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HomeMy WebLinkAboutR-84-1117J-H4-9016 mm RESOLUTION NO. 84---1117 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE EXCHANGE OF REAL PROPERTY BETWEEN DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND THE CITY OF MIAMI, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA, IN ACCORDANCE WITH THAT CERTAIN LAND EXCHANGE AGREEMENT BETWEEN THE CITY AND THE COUNTY DATED DECEMBER 20, 1979. WHEREAS, pursuant to that certain Land Exchange Agreement between the CITY and the COUNTY, dated December 20, 19799 the parties agreed that if the COUNTY were able to relocate the mounted patrol stables presently located on the Stockade Addition Property to a mutually agreeable site, the CITY would convey said property to the COUNTY; and WHEREAS, the CITY and COUNTY have mutually agreed that the CITY is to convey Stockade Addition Property to the COUNTY for exchange of the foregoing Training and Treatment Center in exchange for conveyance by the COUNTY of the Virginia Key Property to the CITY for use as Mounted Patrol Stables, which will include facilities for the CITY K-9 Unit, hereinafter referred to as "Mounted Patrol Stables"; and WHEREAS, Chapter 125.38, Florida Statutes, permits conveyance of County -owned real property to a municipality; and WHEREAS, the CITY has applied to the COUNTY for conveyance of the Virginia Key Property to the CITY; and WHEREAS, the COUNTY has applied to the CITY for conveyance _W of the Stockade Addition Property to the COUNTY; -. ih NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY -r OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute an agreement, in a form acceptable to the City Attorney, for the Exchange of Real Property between Dade County, a political subdivision of the State of Florida, and the City of Miami, a municipal corporation of the State of Florida, in accordance with that certain Land Exchange Agreement between the CI X wid CITY i I COUNTY dated December 20, 1979; using the legal descriptions as contained in the attached Agreement for the Exchange of Real Property. Section 2. The City Attorney is hereby authorized to execute the closing of this Real Property by Warranty Deeds. PASSED AND ADOPTED this loth day of October-9 1984. Maurice A. Ferre MAURICE A. FERRE M A Y O R ATTEST: RALF1 G. ONGIE, CITY CL&RK PREPARED AND APPROVED BY: / %F aaa :4&404 ROBERT F. CLARK DEPUTY CITY ATTORNEY APPROVE TO F 7 D CORRECTNESS: UCIA A. DOUGHERTY1 CITY ATTORNEY to: honorable Mayor and Members of the City Commission . FROM: Howard V. Gary City Manager OATE: December 6, 1984 FILM SUBJECT: Exchange of Property Between Metropolitan Dade County and City of REFERENCES: Miami ENCLOSURES: On October 10, 1984, the City Commission authorized the exchange of property between the City of Miami and Metropolitan Dade County (stockade property for Virginia Key property). That authorization carried with it a requirement for Metropolitan Dade County to reimburse the City of Miami $1.2 million for Block 88 North in the Government Center no later than September 30, 1985, and proceed with the Liberty City substation lease as rapidly as possible. Included with this memorandum is my October 30, 1984 letter to County Manager Merrett Stierheim who has accepted those con- ditions as indicated by his signature. cc; Ralph Ongie, City Clerk to . -e r7 Cn I C11 Y MANAGER'S OFFICE ul1 �U U l�J Sk NOY 13 PM 4: 20 V October 30, 1984 Mr. Merrett Stierheim County Manager Metropolitan Dade County 73 W. Flagler Street Miami, Florida 33130 Dear Mr. Stierheim: HOWARD V. GARY City Manager On October 10, 1984 the City Commission authorized the exchange of pro erty between Metropolitan Dade County and the City of Miami k toekade property for Virginia Key property). As a result of the City Commission discussion and telephone conversation with you during the Commission meeting, it was agreed that the City of Miami would make the stockade property available to Metropolitan Dade County as rapidly as possible and Metropolitan Dade County would provide suitable police stable facilities at Tropical Park. As this letter is being prepared City and County staff are meet- ing to develop the minimum requirements necessary to temporarily relocate the stables. Additionally, it is the City of Miami's selection pursuant to the agreement to have Metropolitan Dade County design and construct the permanent stable facilities at Virginia Key. The City of Miami Public Works Department will coordinate the architectural review and on -site supervision of construction. You will recall that Metropolitan Dade County has indicated an emergency condi- tion and will construct the stables on Virginia Key as an emer- gency project. Additionally, pursuant to the land exchange agreement Metropoli- tan Dade County is required to pay to the City of Miami $1.2 million for Block No. 88 North. You have previously ,in catol that the payment will be made at the time of sale of thT nett seaport bonds and as a result of discussions surrounding I exchange of property you have agreed that payment will be mf JV Is the City no later than September 30, 1985 regardless of thsa of seaport bonds. C, i Additionally you agreed to consumate the City of Miami's e Dade County property for the Liberty City substation sie a� rapidly as possible. 01-F(CE OF 71tF CITY MANAGER 3500 Pan American Drive/Miami, Florida 33233-0708/(305) 579-6040 i4° n' Y� z rn A fit 0 C11 Y MANAGER'S OFFICE 04 NOV 13 Pa 4120 October 30, 1984 Mr. Merrett Stierheim County Manager Metropolitan Dade County 73 W. Flagler Street Miami, Florida 33130 Dear Mr. Stierheim: HOWARO V. GARY city Manama On October 10, 1984 the City Commission authorized the exchange of property between Metropolitan Dade County and the City of Miami (stockade property for Virginia Key property). As a result of the City Commission discussion and telephone conversation with you during the Commission meeting, it was agreed that the City of Miami would make the stockade property available to Metropolitan Dade County as rapidly as possible and Metropolitan Dade County would provide suitable police stable facilities at Tropical Park. As this letter is being prepared City and County staff are meet- ing to develop the minimum requirements necessary to temporarily relocate the stables. Additionally, it is the City of Miami's selection pursuant to the agreement to have Metropolitan Dade County design and construct the permanent stable facilities at Virginia Key. The City of Miami Public Works Department will coordinate the architectural review and on -site supervision of construction. You will recall that Metropolitan Dade County has indicated an emergency condi- tion and will construct the stables on Virginia Key as an emer- gency project. Additionally, pursuant to the land exchange agreement Metropoli- tan Dade County is required to pay to the City of Miami $1.2 million for Block No. 88 North. You have previously ,in cam that the payment will be made at the time of sale of th E neft seaport bonds and as a result of discussions surrounding I exchange of property you have agreed that payment will be m3de the City no later than September 30, 1985 regardless of th sang of seaport bonds. 9; st a Additionally you agreed to consumate the City of Miami's a 48 Dade County property for the Liberty City substation 8 3 an rapidly as possible. F OFFICE OF THE CITY MANAGER 3500 Pan American Drive/Miami, Florida 33233-0708/(305) 579-6040 7 ri} Mr. Merrett Stierheim page 2 Please indicate Countrward y acceptance these mutuallyloned importantupro jests so that we may move as rapidly as possible. Sinc y, Howard V. ary City Manager Acceptance: I Manager Merrett tierheim, ounty g • MIrTROPOLITAN DADS COUNTY • FLORIDA OFFICE OF COUNTY MANAGER 911 COURTHOUSE MIAMI• FLORIDA 33130 Al Mr. Howard V. Gary City Manager City of Miami 3500 Pan American Drive Miami, n 33133 tt At . a�`j �' "+ t a � L �Vs� -t OY •,�i f k -� r , '�` ? � ' C; i:� AGREEMENT FOR EXCHANGE OF REAL PROPERTY s THIS AGREEMENT, made and entered into this day of r 1984, by and between DADE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to.as the "CITY". W I T N E S S E T H: WHEREAS, the CITY owns in fee simple absolute approximately 7.5 acres of land located at 4100 N.W. 69 Avenue, Miami, Florida, hereinafter referred to as the "Stockade Addition Property", on which r is presently located the Mounted Patrol Stables; and ` WfiEREAS, the COUNTY owns in fee simple absolute approximate- ly 2.5 acres of land located on Virginia Key, hereinafter referred to as the "Virginia Key Property", which is part of the Central District Sewage Treatment Plant site; and WHEREAS, pursuant to that certain Land Exchange Agreement between the CITY and the COUNTY dated December 20, 1979, the parties agreed that if the COUNTY was able to relocate the Mounted Patrol Stablgs presently located on the Stockade Addition Property to •a f • mutually agreeable site, the CITY would convey said property to the •COUNTY; and WHEREAS, the COUNTY must comply with a court order dated May- 5, 104 and signed by Judge Hoeveler of the U. S. District Court and&. pursuant thereto, the COUNTY requires the Stockade Addition Property: '- for construction of a 1,000-bed addition to the Dade County Training and Treatment Center located at N.W. 36th Street and Milan Dairy Road; and 0 0 to • U11EREAS6 the CITY and the COUNTY have mutually agreed that the CITY shall convey the Stockade Addition Property to the COUNTY for expansion of the foregoing.Tr.iining _and Treatment Center in exchange for conveyance by the COUNTY of the Virginia Key Property to the CITY for use as.Mounted Patrol Stables, which will include facilities for the City K-9 Unit, hereinafter referred to as "Mounted Patrol Stables"; and WHEREAS. Chapter 125.38, Florida Statutes, permits the Conveyance of County -owned real property to a municipality; • and _ WHEREAS, the CITY has applied to the COUNTY for conveyance - of the Virginia Key Property to the CITY; and i I WHEREAS, the COUNTY has applied to the CITY for conveyance j of the Stockade Addition Property to the COUNTY, a NOW, THEREFORE, IN CONSIDERATION of the mutual covenants set forth herein, it is understood and agreed as follows: 1. CONVEYANCE OF REAL PROPERTY BY THE CITY. The CITY hereby warrants and represents that it owns fee simple title to approximately 7.5 acres of land in Dade County, Florida, on which it maintains the Mounted Patrol Stables, said property hereinafter referred to as the Stockade Addition Property and legally described on Exhibit "A", attached hereto and made a part hereof. Subject to simultaneous conveyance of the Virginia Key Property by the COUNTY, the CITY agrees to convey to the COUNTY, its successors and assigns, good, marketable, and insurable fee simple absolute title to said property by General Warranty Deed, subject only to easements and restrictions of record, if any, as acceptable to the COUNTY, and free and clear of all other liens, claims and encumbrances. 2. CONVEYANCE OF REAL PROPERTY BY THE COUNTY. The COUNTY hereby warrants and represents that' it owns fee simple title to approximately 2.5 acres of land in Dade County, Floridap satd propetty :9 C ----------- — ---- hereinafter referred to as the Virginia Key ropertq and legally described in Exhibit "$", attached hereto and made a part hereof. Subject to simultaneous conveyance of, the Stockade Addition property by the CITY, the COUNTY agrees to convey to the CITY, its successors and assigns, good, marketable.and insurable fee simple absolute title to said property by County Deed, subject only to easements and restrictions of record, if any, as acceptable to the CITY, and free and clear of all other liens, claims and encumbrances. 3. DESIGN AND CONSTRUCTION OF MOUNTED PATROL STABLES. Subject to the mutual conveyance of the Stockade Addition Property and the Virginia Key Property, the COUNTY, on behalf of and for the benefit' of the CITY, agrees to design, bid and construct facilities for Mounted Patrol Stables, including facilities for the City K-9 Unit on the Virginia Key Property, said facilities to be owned and operated by the CITY. The COUNTY agYres�to advertise for and receive proposals and to award a contract for design of the Mounted Patrol Stables in compliance with Section 287.055, Florida Statutes, if applicable. The --" design shall be subject to reasonable approval of the CITY. The COUNTY agrees to advertise for and receive bids for construction of the Mounted Patrol Stables and to award a construction contract(s) pursuant to established competitive bidding procedures. The contracts for design and construction of the Mounted Patrol Stables shall be between the COUNTY and the respective JI consultant and contractor(s) and will be executed on the COUNTY's ....J. �,. standard form contract documents. The COUNTY will be responsible for administration of all contract design and construction work, including making progress payments to the design consultant and contractor(s). The COUNTY will inspect the work performed during its progress. . . The COUNTY agrees to assume responsibility for the design and construction of the Mounted Patrol Stables up to a saximuta amount of Five Hundred Thousand Dollars ($500,900t00)$ which.shall= include but not be limited to all costa in respect to the design and consttuer tion of the Mounted Patrol Stables, the administration of the tx S1 I contracts. and tonsttuction work, contract formation, supervision and inspection services, necessary force account work, additional costs of design and construction, including extra work and change orders and errors, omissions and modifications to the as -bid plans and specifica- tions, The CITY agrees to assume responsibility for and to pay upon demand from the COUNTY, all costs for design and construction of the Mounted Patrol Stables which exceed Five Hundred Thousand Dollars ($500,000.00), including those costs referenced in the preceding paragraph. Should the total of all of said costs be less than Five Hundred Thousand Dollars ($500,000.00), the COUNTY shall pay to the CITY.the difference between the total costs and Five Hundred Thousand Dollars ($500,000.00). Prior to award *of.,the construction contract(s) by the COUNTY, the CITY shall secure and furnish to the COUNTY all necessary licenses, permits, approvals and easements to allow construction of the Mounted Patrol Stables. Notwithstanding the foregoing provisions of this section, the CITY shall have the option to design and construct the Mounted Patrol Stables with its own forces and, if the CITY so elects, it shall notify the County Manager in writing within thirty (30) days of the e2cecution of this Agreement by both parties. Upon such notifica- tion from the CITY, the COUNTY shall pay the amount of Five Hundred Thousand Dollars ($500,000.00) to the CITY, and shall have no liability for design and construction of the Mounted Patrol Stables. • 4. INDEMNIFICATION BY CITY. If the COUNTY constructs the Mounted Patrol Stables on the Virginia Rey Property on behalf of the CITY, the CITY, in consideration thereof, agrees to indemnify and save harmless forever, the COUNTY, its officers, agents and employees, from and against all claims, demands, actions, judgments, liability, costs and expenses, Including reasonable attorneys' fees, due to, arisins froth and related to design and construction of the Mounted patrol Stables which are due to the negligence of the COUNTY. i - 5• INDEMNIFICATION BY COUNTY. If the CITY constructs the t Mounted Patrol Stables on the..Virginia Key Property on behalf of the CITY, the COUNTY, in consideration thereof, agrees to indemnify and save harmless forever, the CITY, its officers, agents and employees, from and against all claims, demands, actions, judgments, liability, costs 'and expenses, including reasonable attorneys' fees, due to, arising from and related to design and construction of the Mounted Patrol Stables which are due to the negligence of the CITY. Notwithstanding anything to the contrary in this Agreement, nothing contained herein is intended or" shall be construed to impose any liabilities on the COUNTY and CITY beyond the limitations of Chapter 768.28, Florida Sta'tvtes. 6. WAIVER OF COUNTY TOLLS. The COUNTY agrees to waive tolls on the Rickenbacker Causeway for all CITY vehicles to be used in the normal operation of the Mounted Patrol Stables to be located on Virginia Key. In connection therewith, the COUNTY agrees to make available ten (10) emblems each year for CITY vehicles crossing the Causeway. 7. PEST CONTROL. The COUNTY agrees to use its best efforts to provide mosquito and fly control at the Mounted Patrol Stables to the reasonable satisfaction of the CITY. 8. CLOSING. The closing date for conveyance of the ! Stockade Addition and Virginia Key properties shall be April 30, 1985, or on such other date as mutually agreed by the parties. The COUNTY z shall be responsible for documentary stamps on the Virginia Key deed and County surtax, if applicable, and the CITY shall be responsible for documentary stamps on the Stockade Addition deed and CopAty surtax, if applicable. E .k 9. POSSRSSION OF PROP%R MS. No Inter than April 30, 1983, the COUNTY and the CITY shall vacate the Virginia Key and Stockade Addition properties and shall remove all personal property, buildingai fixtures and fences located on their respective properties. Howevero if the COUNTY designs and Constructs the Mounted Patrol Stables ` pursuant to Section 3 herein and the Stables are not ready for occupancy on April 30, 1985, through no fault of the CITY, the COUNTY agrees to provide temporary alternate facilities for the Mounted Patrol Stables. If the CITY designs and constructs the Stables, the t COUNTY shall have no obligation to provide alternate facilities. 10. GENERAL PROVISIONS. a. Nothing expressed or implied herein is intended or shall be construed to confer upon or to give any person, ffrm•,,corporation or other entity other than the parties hereto, any right, remedy or claim under or by reason of this Agreement or by reason of any term, covenant, condition, promise and agreement �- contained herein and shall be for the sole and exclusive benefit of the parties hereto, their successors and assigns. No third party beneficiary rights are intended or implied. i b. This Agreement shall be binding upon the parties _ i is hereto, their successors and assigns. • c. This Agreement has been duly authorized, executed s and delivered by each party hereto and constitutes a legal, valid and binding obligation of each party enforceable against each party in accordance with �- its terms. d. If any part of this Agreement is held to be invalid, the remainder of this Agreement shall not be affected thereby.'. ay u 6 p� This document embodies the entire agreement and understanding between the parties hereto, and any s ` other agreements and understandings, whether verbal or written, with reference to the subject matter of this Agreement• are merged herein or superseded hereby. f. No alteration, change or modifications of the terms of this Agreement shall be valid unless made in j writing and signed by both parties hereto. g. The COUNTY and the CITY each represent to the other that no real estate broker is or has been involved in this transaction. i- i_ . i- h. The COUNTY, and the CITY agree that time is of the essence in this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this _- Agreement to be executed the date and year first above written. ATTEST: RICHARD P. BRINKER, CLERK By• Deputy Clerk • _ (SEAL) ATTEST: DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By• M. R. STIERHEIM County Manager CITY OF MIAMI, a municipal corporation of the State of Florida Authorized by the Board of County Commfssionera, June 5t 19841 Commissioner tarry D. Schreiber's Report. x Approved by County Attorney as to form and legal sufficiency. Approved by City Attorney as to form and legal sufficiency, i i i gip: 2 EXHIBIT "A" I ErAL DFSCRI rl'I ON FUR THE CITY OF miAmi PROPERTY AT THE DADE .COUNTY STOCKADE SITE All that pai-t of the West 1/2 of the NE 1/4 of Section 26, Tcamship 53 South, Range 140 Lasts hide County, •F.l on da, lying Northerly of the right . of way for the N.W. 36th Street Eaten'sion, as said right of way is shown on the State of Florida State Road Departnent Right of I•lay Map thereof recorded in Plat Book 75 at Page 80 of the Public Records of Aide County, Florida and lying Westerly of a line 90 feet Westerly of and parallel with the centerline of the original main track of the Okeechobee -Miami- Extension of the Florida Fast Coast Railway, LESS the West 200.00 feet thereof, AND 1ESS the East 200.00 feet bf the West 400.00 feet of the South 325.00 feet of the North 360.00 feet thereof, AND LESS that portion thereof previously conveyed to Dade County, f-or.use for a Detention, Rehabilitation, Stockade Correction Program, by that certain Warranty Deed dated March 11, 1980 and recorded in Official Records Book 10725 at Page 450 of the Public Records of Dade County, Florida. Together with that certain Easement for Road Access Purposes granted by that certain.Grant of Easements dated June 30, 1953 and recorded in Deed Book 3795-at Page 428 of the Public Records of Dade County, Florida. i Togethee,with all rights granted by that certain Easement dated April 11, 1980 and recorded in Official Records Book 10725 at Page 458 of the Public Records of Dade County, Florida. _ Together with all reversionary rights retained by the City of Miami in that; certain Deed dated March 27; 1972 and recorded in Offical Records Book 8719 at Page 923 of the Public Records of Dade County, Florida.__ if Together with all reversionary rights retained by the City of Miami in that certain Warranty Deed dated March 11, 1980 and recorded in Official -Records Book 10725 at Page 450 of the Public Records of Dade County, Florida. 1X='DESCRIMON A strip of land 1200.00 feet long by 100.00 feet wide lying in Section 16, Township 54'South, Range 42 Fast, Dade County. Florida being nore particularly described as follows: OCH4MCE at the Northwest corner of said Section 16; thence 0 N 89 35- 46" E along the north line of said Section 16 for a distance of 1250.00 feet; thence S OCP - 24' - IV' E for.a distance of 1040.00 feet; thence N 89P - 35' - 46" E for a distance of 2205.00 feet; fliance S 0& - 24' - 14! ' E 'for a distance of 1019.92 feet-- thence S 53O - 18' - 41" W for a distance of 473.27 feet to the POINT OF BEGIMM; thence S 890 - 35' - 46" W for a distance of 1200.00 feet; thence N 0& - 24' - 1W W for a distance of 100.00 feet; thence N 890 - 35' - 46" E for a distance of 1200.00 feet; thence S 000 *- 241 - 10 E for a distance of 100.00 feet to the Poin OF BEGINNING. The South 30.00 feet of the above described strip of land is subject to a utility easement granted to Florida Power and Light Company uAl-dich must be contacted for permission to use this land. -A Q AMA IRV ; i AGREEMENT FOR .EXCHANGE OF•,REAL,PROPERTY THIS AGREEMENTO made and entered into this._ aday of _, 19840 by and between DADE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to -as the "CITY". W I T N E S S E T H: WHEREAS, the CITY owns in fee simple absolute approximately 7.5 acres of land located at 4100 N.W. 69 Avenue, Miami, Florida, hereinafter referred to as the "Stockade Addition Property", on which is presently located the Mounted Patrol Stables; and WHEREAS, the COUNTY owns in fee simple absolute approximate- ly 2.5 acres of land located on Virginia Key, hereinafter referred to as the "Virginia Key Property", which is part of the Central District Sewage Treatment Plant site; and WHEREAS, pursuant to that certain Land Exchange Agreement between the CITY and the COUNTY dated December 20. 1979, the parties • 1 i� agreed that if the COUNTY was able to relocate the Mounted Patrol i Stablee presently located on the Stockade Addition Property to -a- the CITY convey said to. the • mutually agreeable site, would property , • COUNTY; and t WHEREAS# the COUNTY must comply with a court, order 4ata4 May_; 5, 1914 and signed by Judge Aoeveler of the V. S. District Court.sn4,.„4- pursuant thereto, the COUNTY requires the Stockade. Add tiga- Property,,, for construction of a 1,000-bed addition to the Dade County Training and Treatment Center located at N.W. 36th Street and Milan Dairy Road; and �. r _: x0.• _ Sftp, r k AGREEMENT FOR EXCHANGE OF,REAL,PROPERTY THIS AGREEMENT, made and entered into this__ _day of 1984, by and between DADE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to -is the "CITY". W I T N E S S E T H: , WHEREAS, the CITY owns in fee simple absolute approximately 7.5 acres of land located at 4100 N.W. 69 Avenue, Miami, Florida, hereinafter referred to as the "Stockade Addition Property", on which is presently located the Mounted Patrol Stables; and WHEREAS, the COUNTY owns in fee simple absolute approximate- ly 2.5 acres of land located on Virginia Key, hereinafter referred to as the "Virginia Key Property", which is part of the Central District Sewage Treatment Plant site; and WHEREAS, pursuant to that certain Land Exchange Agreement between the CITY and the COUNTY dated December 20. 1979, the parties agreed that if the COUNTY was able to relocate the Mounted Patrol Stables presently located on the Stockade Addition Property to a mutually agreeable site, the CITY would convey said property to the. .COUNTY; and h'HEREAS, the COUNTY must comply with a court order dated May 59 1914 and signed by Judge Hoeveler of the U. S. District Court 4nd,:. pursuant thereto, the COUNTY requires the Stockade Addition Property_ for construction of a 1,000-bed addition to the Dade County Training and Treatment Center located at N.W. 36th Street and Milan Dairy Road$ and r �: I As • • 1MEREAS, the CITY and the COUNTY have mutually agreed that 1 the CITY shall convey the Stockade Addition Property to the COUNTY for i expansion of the foregoing . Tr.iining .and Treatment Center in exchange for conveyance by the COUNTY of the Virginia Key Property to the CITY for use as Mounted Patrol Stables, which will include facilities for the City K-9 Unit, hereinafter referred to as "Mounted Patrol Stables"; and k 's WHEREAS, Chapter 125.38, Florida Statutes, permits the i 1conveyance of County -owned real property to a municipality; and ,� .. WHEREAS, the CITY has applied to the COUNTY for conveyance = of pbe Virginia Key Property to the CITY; and I WHEREAS, the COUNTY has applied to the CITY for conveyance i 1 -of the Stockade Addition Property to the COUNTY, = NOW, THEREFORE, IN CONSIDERATION of the mutual covenants set � ` o forth herein, it is understood and agreed as follows: 1. CONVEYANCE OF REAL PROPERTY BY THE CITY. The CITY hereby warrants and represents that it owns fee simple title to approximately 7.5 acres of land in Dade County, Florida, on which it maintains the Mounted Patrol Stables, said property hereinafter referred to as the Stockade Addition Property and legally described on Exhibit "A", attached hereto and made a part hereof. Subject to simultaneous conveyance of the Virginia Key Property by the COUNTY, the CITY agrees to convey to the COUNTY, its successors and assigns, good, marketable, and insurable fee simple absolute title to said property by General Warranty Deed, subject only to easements and restrictions of record, if any, as acceptable to the COUNTY, and free and clear of all other liens, claims and encumbrances. 2. CONVEYANCE OF REAL PROPERTY BY THE COUNTY,. The COUNTY F: hereby warrants and represents that' it owns fee simple title to approximately 2.5 acres of land in Dade County, Florida, said property tr -. g hereinafter referred to as the Virginia ley Iroperty afid legally described In exhibit 'W% Attached hereto and made a part hereof. Subject to simultaneous conveyance of the Stockade Addition Property by the CITY, the COUNTY agrees to convey to the CITY, its successors and assigns, good, marketable.and insdrnble fee simple absolute title to said property by County Deed, subject only to easements and restrictions of record, if any, as acceptable to the CITY, and free and clear of all other liens, clalms•and encumbrances. 3. DESIGN AND CONSTRUCTION OF MOUNTED PATROL STABLES. Subject to the mutual conveyance of the Stockade Addition Property and the Virginia Key Property, the COUNTY, on behalf of and for the benefit' of 'the CITY, agrees to design, bid and construct facilities for Mounted Patrol Stables, including facilities for the City K-9 Unit on the Virginia Key Property, said facilities to be owned and operated I by the CITY. The COUNTY aftees,to advertise for and receive proposals -_ and to award a contract for design of the Mounted Patrol Stables in r compliance with Section 287.055, Florida Statutes, if applicable. The - design shall be -subject to reasonable approval of the CITY. The _ -r COUNTY agrees to advertise for and receive bids for construction of the Mounted Patrol Stables and to award a construction contract(s) pursuant to established competitive bidding procedures. i The contracts for design and construction of the Mounted Patrol Stables shall be between the COUNTY and the respective consultant and contractor(s) and will be executed on the COUNTY's standard form contract documents. The COUNTY will be responsible for d f administration of all contract design and construction work, including making progress payments to the design consultant and contractor(s). • r The C01UNV will inspect the work performed during its progress. The COUNTY agrees to assume responsibility for the design. and construction of the Mounted Patrol Stables up to a maxims amount of Five Hundred Thousand Dollars ($500,000.00), which shall include but pot be limited to all costs in respect to the design and construes tion of the Mounted Patrol Stables, the administration of the r conrracrs. ana construction work, contract formation, supervision and Inspection services, necessary force account work, additional costs of design and construction, including extra work and change orders and errors, omissions and modifications to the as -bid plans and specifics- tions. The CITY agrees to assume responsibility for and to pay upon demand from the COUNTY, all costs for design and construction of the Mounted Patrol Stables which exceed Five Hundred Thousand Dollars ($500,000.00), including those costs referenced in the preceding paragraph. Should the total of all of said costs be less than Five Hundred Thousand Dollars ($500,000.00), the COUNTY shall pay to the CITY .the difference between the total costs and Five Hundred Thousand Dollars ($500,000.00). Prior to award 'of .the construction contract(s) by the COUNTY, the CITY shall secure and furnish to the COUNTY all necessary licenses, permits, approvals and easements to allow construction of the Mounted Patrol Stables. Notwithstanding the foregoing provisions of this section, the CITY shall have the option to design and construct the Mounted Patrol Stables with its own forces and, if the CITY so elects, it shall notify the County Manager in writing within thirty (30) days of the e2cecution of this Agreement by both parties. Upon such notifica- tion from the CITY, the COUNTY shall pay the amount of Five Hundred . Thousand Dollars ($500,000.00) to the CITY, and shall have no liability for design and construction of the Mounted Patrol Stables. 4. INDEMNIFICATION BY CITY. If the COUNTY constructs the Mounted Patrol Stables on the Virginia Key Property on behalf of the CITY, the CITY, in consideration thereof, agrees to indemnify and save harmless forever, the COUNTY, its officers, agents and employees, from and against all claims, demands, actions, judgments, liability, costae and expenses, including reasonable attorneys' feest dues to, airlsinS w. x �kx. froth and related to design and construction of the Mounted patrol Stables which are due to the negligence of the COUNTY. S. INDEMNIFICATION BY COUNTY. If the CITY constructs the Mounted Patrol Stables on the..Virginin Key Property on behalf of the CITY$ the COUNTY, in consideration thereof, agrees to indemnify and save harmless forever, the CITY, its officers, agents and employees$ from and against all claims, demands, actions, judgments, liability$ costs and expenses, including reasonable attorneys' fees, due to, farising from and related to design and construction of the Mounted Patrol Stables which are due to the negligence of the CITY. Notwithstanding anything to the contrary in this Agreement, nothing contained herein is intended or• shall be construed to impose any liabilities on the COUNTY and CITY beyond the limitations of Chapter 768.28. Florida Sta'tistes. 6. WAIVER OF COUNTY TOLLS, The COUNTY agrees to waive tolls on the Rickenbacker Causeway for all CITY vehicles to be used in the normal operation of the Mounted Patrol Stables to be located on Virginia Key. In connection therewith, the COUNTY agrees to make available ten (10) emblems each year for CITY vehicles crossing the Causeway. 7. PEST CONTROL. The COUNTY agrees to use its best efforts to provide mosquito and fly control at the Mounted Patrol Stables to the reasonable satisfaction of the CITY. 8. CLOSING. The closing date for conveyance of .tbe Stockade Addition and Virginia Key properties shall be April 30, 1985, or on such other date as mutually agreed by the parties. The COUNTY small be responsible for documentary stamps on the Virginia Key deed and County surtax, if applicable, and the CITY shall be responsible for documentary stamps on the Stockade Addition deed and. County surtax, if applicable. fr��; 9F 9. POSSESSION OP MOPERMS. No Inter than April 30, 1083o z the COUNTY and the CITY shall vacate the Virginia Key and Stockade i Addition properties and shall remove all personal property, buildings, fixtures and fences located on their respective properties. Howevero if the COUNTY designs and tonstructs the Mounted Patrol Stables pursuant to Section 3 herein and the Stables are not ready for occupancy on April 30, 1985, through no fault of the CITY, the COUNTY agrees to provide temporary alternate facilities for the Mounted Patrol Stables. If the CITY designs and constructs the Stables, the COUNTY shall have no obligation to provide alternate facilities. € t - 10. GENERAL PROVISIONS. a. Nothing expressed or implied herein is intended or "j shall be construed to confer upon or to give any person, fY'rm-,, corporation or other entity other than the parties hereto, any right, remedy or claim under <' -: t or by reason of this Agreement or by reason of any ++- 1- ='i term, covenant, condition, promise and agreement .-'=- contained herein and shall be for the sole and exclusive benefit of the parties hereto, their successors and assigns. No third party beneficiary rights are intended or implied. i b. This Agreement shall be binding upon the parties is Y hereto, their successors and assigns. c. This Agreement has been duly authorized, executed - and delivered by each party hereto and constitutes a, legal, valid and binding obligation of each party enforceable against each party in accordance with • ,j its terms.` d. If any part of this Agreement is held to be invalid# 1 the remainder of this Agreement shall not be affected thereby. §" e s7, jj.. This document embodies the entire agreement AM understanding between the parties hereto, and any i other Agreements and understandings, whether verbal or written, with reference to the subject matter of this Agreement• are merged herein or superceded hereby. 4 f. No alteration, change or modifications of the terms — of this Agreement shall be valid unless made in writing and signed by both parties hereto. i g. The COUNTY and the CITY each represent to the other that no real estate broker is or has been involved in this transaction. h. The COUNTY. and the CITY agree that time is of the essence in this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the date and year first above written. ATTEST: RICHARD P. BRINKER, CLERK By: Deputy Clerk .. (SEAL) ATTEST: By: City Clerk (SEAL) DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: • M. R. STIERHEIM County Manager t. CITY OF MIAMI, a municipal corporation of the State of Florida By: HOWARD V. GARY All City Manager Is 8 ' 5 c� W- Authorited by the Board of County COmmIsSIOnetAs June S, 19840 Commissioner Barry D, 9chreiber's Report. Approved by County Attorney as to form and legal sufficiency*' Approved by Pity Attorney as to form and legal sufficiency. - EXHIBIT "All I3r-AL DESCRIPrim FOR THE z CITY of Mimi rROmmy AT THE DADS .000NIY STOCKADE SITE All that part of the West 1/2 of the ITE 1/4 of Section 26, Township 53 —_ South, Range 40 F,ast, 113de County, Florida, lying Northerly of the right - of way for the N.W. 36th Street Exten�ion, as said right of way is shown on the State of Florida State Road Department Right of Way Map thereof _ recorded in Plat Book 75 at Page 80 of the Public Records of Dade County, — Florida and lying Westerly of a line 90 feet Westerly of and parallel - with the centerline of the original main track of the Okeechobee -Miami - _ Extension of the Florida Fast Coast Railway, LESS the West 200.00 feet thereof, AND LESS the East 200.00 feet bf the West 400.00 feet of the South 325.00 feet of the North 360.00 feet thereof, AND LESS that portion - _® thereof previously conveyed to Dade County, for.use for a Detention, Rehabilitation, Stockade Correction Program, by that certain Warranty -- Deed dated March 11, 1980 and recorded in Official Records Book 10725 at Page 450 of the Public Records of Dade County, Florida. Together with that certain Easement for Road Access Purposes granted by that certain -Grant of Easements dated June 30, 1953 and recorded in Deed - Book 3795.at Page 428 of the Public Records of Dade County, Florida. _- Together with all rights granted by that certain Easement dated April 11, AM 1980 and recorded in Official Records Book 10725 at Page 458 of the Public Records of Dade County, Florida. _ Together with all reversionary rights retained by the •ity of Miami in == that certain Deed dated March 27; 1972 acid recorded in�ffical Records Book 8719 at Page 923 of the Public Records of Dade C(Wnty, Florida. _ Together with all reversionary rights retained by the City of Miami in B= - that certain WarrantyDeed dated March 11, 1980 and recorded in Official -Records Book 10725 t Page 450 of the Public Records of Dade County, Florida.- EXHIBIT 118" IMAL ' DESaUTTION A strip of land 1200.00 feet long by 100.00 feet wide lying in Section 16, Township 54 South, Range 42 East, Dade Cmmty, Florida being more particularly described as follows: OQIMICE at the Northwest corner of said Section 16; thence N 890 - 35' - 46" E along the north line of said Section 16 for a distance of 1250.00 feet; thence S 00° - 24' - 14" E fora distance of 1040.00 feet; thence N 890 - 35' - 46" E for a distance of 2205.00 feet; thence S 00° - 24' - 14" E = for a distance of 1019.92 feet; t ence S 53° - 18' - 41" W for a distance of 473.27 feet to the POINT OF BEGINNING; thence S 89° - 35' - 46" W for a distance of 1200.00 feet; thence N 000 - 24' - 14�' W for a distance of 100.00 feet; thence N 89° - 35' - 461"E for a distance of 1200.00 feet; thence S 00° - 24' - 14" E for a distance of 100.00 feet to the POINT OF BDGIMM. The South 30.00 feet of the above described strip subject to a utility easement granted to Florida Light Cw9any which mist be contacted for permiss use this land. 16