of the
4 . 857435...
X�.
lease which will subsequently be entered into between the parties hereto.
ARTICLE 7 - RELEASE OF CLAIMS
The Government and its officers and employees shall not be liable
1
in any manner to the City for or on account of damage caused by the development,
operation, and maintenance of the recreation facilities of the Project. The
City hereby releases the Government and agrees to hold it free and harmless
and to indemnify it from all damages, claims, and demands that may result from
development, operation, and maintenance of the recreation areas and facilities,
except damages due to the fault or negligence of the United States or its
contractors.
ARTICLE 8 - INSURANCE
(a) The City shall require all concessionaires and sublessees to
obtain from an insurance company licensed in the State and acceptable to
the Government, liability or indemnity insurance providing for minimum
limits of $1,000,000 per person in any one claim, and an aggregate limit
of $2,000,000 for any number or persons of claims arising from any one
incident with respect to bodily injuries or deaths resulting therefrom,
and $50,000 for damage to property, or a combined single limit coverage
of $2,050,000 for all damage, suffered or alleged to have been suffered by
any person or persons resulting from operations under any agreement between
the City and its concessionaires.
i
(b) The City shall obtain from an insurance company licensed in the
State and acceptable to the Government, liability or indemnity insurance
providing for minimum limits of $1,0009000 per person in any one claim,
7�
and an aggregate limit of $2,000,000 for any number of persons or claims
for damages against the City for injury to or loss of property, personal
injury or death, suffered or alleged to have been suffered by any person
x'
or persons resulting from operation by the City.
ARTICLE 9 - TRANSFER OR ASSIGNMENT
"'.--
The City shall not transfer or assign this contract nor any rights
acquired thereunder, nor grant any interest, privilege or license whatsoever
in connection with this contract without the approval of the Secretary of
the Army or his authorized representative except as provided in Article
t
3 of this contract.
5 . 55-435'. .
{yyyyr�T'
0
ARTICLE 10 - DEFAULT
If the City fails to meet any of its obligations under this agreement,
the Government may terminate the whole or any part of this contract and
the lease granted to the City for accomplishing the purpose of this agreement.
The rights and remedies of the Government provided in this Article shall
not be exclusive and are in addition to any other rights and remedies
provided by law or under this contract.
ARTICLE 11 -,EXAMINATION OF RECORDS
The Government and the City shall maintain books, records, documents,
and other evidence pertaining to costs and expenses incurred under this
contract, to the extent and in such detail as will properly reflect all
net costs, direct and indirect, for labor, materials, equipment, suopiies,
and services and other costs and expenses of whatever nature involved
therein. The Government and the City shall make available at their offices
at reasonable times, the accounting records for inspection and audit by
an authorized representative of the parties to this contract during the
period this contract is in effect.
ARTICLE 12 - RELATIONSHIP OF PARTIES
The parties to this contract act in an independent capacity in the
performance of their respective functions under this contract and neither
party is to be considered the officer, agent, or employee of the other.
ARTICLE 13 - INSPECTION
The Government shall at all times have the right to make inspections
concerning the operation and maintenance of the lands and facilities to
be provided hereunder.
ARTICLE 14 - OFFICIALS NOT TO BENEFIT
No member of or delegate to the Congress, or Resident Commissioner,
shall be admitted to any share or part of this contract, or to any benefit
that may arise therefrom; but this provision shall not be construed to
extend to this contract if made with a corporation for its general benefit.
ARTICLE 15 - COVENANT AGAINST CONTINGENT FEES
The City warrants that no person or selling agency has been employed
or retained to solicit or secure this contract upon agreement or under-
standing for a commission, percentage, brokerage, or contingent fee,
excepting bona fide employees or bona fide established commercial or
selling agencies maintained by the City for the purpose of securing
85-435:
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ARTICLE 10 - EFAAULT
If the City fails to meet any of its obligations under this agreement,
the Government may terminate thb whole or any part of this contract and
the lease granted to the City for accomplishing the purpose of this agreement.
The rights and remedies of the Government provided in this Article shall
not be exclusive and are in addition to any other rights and remedies
provided by law or under this contract.
ARTICLE 11 - EXAMINATION OF RECORDS
The Government and the City shall maintain books, records, documents,
and other evidence pertaining to costs and expenses incurred under this
contract, to the extent and in such detail as will properly reflect all
net costs, direct and indirect, for labor, materials, equipment, suopiies,
and services and other costs and expenses of whatever nature involved
therein. The Government and the City shall make available at their offices
at reasonable times, the accounting records for inspection and audit by
an authorized representative of the parties to this contract during the
period this contract is in effect.
ARTICLE 12 -,RELATIONSHIP OF PARTIES
The parties to this contract act in an independent capacity in the
performance of their respective functions under this contract and neither
party is to be considered the officer, agent, or employee of the other.
ARTICLE 13 - INSPECTION
The Government shall at all times have the right to make inspections
concerning the operation and maintenance of the lands and facilities to
be provided hereunder.
ARTICLE 14 - OFFICIALS NOT TO BENEFIT
No member of or delegate to the Congress, or Resident Commissioner,
shall be admitted to any share or part of this contract, or to any benefit
that may arise therefrom; but this provision shall not be construed to
extend to this contract if made with a corporation for its general benefit.
ARTICLE 15 - COVENANT AGAINST CONTINGENT FEES
The City warrants that no person or selling agency has been employed
or retained to solicit or secure this contract upon agreement or under-
standing for a commission, percentage, brokerage, or contingent fee,
excepting bona fide employees or bona fide established commercial or
selling agencies maintained by the City for the purpose of securing
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85--435: .
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business. For breach or violation of this warranty, the Government shall
have the right to annul this contract without liability or in its discretion
to add to the contract price or consideration, or otherwise recover, the
full amount of such commission, percentage, brokerage or contingent fee.
ARTICLE 16 - ENVIRONMENTAL QUALITY
(a) In furtherance of the purpose and policy of the National Environmental
Policy Act of 1969 (Public Law 91-•190), 42 U.S.C. 43219 4331-4335) and
Executive Order 11514, entitled "Protection and Enhancement of Environmental
Quality," March 5, 1970 (35 Federal Register 4247, March 7, 1970) the
Government and the City recognize the importance of preservation and
enhancement of the quality of the environment and the elimination of
environmental pollution. Actions by either party will be after consideration
of all possible effects upon the project environmental resources and will
incorporate adequate and appropriate measures to insure that the quality of
the environment will not be degraded or unfavorably altered.
(b) During construction and operation undertaken by either party,
specific actions will be taken to control environmental pollution which
could result from their activities and to comply with applicable Federal,
State and local laws and regulations concerning environmental pollution.
Particular attention should be given to (1) reduction of air pollution by
control of burning, minimization of dust, containment of chemical vapors,
and control of engine exhaust gases and smoke from temporary heaters;
l
(2) reduction of water pollution by control of sanitary facilities, storage
of fuels and other contaminants, and control of turbidity and siltation from
erosion; (3) minimization of noise levels; (4) on and off site disposal of
waste and spoil activities; and (5) prevention of landscape defacement and
damage..
ARTICLE 17 - BINDING EFFECT
(a) This agreement shall be binding upon and inure to the benefit of
the parties hereto, and their respective successors and assigns.
(b) Failure on the part of either party to complain of any act or
failure to act of the other party or to declare the other party in default,
irrespective of how long such failure continues, shall not constitute a
waiver by such party of its rights hereunder.
ss-435;,
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ARTICLE 18 i EF'PECTIYE__ DATE
This contract shall take effect upon approval by the Secretary of the
' Army or his authorized representative.
j IN WITNESS WHEREOF, the parties have executed this contract as of the
day and year first above written.
THE UNITED STATES OF AMERICA
CITY OF MIAMI, a municipal corporation
of the State of Florida
BY:
H
Colonel, Corps of Engineers City Manager
Contracting Officer
U.S. Army Engineer District
Jacksonville
DATE: ATTEST:
APPROVED:
BY:
DATE:
City Clerk
APPROVED AS TO FORM AND CORRECTNESS
LUCIA ALLEN
City Attorney
8Sr43S!-.
a
j CERTIFICATE OF AUTHORITY
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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 the agreement
between the United States of America and the City of Miami in connection with
Recreation Development 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 91-611 and that the person(s) 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
day of , 19
(Seal, if necessary)
DOUGHERTY
City Attorney
(Acknowledgement, if necessary)
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Contrib CPS Items Bayfront Pa
Item
Description
Unit
quantity
Unit
Cost
Subtotal
Cost
Total
Cost
In -Kind CityOCost Cit cost
By City 11 00
1
Courtesy Docks (PL98-50)..............f.......................
$ 184,085
la
Concrete Piles
L.F.
3,153
$ 25.00
S78,825
tb
Concrete Girders and Joists
C.Y.
156.
280.00
43,680
.
tc
Timber Decking
L.F.
7,725
.80
6,180
le
Miscellaneous
JOB
1
L.S.
5,000
If
Timber finger piers
S.F.
560
90.00
50,400
2
Landscaping (PL98-50)...................................•--
49,775
2a
Coconut Palms
EA
72
400.00
28,800
2b
Sod
S.F.
31,500
.45
14,175
2c
Mahogany (transplant)
EA
2
400.00
800
2d
Coarse Gravel
C.Y.
300
20.00
6,000
3
Bulkhead (PL98-50)--------------------------------------
2,325,000
3a
Steel Sheet Piling
S.F.
50,000
30.00
1,500,000
3b
Concrete Anchor Piling
L.F.
1,680
25.00
42,000
3c
Concrete Cap
C.Y.
556
250.00
139,000
3d
Revetment Stone
TONS
18,400
35.00
644,000
4
Walkway (PL98-50)•--•---------------------------------------
428,025
4a
Baywalk
C.Y.
1,160
195.00
226,200
4b
Circular Walk
C.Y.
1,035
195.00
201,825
5
Lighting (PL98-50)---------------------------------------
94,745
$a
Bollard Fixtures
EA
9
625.00
5,625
5b
Overhead Fixtures
EA
52
1,660.00
86,320
5c
Uplights
EA
8
350.00
2,800
6
Park Benches (PL98-50)
C.Y.
100
750.00
75,000
7
Trash Receptacles (PL98-50)''EA
6
500.00
3,000
8
Utilities (PL98-50)-------------------------------------------
30,960
Sa
Sprinkler System
JOB
1
L.S.
16,500
8b
Water Line
L.F.
200
7.40
1,480
8c
Storm Drain
L.F.
400
8.45
3,380
8d
Catch Basin
EA
3
1,200.00
3,600
Be
Sedimentation Basin
EA
2
3,000.00
6,000
9
Site Work (PL98-50)
ACRE
4.11
3,000.00
12,330
10
Mobilization and
Demobilization (PL98-50)
JOB
1
L.S.
50,000
11
Landfill (PL98.36U) --------------------------------------
593,550
Ila
Silt Removal
C.Y.
21,300
10.50
223,650
ilb
Fill Material
C.Y.
61,650
2.00
.0-
$123,300
11c
Hauling 6 Placing Fill Mat.
C.Y.
61,650
6.00
369,900
12
Fountain Sheet Pile Foundation b
Utility Trench (PL98-360)------------------------------------
667,400
12a
Site Work
JOB
1
L.S.
96,230
12b
Dewatering
JOB
1
L.S.
186,265
12c
Tremie Concrete
JOB
1
L.S.
161,600
12d
Piles
JOB
1
L.S.
85,800
12e
Concrete
JOB
1
L.S.
96,710
12f
Waterproofing
JOB
1
L.S.
40,795
B-1
rl
85-435;
NON•FEOERAL
!
FEDERAL PORTION (BAYWALK)
PORTION _ --
CONTRIBUTIONS
O.P.S. ITEMS
BAYFRONT PARK
TOTAL IN -KIND
CITY COST
CITY COST
ITEM DESCRIPTION COST BY CITY
100%
100�
Subtotal (PL98-50)(Items 1-10) $3,252,920
Contingencies (20%) 650.580
Subtotal $3,903,500
Eb0 and S&A 0 5t) 585,500
P Total 98-50 Construction $4,489,000
Cost Items 1-10)
-
Land Cost SSm965.000
Total PL98-50 Project Cost $10.454.000
a
Subtotal (PL98-360)
(Items 11 and 12) $1,260,950 S 123,300
t
Contingencies (20% 252,190 _ 24,700
Subtotal $1,513,140 S 148,000
E60 and S&A (15t) 226,860 0
Total PL98-360 Construction
Cost (Items 11 an 12) $1,740,000 $ 148,000
Total PL98-360 Project Cost $1,888,000
13 OPS Items
a Silt Removal for Bayfill
$ 70,350 1/
b Fill for Bayfill
c Revetment Stone for Aesthetics
116,1602/
147,2003/
j
Subtotal (a thru c)
$333,650
Contingencies (10a)
33,365
}
Subtotal
Eb0 and S&A (154)
$367,015
54,985
^
'.
Total OPS Cost
$422,000
`
14 Upland Development
$14,000,000
'
Subtotal Project Cost $6,229,000 $6,113,000
$422,000
$14,000,000
Total Federal Project Cost $12,342.000
Grand Total Project Cost
126,764.000
1/ 6,700 c.y. of silt removed
2/ 19,3SO c.y. of fill material hauled to site and placed
3/ 3,680 tons of ri ra
H• <_
B-2
I
85-435:_
DEPARTMENT OF THE ARMY
LEASE
FOR PUBLIC PARK AND RECREATIONAL PURPOSES
NUMBER: _.
BAYFRONT PARK, MIAMI HARBOR, FLORIDA
THE SECRETARY OF THE ARMY under authority of Section 4 of the Act of
Congress approved 22 December 19440 as amended (16 U.S.C. 460d), and the
Federal Water Project Recreation Act, 79 Stat. 214 (16 U.S.C. 46OL-13),
and pursuant to a contract entered into on
by and between the United States of America and the c ty 67 Miam , Flor a,
(hereinafter referred to as the Contract), hereby grants to the city of
Miami, Florida, a lease for a'period of fifty (50) years commencing on
, and ending on to use and
occupy approximately acres of Governments -owned land under the
primary jurisdiction of t e Department of the Army as shown in red on
attached Exhibit "A,"and as more particularly described on attached Exhibit
"8," subject to all terms and conditions of this lease.
THIS LEASE is granted subject to the following conditions:
1. The lessee shalt conform to such regulations as the Secretary of
the Army may issue to govern the public use of the project area, and shall
comply with the provisions of the above -cited Act of Congress. The lessee
shall protect the premises from fire and vandalism, and may make and enforce
such regulations as are necessary and within its legal authority, in exerci-
sing the privileges granted in this lease, provided that such regulations are
not inconsistent with those issued by the Secretary of the Army or with
provisions of the above -cited Act of Congress.
2. The lessee agrees to administer the land and water areas included in
the lease for recreational purposes, and to bear the costs of operation,
maintenance, and replacement of all facilities and improvements on the
premises at the commencement of this lease or added during its term. As used
in this lease the term "replacement" shall be construed to mean the replacement
in whole or in part of any structure or improvement so worn or damaged by any
cause to no longer adequately serve its designed function with normal maintenance.
The lessee shall be guided by an Annual Plan of Operation and Maintenance in
furtherance of the Plan of Recreation Development and Management adopted
pursuant to Article 1(b) of the Contract and by this reference made a part
hereof. On or before the anniversary date of the lease each year, the parties
shall agree on the Annual Plan which shall include but is not limited to the
following:
a. Plans for management activities to be undertaken by the lessee
including improvements and other facilities to be constructed thereon in
accordance with the Contract.
b. Report of the management, maintenance, and development accomplish-
ments of the lessee for the preceding year.
c. Significant modifications of policies or procedures which have
developed or are to be applied.
d. Minor modifications to the Plan of Recreation Development and
Management (major modifications to be accomplished by amendment of the Plan).
3. In addition to any subsequently agreed upon fees and charges
authorized under the provisions of Article 4 of the Contract, the lessee
and his sublessees may conduct such revenue -producing activities as are
within the scope of Article 3 of the Contract.
EXHIBIT loci$
8S-43S: ,
I
4. that upon the commencement of this lease the parties hereto shall
cause to be made an inventory of all improvements constructed in whole or
in part with Federal funds under the terms of the Contract. Certain hypes
of "Additional Facilities", including but not limited to restaurants, lodges,
cabins, clubhouses, marinas, and such similar revenue producing facilities
constructed under the authority of Article 3 of the Contract shall not be
added to this inventory. The inventory of improvements shall include descriotions
and drawings sufficient to permit their identification and condition, and to
replace them if required during the term or on the expiration or termination
of this lease. Said inventory and all amendments thereto shall be approved in
writing by authorized representatives of the parties hereto and shall thereupon
become a part of this lease as if originally annexed.
S. The lessee may grant permits and licenses, and sublease all or portions
of the leased property for purposes which are consistent with the terms and
conditions of this lease and with the Plan of Recreation Development and
Management. All such grants shall state that they are granted subject to the
provisions of this lease. The terms and conditions of permits, licenses, and
subleases granted by the lessee for revenue producing purposes shall first be
approved by the District Engineer in writing. In order to protect the investments
of sublessees, the District Engineer is authorized to approve subleases which
require the Government to continue to honor such parts of the subleases which
may be necessary to assure the continuation of the subleased activities upon
a default which would result in a revocation of the prime lease under Condition
14 hereof.
6. The lessee shall establish and maintain adequate records and accounts
and render annual statements of receipts and expenditures to the District
Engineer except for annual or weekly entrance fees which also are honored
at other recreational areas operated by the lessee. The District Engineer
shall have the right to perform audits of the lessee's records and accounts,
and to require the lessee to audit the records and accounts of sublessees, and
furnish the District Engineer a copy of the results of such an audit.
7. The rates and prices charged by the lessee or its grantees for
revenue-producinq activities shall be reasonable and comparable to rates
charged for similar goods and services by others in the community. The
Government shall have the right to review such rates and prices and require
an increase or reduction where it finds the objective of this paragraph has
been violated.
8. The right is reserved to the United States, its officers, agents,
and employees, to enter upon the premises at any time to make inspections
concerning the operation and maintenance of the lands and facilities provided
hereunder, and for any puroose necessary or convenient in connection with
river and harbor and flood control, and the lessee shall have no claim for
damages of any character on account thereof against the United States or
any agent, officer, or employee thereof.
9. The United States shall not be responsible for damages to property
or injuries to persons which may arise from or be incident to the exercise
of the privileges herein granted, or for damages to the property of the
lessee, or for damages to the property or injuries to the person of the
lessee's officers, agents, servants, or employees or others who may be
on the premises at their invitation or the invitation of any one of them,
arising from or incident to the flooding of the premises by the Government
or flooding from any other cause, or arising from or incident to any other
governmental activities, and the lessee shall hold the United States harmless
from any and ail such claims.
10. The City shall require all concessionaires and sublessees to obtain
�- from a reputable insurance company, acceptable to the Government, liability
or indemnity insurance providing for minimum limits of $1,000,000 per person
in any one claim, and an aggregate limit of $2,000,000 for any number of
i persons or claims arising from any one incident with respect to bodily
injuries or death resulting therefrom, and $509000 for damage to property
or a combined single limit coverage of $2,050,000 for all damage suffered
2 . 8574351,
0
or alleged to
the operation
this lease.
have been suffered by any person or persons resulting from
of the concessionaires or sublessees under the terms of
That upon co wncement of this lease, the City shall obtain from an insurance
company licensed in the State and acceptable to the Government, liability
or indemnity insurance providing for minimum limits of $1,000,000 per person
in any one claim, and an aggregate limit of $20009000 for any number of
Persons or claims for damages against the City for injury to or loss of
Property, personal injury or death, suffered or alleged to have been
suffered by any person or persons resulting from operations by the City.
11. The lessee or its grantees shall not discriminate against any person
or oersons because of race, creed, color, sex, or national origin in the
conduct of its operations hereunder. The lessee has furnished as part of
the Contract an assurance that it will comply with Title VI of the Civil
Rights Act of 1964 (78 Stat. 241) and Department of Defense Directive, 5500.11
issued pursuant thereto and published in Part 300 of Title 32, Code of
Federal Regulations, and all grantees shall supply like assurances (Exhibit "C").
12. This lease is subject to all existing easements, and easements
subsequently granted, for roadways, and utilities and for other purposes
located or to be located on the premises, provided that the proposed grant
of any easement will be coordinated with the lessee and easements will
not be granted which will, in the opinion of the District Engineer, interfere
with developments, present or proposed, by the lessee.
13. The lessee shall comply promptly with any regulations, conditions,
or instructions affecting the activity hereby authorized if and when Issued
by the Environmental Protection Agency and/or State Water Pollution Control
Agency having jurisdiction to abate or prevent water pollution. Such
regulations, conditions, or instructions in effect or prescribed by the
Environmental Protection Agency or State Agency are hereby made a condition
of this lease.
14. This lease may be revoked by the Secretary of the Army in the event
the lessee violates any of the terms and conditions of this lease and continues
and persists therein for thirty (30) days after notice thereof, in writing,
by the District Engineer. Such a termination shall not derogate or diminish
such other remedies in law as may be available to the Government and in no
way shall it act to relieve the lessee of his responsibilities and obligations
under the Contract. In lieu of revocation, the District Engineer, in his
discretion, upon a finding that a violation constitutes a health or safety
hazard may suspend the use of that operation or facility until such deficiency
is rectified.
15. On or before the date of expiration of this lease, the lessee shall
vacate the premises, remove its property therefrom, and restore the premises
to a condition satisfactory to the District Engineer. If, however, this
lease is revoked the lessee shall vacate the premises, remove its property
therefrom, and restore the premises as aforesaid within such time as the
Secretary of the Army may designate. In either event, if the lessee shall
fail or neglect to remove its property and so restore the premises, then
its property shall become the property of the United States without compensation
therefor, and no claim for damages against the United States or its officers
or agents shall be created or made on account thereof.
16. All notices to be given pursuant to this tease shall be addressed,
if to the lessee, to the City Manager, City of Miami, Florida, 3500 Pan
American Drive, Miami, Florida 331339 if to the Government, to the District
Engineer, U.S. Army Engineer District, P.O. Box 4970, Jacksonville, Florida
32232-0019, or as may from time to time be directed by the parties. Notice
shall be deemed to have been duly given if and when inclosed in a properly
sealed envelope or wrapper, addressed as aforesaid and deposited postage prepaid
in a post office or branch post office regularly maintained by the United
States.
3
95-435' .
IP
IN WITNESS WHEREOF, I have hereunto set my hand by authority of the
Secretary of the Army this __,, day of i9
t
w
Chief: Real Estate Division
U.S. Army Corps of Engineers
Jacksonville, Florida District
THIS LEASE is also executed by the lessee, this day of
19 0
ATTEST:
City Clerk
APPROVED AS TO FORM AND CORRECTNESS:
City Attorney
THE CITY OF MIAMI, a municipal Corporation
of the State of Florida
City Manager
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Tract NB„
Proposed Baywalk Area • Bayftout Park
Legal Description
i
A tract or parcel of land located in Townsbip 54 South, flange 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-767,294.889 y-5239736.28;
Thence South 89059156" East, (grid bearing of North 87042'37" East) along
said Monument Line Chopin Plaza 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-5231769.63t
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*01136" East) along the face of
f'
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 of 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*42137" West, a distance
of 20 feet to a point designated PL-2;
Y;
Thence North 02*01143" West, a distance of 85.59 feet to a point designated
PL-3;
Thence South 87*42137" West, a distance of 10.11 feet to a point designated
PL-4;
Thence North 02001109" West, a distance of 37.46 feet to a point designated
y
I
PL-5;
Thence Northwesterly 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 135.41 f eet to a point designated PL-6;
Thence South 87°58'44" West, a distance of 44.52 feet to a point designated
PL-7;
Thence North 02*01'36" West, a distance of 234.97 feet to a point designated
PL-8
Thence Northwesterly along curve concave to the right, with a radius of
x '
155.80 feet, an arc distance of 427.73 feet, the chord of which bears North
01032136" West 305.55 feet to a point designated PL-9;
-'
Thence North 25°02'46" East a distance of 13.48 feet to a point designated
Z"
PL-9A;
Thence North 13*01'34" West a distance of 21.86 feet to a point designated
PL-9B;
Thence North 76*57136" East a distance of 17.02 feet to a point designated
PL-9C;
IV
t.
0
Thence North 24*56113" East a distance of 460.89 feet to a point
designated PL-10;
Thence North 65°03132" West a distance of 53.50 feet to a point
designated PL=11;
Thence North 24.56107" East a distance of 115.00 feet to a point
designated n-12;
Thence South 65'03142" East a distance of 66.00 feet to a point
designated PL-13;
Thence North 24.56'06" East a distance of 202.97 feet to a point
designated PL-14;
Thence South 87•22136" East a distance of 100.29 feet to a point
designated PL-13;
Thence South 24*59158" West a distance of 673.39 feet to a point
designated PL-16;
Thence South 02*01130" East a distance of 371.87 feet to a point
designated PL-17;
Thence Southwesterly along a curve concave to the rights with a
radius of 245.54 feet, an are distance of 141.96 feet, the chord of
which bears South 14*3210111 West 139.99 feet to a point designated
PL-18;
Thence Southeasterly along a curve concave to the left with a
radius of 154.46 feet, an arc distance of 182.87 feet, the chord of
which bears South 02*48159" East, 172.38 feet to a point designated
PL-19;
Thence Southeasterly along a curve concave to the right, with a
radius of 253.04 feet, an arc distance of 153.28 feet, the chord of
which bears South 19022138" East, 150.94 feet to a point designated
PL-20;
Thence South 02°00'07" East, a distance of 115.64 feet to a
point designated PL-21;
Thence South 87*42137" West, a distance of 53.03 feet, more
or less, to the point of beginning.
Containing 5.69 acres, more or less and designated as Tract "B"
of the Miami Harbor Bayfront Park project.
25 January 1985
s-
P
THE SPONSOR HEREBY AGREES THAT it will comply with Title VI of the Civil Rights
Act of 1964 (P.L. 88-362) and all requirements imposed by or pursuant to the
Directive of the Department of Defense (32 CFR, part 300, issued as Department
of Defense Directive 5500.11, Change 3, dated 11 April 1966) issued pursuant to
that title, to the end that, in accordance with Title VI of the Act and the
Directive, no person in the United States shalt, on the ground of race, color,
or national origin be excluded from participation in, be denied the benefits
of, or be otherwise subjected to discrimination under any program or activity
for which the Sponsor receives Federal financial assistance from the Department
of the Army and HEREBY GIVES ASSURANCE THAT it will immediately take any measure
necessary to effectuate this agreement.
If any real property or structure thereon is provided or improved with the aid
of Federal financial assistance extended to the Sponsor by the Department of the
Army, assurance shall obligate the sponsor, or in the case of any transfer of
such property, any transferee, for the period during which the real property or
structure is used for a purpose for which the Federal financial assistance is
extended or for another purpose involving the provision of similar services or
benefits. If any personal property is so provided, this assurance shall obli-
gate the Sponsor for the period during which the Federal financial assistance
is extended to it by the Department of the Army.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any
and all Federal grants, loans, contracts, property, discounts or other Federal
Financial assistance which were approved before such date. The sponsor recog-
nizes and agrees that such Federal financial assistance will be extended in
reliance on the representations and agreements made in this assurance, and that
the United States shall have the right to seek judicial enforcement of this
assurance. This assurance is binding on the Sponsor, its successors, trans-
ferees, and assignees, and the person or persons whose signatures appear below
are authorized to sign this assurance on behalf of the Sponsor.
DATE:
BY:
ATTEST:
EXHIBIT "C"
85--435'-.
i
• i
THE SPONSOR HEREBY AGREES THAT it will comply with Title VI of the Civil Rights
Act of 1964 (P.L. 88-362) and all requirements imposed by or pursuant to the
Directive of the Department of Defense (32 CFR, Part 3009 issued as Department
of Defense Directive 5500.11, Change 39 dated 11 April 1966) issued pursuant to
that title, to the end that, in accordance with Title VI of the Act and the
Directive, no person in the United States shall, on the ground of race, color,
or national origin be excluded from participation in, be denied the benefits
of, or be otherwise subjected to discrimination under any program or activity
for which the Sponsor receives Federal financial assistance from the Department
of the Army and HEREBY GIVES ASSURANCE THAT it will immediately take any measure
necessary to effectuate this agreement.
If any real property or structure thereon is provided or improved with the aid
of Federal financial assistance extended to the Sponsor by the Department of the
Army, assurance shall obligate the sponsor, or in the case of any transfer of
such property, any transferee, for the period during which the real property or
structure is used for a purpose for which the Federal financial assistance is
extended or for another purpose involving the provision of similar services or
benefits. If any personal property is so provided, this assurance shall obli-
gate the Sponsor for the period during which the Federal financial assistance
is extended to it by the Department of the Army.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any
and all Federal grants, loans, contracts, property, discounts or other Federal
Financial assistance which were approved before such date. The sponsor recog-
nizes and agrees that such Federal financial assistance will be extended in
reliance on the representations and agreements made in this assurance, and that
the United States shall have the right to seek judicial enforcement of this
assurance. This assurance is binding on the Sponsor, its successors, trans-
ferees, and assignees, and the person or persons whose signatures appear below
are authorized to sign this assurance on behalf of the Sponsor.
DATE:
{
,
BY:
ATTEST:
EXHIBIT "D"
85-435' .
CI" OF MIAMI. FLORIDA
t
INT1t*d0FP1C1 MIMONANDUM {
S
1
*e: Sergio Pereira Data: April 1?$ 1985 FILM
City Manager
stivustict: Corps of Engineers Boyfront 1
Park Baywalk Agreement 1
John E. Gilchrist City Commission Meeting
a Aset. to the City Mtiger "'�`""""'` Agenda Item April 18, 1985
Special Projects Task Force r"eLosv"961
It is recommended that the Cit
Commission a rove e atteched
resolution authorizing the City
Aanageer`to` execute a contract
and a lease a reemen in substantially
e forms aftsonea heretog between the
City of Miami and the United States
of America for public park and
recreational purposes at Ba front Park
Miami Harbor and further, authorizing
e exeoutlon and conveyance of a
warranti deed to the United States
BF America"For a total of 5.69 of
upland and submer ed land Ts-
describe3 In Exhibit F`Ffthe afore-
mentioned agreement.
The City Commission by Resolution 81-78 dated February 11, 1981
expressed the intent to enter into an agreement with the US Army Corps
of Engineers conveying certain properties in Bayfront Park and Biscayne
Bay for the design and construction of a baywalk, bulkhead and certain
other improvements and to lease back the said properties to the City at
no cost.
The City Manager was authorized and directed by Resolution 83-622 dated
July 18, 1983 to execute a contract and lease agreement in substantially
the form presented to the Commission at that time with the U.S. Army
Corps of Engineers for the design and construction of the facilities.
The attached resolution authorizes the City Manager to execute a
contract, lease agreement and warranty deed in the fora attached which
contains certain changes in land area, insurance requirements and
participation considerations from the 1983 agreement.
It is recommended that the City Commission approve the attached
resolution authorizing the City Manager to execute this attached
agreements.
85-435- .
85-446� !
PIN
WARRANTY DEED
THIS INDENTURE, made this day of
A.D. 196S, by and between the CITY OF MIAMI, Dade County,
Florida, party of the first part, AND the UNITED STATES OF
AMERICA, and its assigns, party of the Second part, by the
i
Department of the Army, Jacksonville District Corps of Engineers,
P.O. Box 4970, Jacksonville, Florida.
WITNESSETH, that the said party of the first part, FOR AND
IN CONSIDERATION of the sum of SIX MILLION SIX HUNDRED THOUSAND
SIX HUNDRED AND FORTY SEVEN DOLLARS ($6,600,647.00), cash in
hand paid by the party of the second part, the receipt of which
is hereby acknowledged, the party of the first part does hereby
grant, bargain, sell, convey, and confirm unto the said party of
the second part, and its assigns, Forever, all the tract(s) or
parcel(s) of land lying and being in the County of Dade and State
of Florida, described as follows, to -wit:
A tract or parcel of land located in
Township 54 South, Range 42 Easts, Dade
County, Florida, being more particularly
i 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-523,736.281
Thence South 89059/560 East, (grid
bearing of North $7042.37" East) along said
Monument Line Chopin Plaza a distance of
834.50 feet, more or less, to its intersec-
tion 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, Floridan
Thence South (grid bearing of South
02001/360 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 North-
east 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 a grid coordinate value of
x-768,129.59, y-523,744.651 the following
bearings and distances are based on
Transverse Mercator Grid System Florida East
Zone.
85-435- .
i
i
Prom said point of beginning thence run
South 87042137" West, a distance of 20 feet
to a point designated PL-2;
Thence North 02601143" West, a distance
of 85.59 feet to a point designated PL"3;
Thence South 87042137" West, a distance
of 10.11 feet to a point designated PL-4;
Thence North 02001109" West, a distance
of 37.46 feet to a point designated PL-5;
Thence Northwesterly 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 41043130" West
135.41 feet to a point designated PL-6;
Thence South 87058144" West, a distance
of
44.52 feet to a point designated PL-7;
Thence North 02001136" West, a distance
of
234.97 feet to a point designated PL-8;
Thence Northwesterly along curve concave
to
the right, with a radius of 155.80 feet,
an
arc distance of 427.73 feet, the chord of
which bears North 01032/360 West 305.55 feet
to
a point designated PL-9;
Thence North 25002146" East a distance
of
13.48 feet to a point designated PL-9A;
Thence North 13001/340 West a distance
?
of
21.86 feet to a point designated PL-98;
Thence North 760571360 East a distance
of
17.02 feet to a point designated PL-9C;
Thence North 24056113" East a distance
f
of
460.89 feet to a point designated PL-10;
Thence North 65003132" West a distance
of
53.50 feet to a point designated PL-11;
Thence North 24056107" East a distance
of
175.00 feet to a point designated PL-12;
Thence South 65003142" East a distance
<:
of
66.00 feet to a point designated PL-13;
Y;N
Thence North 24056106" East a distance
y. X'
of
202.97 feet to a point designated PL-14;
Thence South 87022136" East a distance
of
100.29 feet to a g -
point designated PL 15;
Thence South 24059158" West a distance
of
673.39 feet to a point designated PL-16;
Thence South 02001/301 East a distance
<.r.:
of
371.67 feet to a point designated PL-17;
..
Thence Southwesterly along a curve
concave
to the right, with a radius of 245.54
feet, an are distance of 141.96 feet, the
�Y`
k
chord of which bears South 14032/010 West
139.99
feet to a point designated PL-18;
-2 85-435: ,
r A -
Thence Southeasterly along a curve
concave to the left with a radius of 154.46
feetr an are distance of 182.87 feet, the
chord of which bears South 02048159" SSast,
172.38 feet to a point designated PL-191
Thence Southeasterly along a curve
concave to the right, with a radius of 253.04
feet, an are distance of 153.28 feet, the
chord of which bears South 19022138" East,
150.94 feet to a point designated PL-20;
Thence South 02000107" East, a distance
of 115.64 feet to a point designated PL-21;
Thence South 87042.37" West, a distance
of 53.03 feet, more or less, to the point of
beginning.
Containing 5.69 acres, more or less and
designated as Tract "B" of the Miami Harbor
Bayfront Park project.
The above estate is conveyed subject to existing easements
for public roads and highways, public utilities, railroads and
pipelines.
The party of the first part does hereby fully warrant the
title to said land, and will defend the same against the lawful
claims of all persons whomsoever.
And for the same consideration the party of the first part
does hereby remise, release and quitclaim unto the said UNITED
STATES OF AMERICA and its assigns, all right, title and interest
they may have in and to any streams, alleys, roads, streets,
ways, strips, gores, or railroad rights -of -way abutting or
adjoining said land.
IN WITNESS WHEREOF, the CITY OF MIAMI, FLORIDA, party of the
first part, has caused these presents to be executed in its name,
by its City Manager attested by its City Clerk, at Miami, Dade
County, Florida on the day and year first above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
CITY OF MIAMI, FLORIDA
ey:
SERROW FENEXIM
City Manager
ATTEST:
By:
BEPH 0. ORMI
City Clerk
(SEAL)
-3-
85-435-
4k
Ikk
STATE OF FLORIDA
COUNTY OF DADE
PSASONALLY appeared before me, the undersigned authority in
and for the State and County aforesaid, the within named 8ERO10
PEREIRA and RALPH G. ONGIE, who acknowledged that they are,
respectively, the City Manager and City Clerk of the City of
Miami, [Florida, that they signed, sealed, and delivered the above
and foregoing instrument the day and year mentioned as the act
and deed of said City, and that they were duly and properly
authorized to do so.
WITNESS MY HAND AND OFFICIAL SEAL at Miami, Florida on this
the day of , 1985.
(SEAL)
PUBER
MY COMMISSION EXPIRES:
JEM/wpc/pb/408