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HomeMy WebLinkAboutR-84-0950J-84- 784 08/15/84 RESOLUTION S'1­950 A RESOLUTION AUTT10PJ-/TN(7 T111,", CITY MANAGER TO EXECUTE AN ANT,,N1)r'4T1NT, T1P,3TANT17\LLY IN THE FOPM ATTACITED, TO "PJTT-' WITH METROPOTiTTAN DADE ('01IT-197Y FOR TPA'NSPORTATION IMPROVEMENTS TO P.T--',0VTDE, ACCESS TO T11E PORT OF MI1V4I. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager i-s hereby authorized to execute an Amendment, substantially i., 11c, foy-m attached, to - i- C the Agreement with Met]-olDoli-tali Dade County for transportation improvements to access to the L- 0 Port of Miami passed July 30, 1984 as Resolution 84-782. ATTEST: C5.1 R-A-LPH G. ONGIE, CITY (UdERK PREZPA,D'AND APPROVED BY: ROBERT N. SE', II,IJ ASSISTAI' T Q-TIT .1 ATTORNEY APPROVI"�W AS , -'TO ',ND CORRECTNESS: A A. DOUG111"RTY, ATTORNEY Maur_icg A.- Ferre MAYOR �CITY COTIMISSION - ME.-*--'T-1N1G Gr AMENDMENT TO THE AGREEMENT FOR TRAM SPORTATTON IMPROVEMENTS TO PROVIDE ACCESS TO THE PORT OF MIAMI THIS AMEIIDMENT, 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 muni.ci_pal corpor,�tion of the State of Florida, (hereinafter referred to as the "CITY"). WITNESSETH WHEREAS, the negotiations with New World Marinas, Inc. requires further clarification of the Agreement between the parties. NOty I'liE, RE FORE, in consideration of the mutual promises and covenants hereinafter set forth, it is understood and agreed as follows: 1. Paragraph 11 be modified to insert the term "and expenses" after the word "revel,nes". 2. In addition, the $300,000.00 received by New World Marinas, Inc. will be calculated as an equal combination of dockage and nondockage revenues for New World Marinas, Inc.'s fiscal year 1984-1985 under its Management Agreement with the City and said revenue shall be subject to all normal deductions and offsets pursuant to said t=lanagement Agreement, it is fur. — the -understood t list any e-xpenses incurred in collecting and obtaining said $300,000.00 stral.l also I -,(- included asz an aclrE�ed deduction against t.trt-:. <:300,000.00 revenue rc_ct-ived by tles;, l or1(, marinas, Inc Ut_or; of 53o0,000.00 tc, rI i t'trc scrrrI of $30,000;00 in &n intkrest Lea)ing, trust fund to be held. for. care �<: r in t.f; t ;5� r;t tt�� City i.: (: t,t:itled to any of the f;<_,r t O; I t!Fc`(�%i as a result of 114 WI`1NE-S t-t11 REO , the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized this day and year first above written. U N (OFFICIAL SEAL) ATTEST: RICHARD P. BRINKER, CLERK Deputy Clerk (OFFICIAL SEAL) ATTEST: B RALPH G. ONGIE City Clerk DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS B M.R. STIERHEIM County Manager THE CITY OF MIAMI, a municipal corporation of the State of Florida B HOWARD V. GARY City Manager Authorized by City of. Miami Resolution No. Authorized by Dade County Resolution No. APPROVED BY COUNTY ATTORNEY AS TO FORM AND LEGAL SUFFICIENCY: County Attorney APPROVED BY CITY ATTORNEY AS TO FORM Aj�,�CORRECTNESS: n ty Attorney • U CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members DATE- August 15, 1984 FILE of the City Commission SUBJECT Port of Miami Access Agreement FROM Howard V. Gn.ry REFERENCES City Ma_n'".ger ENCLOSURES Two (2 ) Ott July 30, 1984, the City Commission adopted Resolution No. 84- 782 which authorized the City Manager to execute the attached agreement with Metropolitan Dade; County regarding the construction of a. new high level bridge to serve the Port of Miami (Attachment 1). On Friday, July 27, 1984_, after distribution of the, n.genda material :for the City CoInniiE3sioil meeting of July 30, a modification regarding pa;ymento, to the operators was reached and inadvertently not included in the Agreement; the specific portion of 16he Agreement affected is Paragr 3.ph No, 4• This ection provid(�s that in the event construct3.on of ",he new Port of Iii 3n_i. Drid&e and/or the Bay side Specialty Conter cause disruption 3.nd i.nt,erference with operation ; and reveni.zes of Miam ri l"', Cot3nt;y will be responsible C'or the Marin< The proposed modification is contained in the attached letter from :Barry Iiutun, Esquire, to Howard V. Gary, dated July 27, 1984 (Attachment, II). It is recommended that the City Commission approve this modification. 3-84-710 Attachment I 7/12/84 rr/O16/R7 M84-461 (4/20/84) RESOLUTION NO. 84-782 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREMEENET WITH METROPOLITAN DADE COUNTY REGARDING CONSTRUCT ION OF A N(-W PORT OF MJAMI BRIDGE. BE IT RESOLVED BY THE COMMIS ION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute the attached Agreement with Metropolitan Dade County regarding construction of a new Port of Miami Bridge. PASSED AND ADOPTED this 30th day of ,7uiy , 1984. Maurice A. Ferre ATTEST: _, PREPARED !14D APPROVED BY: -x- KUbLHI r Gi..rk"K, DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: 0A- ;�=DMA Y ATTORNEY CITY C0T1vj=1IS S1.0N EF1'.71N(Cj =. CITY OF MIAMI. FLORIDA 4 INTER -OFFICE MEMORANDUM TO. Howard V. Gary DATE: July 6, 1984 fn L. E: City %j Manager Port oil 'Mliami Access Agreen)ent U Walter L. Pierce'' n F �!: R E N C K 9: July 12, 1984 City Assistant City 114,amanger (Acting) Ccmmission Agenda E V, C7-- L 0 S U r4 FS: It i,,3 and recommended that the si -i c —ccren-, 11,e submi-clued to and approvc-Cj - U,Yi4--- o ,,,i m ission to allow the by p.,ie t ro pol itan Dade Co-01,nt"'; 0_1 111 i7fnll- -fixed high 200"t of M i i On April 20, 1 9184, t-he C44ty Comm.-Lssnlon pac-sed Motion No. 84-461 authorizing and instructing the City Manager to en ter into the appropriate agreement rogard`ng construction of a new Port of Miami bridge. The agreement discussed by zhe Commission on April 20 was prep- red by Dade County; it had not been reviewed for form and s U f :f, -i c, i e n c 5- . As now r a e e in e 1; , ly d n- , w' th one except -Lon, is subs-tantt a U J.. d the some as that reviewed by tiie ". orr-mi ss -Lon, this past'- Apr The -4 e x c e Dt- *-: o n th;at in addition. 11c) -roviding for after, uh e w3C paymen.�,s for, loss of b-,,Isiness -,Iiat. would be incurred vy the s on �Lo a-'lcw an advance -ayment management of '­famarin,,:-., a prov- for the d_`Orupuiorl. According 'y, it is recommended that the agreement be approved in substantially the form attached. % S 0 8 4 -7 8`021 f, 12 U AGREEMENT FOR TRANSPORTATION IMPROVEMENTS TO PROVIDE ACCESS TO THE PORT OF MIAMI THIS AGREEMENT, made and entered into this day of 1984, by and between Dade County, a political subdivision of the State o'f Floridr�, to as the "COUNTY"), and the City of Miami, a municipal corporation of the State of Florida, (hereinafter referred to as the "CITY"). WITNESSE,TH WHEREAS, the COUNTY has determined that it is of the highest priority to resolve transportation improvements at and to the Port of Miami, including the need for a new high level bridge and a tunnel; and WHEREAS, the COUNTY will establish the tunnel project within its top three (3) transportation projects and utilize its resources to obtain funding for the tunnel and related transpor- tation improvements; and WHEREAS, the COUNTY has by Resolution No. R-1118-83 approved a Three -Phase Concept Transportation Improvement Plan for Port Access at the Port of Miami and the surrounding and affected areas in the vicinity of the Port, incorporated herein by reference and at'Lachied herc-to a., Exhibi-," A; "-nd WHEREAS, the CITY is into lin entering into an agree- ment for a '1',hruc--Pha,:,e CcrAcept Tra,­_'port'ation Improvement Plan; and WHEREAS, the CITY owns Bayfront Park, in fee simple absolute, certain land and air -rights required by the COUNTY for right-of-way; and WHEREAS, the COUNTY is desirous of obtaining the right to use certain City -owned land and air -rights in Bayfront Park for right-of-way. NOW, 11HEREFORE, in consideration of the mutual promises and covenants hereinafter set forth, it is understood and agreed os 84-9s.( 84`?R:'2f U U follows: 1. 2. The Transportation Improvement Plan shall consist of the following: a. Phase 1 EXISTING STREET IMPROVEMENTS (1984-1985) 1) Remove parking on sections of 5th and 6th Streets, t ca prnvidc thrr,- (3) Inne-s Jn each direction for movir),g vehicu),ir t_r,1'kf1,c, 2) Interscction improvcm-ntr, onto 51'_h and 6th Strects, from Northwest 1. t tind, 12nd Avenue. 11 L-) T be Phase IT BRIDGE AND RA P CON ST'IRUCTTON (11984-1986). 1) Widen ca.-7,thouno SR-B36 r;-Im-p to routhbound 1-95 ramp to accommodate a ncT,-_.2 accrrs ramp from SR-636 'Co the r-oothbound 1-9.5 off -ramp to Nor thw-e st Strer""', "'kCC('!-'s to the ramp will be providca by cithcr reversing the existing traffic flo,,, on Northwest 10th Street or by making the street two-way from Northwest 3rd Avenue to the ramp. 2) Construct a new five -lane high level (65 feet clearance) bridge connecting the Port to Biscayne Boulevard consisting of four (4) driving lanes and an additional lane dedicated to the Metro - Mover Guideway. C. Phase III TUN14EL CONS'13RUCTION 1) The COUNT',_, hereby commits t-o construct, if s L2 f f i c i ri t f u .*i d s- r,,:: availabl(z,, Phase III f', tp -nrMiali toour-all tne-he T 1-395. The Qru(d al nlilt n t, under thc Dust inside th';-, f C"U'litfr F".E.C. prop(.rty Lnd 1,ark; westerly, in 1-395. 0 *-' 1 Q a I n t D In cons idt= r _--t or- Lf tl.(CTI'I'Vs granting an easement through Ba.vfrontJW.it car the Phase III Construction, the COU14TY will establish the Port of Miami Tunnel Fund f"44-950 12 I'S 3. to be used solely for the local match for Federal or State funding ol' th- tunnel, project. Funds shall be Contra k�i_.ind frinnii,11,Ty, by thrr COUNTY, and shn,11 accumu- _k L" late, into-r—^'qt, 'n '-h- ot1in-Mi, TunnC.1 Fund. The cons rihl-,I-Jon shrill 1)" hllclgn'Lrd 'Inn fun(71r.'l 'I'Tinnally from the (;�nernl Fund slibi'2c- to (7) W, (0' rage requircments as specified undor Dade County Ordinance No. 78-3-11 as revised or amended, Attached as Exhibit B. The following amounts represent the COUNTY's annual contribution to the Port of Miami Tunnel Fund: $500,000 FY 84 200,000 85 300rOOO 86 500,000 87 600,000 88 700?000 89 5001000 each year thereafter through 1995 In the event that the tunnel construction does not commence within twelve (12) years of the date of this Agreement, all funds in the Port of Miagii Tunnel Fund shall be used for either capital projects or capital equipment within the City of Miami for tranEportation needs in 'Lhe Downtown Miami area to be agreed to jointly b*v the CITY and the COUNITY. If no agreement can be reached by the. parties thlen such 6eci-c—ion shall be deteri- _ir-lc-d by a committee appointed pur'suant to Paragraph 7 The COUN'I�Y sh'all imv,'iediately identify potential means to fullb vsj(. 1II! Tunnel. it is reccqnJzed by both the ClV"L­! LIiG tht COUNTy t' at- &I Con,,�uIt­­-it been retained by t!ie COUIN"I'Y, ate tile Eole cc,:t G i t e COUNTY, to seek Federal and/or State funding for ccni�tructicn -3- f 0� �i of the tunnel and the CITY shall cooperate with the COUNTY in obtaininq !;uch funding. Additionally, the Consult -An'. 0-A.-mpg: "o obtrii.n Tlnterstatp_ or State Road !-,(- r-0iler tht� Tnc,13 sharn in any final f u n d i n (,- p ;-, c ;i, ,4 - 1,n I J. Y c n n t h e s e e k i n (74 l2 s c h i 0 i (7 h - 1v c 1 5 r i (3 c. e al's e T I shall inn dr�-'iqncel to z--Ccomnmo(311-� ()nl,y four of vehicul,-_;r traffic ;:•nd =henccf-c,7,ary needed for cons-truct-ion of thr quidews�y clemont of the Metro- Move r I thn qU-,c shall be constructed as part of the bTidge at the same time the bridge is con- structed. S. The point at which the westerly ramp of the Phase II bridge reaches grade will be established by the CITY 6. 7. and the COUNTY following a joint analysis by the CITY and the COUNTY of all factors related to improving transportation in the area and providing adequate access to the proposed Bayside Specialty Center. The preferred alternative is for the ramp to begin its ascent east of the intersection of Miamarina Parkway Drive and Port Boulevard unless otherwise determined by written agreement of Loth t1,e CITY and the COUNITY. The COUIINTY sh ail I design and cons I.- ru ct a�, B aywa lk in accordance, with the CITY desic4n standLrds. A.-Ztached as Exhibit C. The CITY and COUNTY Managers will appoint a joint task force to oversee the desian an6 of the Ph a S e 11. a n d Ph a se- 14, 11 i ii,, p t, ov un i-, '11,11-1e tL_sk force s h a I I c eu i i _­ t of. ,, E., v e n (7 c­ r-: o i -_ n J, L o be to be t,", 6'rid ''t,!- I i 1 t: 'Vt- COUNTY, and ors 'k I r-o be &pp.oi rit ed by and rccprt:ten"-Q-tive of the Governor of the State of Florida. The existing NOT. : fob I Ark two-lane Dodge Island Bridge shall be removed upon completion of the new bridge. The task force will be chargeO, ;t­ilth 1: h f7 reps porisibility of ens ring an aesthetically drsi,qn the L)T.idgn structure and its _ippronch­, 71h- rl-te.r-'ni th limits Of th- lnncls-c rri p i n a 7, n 13 irmprov--m5�ntr, to Sth and 6th Strict corri6or nnfl t h is to the proposed Ilayr-idc Specj,,jitLCen­er. .v ', k- A nationvilly recogni7od architectural. consullcant lice'nseci to do business j.11 thn Sot-ntn of Floridak will be coriaminsioned by the Task. Forco to review concepts with the bridge and tunncl cnqinears and to assist the task force in its delibcrntions. S. All programs included in this plan shall satisfy and be in accord with the development order for the Port of Miami as approved in City of Miami Commission Resolu- tion Number 79-850, passed and adopted by the City of Miami Commission on December 15, 1979, Incorporated herein by reference and attached hereto as Exhibit D. 9. The CITY shall support and cooperate with all efforts by the COU14TY to seek permits and/or other necessary documentation needed for implementation of the program, W4 thin included .4�, Al this agreement, from other governmental agencie-,- Lnd third parties, and the CITY will withdraw its objections on the 4[F) Statement now, perding before the United State-, Coat Guard. 10. The CIT-,--' _­e,12 th(_ to t-he COUIN'10Y for that portion cf City-o\,�nec` 1Ln'd out -,_idle the present rt_-'c2uirQd for Plli.nse 1 and cCAqz"n,�-',z-te the CITY for and air-ri(�,ht6 at a n d best use Of tht= 1-al-i(a, the w.111 compensiate the CITY if any surface parking areas, presently 0 84-782 orl� 4) operated by the CITY, are affected. To determine fair market value, both the CITY and the COUNTY shall each seek the., services of an individual d-qignate'd ar, MA.I. (Amerienn Instituto of Real �statp and duly -1 r-, t.1 C 11 C- V j, - r� 7) t r, U [I 1- 1) - r' Of Florida E. ,_1 thnpprnis,,J--ohl:ninrsd 'Lhr�� c^vr'nt at by the CITY and the CnUZITY, rcsp.ecti.vcly, are wl-thin less than 101,1; of n,7i (-- h a t h c r , t h e n an a v r-, ra g f,-- of t h c t wo appraisials shall be ;iccepted as tho ag-i�ccd value. In the cc,rcnt IC -hat the -i1?pr(njsDJr, obtained by the CITY and the COUNTS_' , rcspcct-i.-,,cly, arc gircater than 10of each other, both the CITY and the COUNTY shall jointly select a third appra-iser, from a mutually aarced upon list of M.A.I.s, to obtain a third appraisal,, whorcupon the high and low rhali bo di.sregarded and the remaining appraisal. sha-11 be accepted as the agreed value. Payment will be made to the CITY within ninety (90) days of the date Agreement is reached as to value. Upon request, the CITY shall provide the C01314TY with a temporary construction easement, for an amount to be agreed upon for the Phase II bridge and �:Zxp'roaches. 11. The COUNTY recognizes that the construction of a new bridge and/or tunnel, and that the Bayside Project construction in Bayfront Park may cause disruption and interferc, -,aith the operation and revenue to the CITY, its Lessees and Contractors at Miamarina of their beneficial righir-2 ini said fzicility. In consideration of thc Lbove, the CITY and the COUNTY agree th at cot,.; c- n.,- a IL 44, 01! L Ot S Ul Ch disruption shall be based or thC- 1-(zVt:A-'1L!CLL'-- 01� t.-ht-- two and include for qrouth 6ad iInflation, based on the Oil': tch(. !�st tw(:, t2) yea-saro�th. Such compenriat-ion Enall be aolely paid by the COUN"I'v., unless the CITY enters into an approved contract for con- -6- Mcsgm struction of the Bayside Project, in which event during the construction of both the bridge and/or tunnel and the Sayside Project, the CITY and the CnUNTY shall be responsible, rfi,-or th,!�ir equal share of the con, p-' nf--nt il. n, Should the cout-ITS orl t'J)e- P-roj--ct be solely undC-r cc-,nrtruction, thon 411-16, C-TTY COT-JNTY Will. b- rrespornsjb.l,n ro )- - r th 0- (� r) t - JI-C -7 1 - CC'QJ?nM-;1ti0D dLnring that period --,hich it i.7, uno,,�-r 1' , construction. The doterninnt-ion for )n-y compcnr-ntion -will b- ialadc by an i.nc3rtpnndcnt auditor, inutually aqrccd upon, and his findings shall be bindinq on part ies. hoth pa k- I Such compens,ation be madc, annu,nJly at the (.'-xpiration of the con-ract ycar. 12. The COUNT-V pay, to the CITY for the sole bcneflt of Afiama inln 1".,-,n4aacmcnt the sum of $300,000.00 as "advance pay-ment..' Said advance payment shall be made to the City pursuant to Paragraph 10 or by November 15, 1984 whichever event occurs first. Said initial payment shall be an advance against- future damages under this paragraph. The CITY and COU14TY understand that if the damages to be paid by the COUNTY exceed $300,000.00 then in that event said excess amount shall be paid pursuant to this paragraph; but, in no event shall the COUNTY be entitled to the return of any portion of said advance payment if the entire damages are computec to be- lc,.,�s ll IN WITNESS 141-14EREOF, thc- parties hereto have caused this instrument to be cxucutEd by their respective officials thereunto duly authariz-d t1lis the day and year first above written. (OFFICIAL SEP-.L) DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS ATTEST: RICHARD P. BRINKER, CLERK By By 5eputy r1erk R.A. 9TTEKHEIR County Manager 84-950 O(N C (OFFICIAL SEAL) THE CITY OF MIAMI, a municipal corporation of the State of ATTEST: Florida By By RALPH G. ONGIE HOWARD V. GARY City Clerk City Manager Authori7�--d City of Miami Resolution No. Authori,--nd by Dade County Resolution No. APPROVED BY COUNTY ATTORNEY AS TO FORM AND LEGAL SUFFICIENCY: County Attorney APPROVED B"-,- CITY ATTORNEY AS .1 TO FORM AND CORRECTNESS: x Ms— J City Attorno'v AV/wpc/pb/214 Rev. 7/6/64 9:45 - 8- a O' co•.•�:SCL P rnz rI r'.. r:r lPC s+,n r.- r(It Vrd r n.w FL F1T,rL f. ALvIv Cn Sa,rE M LInr;At L= G.ICA^• l•'•I•L tE r., AI. ��1 nIC IA t.r ac,w r ", f! n .. (}r• •I rrr rr rr!r _ rala ^ v r•A Er I - lo•. r�rrr r�«.rp lop —ICI A_-+vI-ICO — rLCRIDA F. t'ERvON pE uN CTT .•AUnFEN T -rALEY C.rft,L Ci rr.AGN t).Vlr1 J PEr+GCR AnVIN .1 JArrf, curr�ro I r,cRTz f t:A R C.On Dora c,t�r.ati t.rvlraE r n. io c /rtnp Ir IL , P�rR A., LT C V. P Lr rrOW 1TY• rA'JL n C,C"JCCLr+AN, 111 C <,nLY y Ear VIA;, III NAnK !.. PIVLIN wlLrr-E 00 A rODr.IGUCZ A. I.ICIIELLE dERNIG&N LAUMIE L. POSEN S tt.vE N w. bevfs M IC NAEL R, MAMMOND JA-ES A. GALE RAIND DELIVERED Howard V. Cary City 1-/,.-lneger City of ljlinmi 3500 Pan American Drive Miami, Florida 33133 Attachment tl C E31E-CAYi,E TC;I w'CR 4OU1:� E11Cr1.+i:E "OuLE.vAR4 E•fAl4f, FLCF 1C)A ;17k171 t3051 17f- 9100 BARNETT eANr. RUILD11"r T.rE r%Ert_ECTioitc, Or FICE C.ENTr"M1 1108 r.ANC COticOu SE ++00 AVSTneLIAia AVr,1Lfr'_ SO1JT'-1 BAY HAp00F7 15Ln t1D=,, rtr-c,lpn ��IgA . ??n C1t WFST PAIL" hFAC ..1 r'LO'IA Prf' R aOY:A r�O 7f-.07o INTErt�TATE r'L1.71. CYr-PV �-S rf-pIt4; (.' Fff+' j` r- I`11 I,IPB wLST rAr1r( nOno Iool2 ta. nt..l.r ••r.r.r:v ietr.'�:•: 1. v. SOCA AATCiy, r'I r:r:Il P,, rI (2k051 :=c,n-cn:A 18131 Pry C«%' 1155 H !.[)NJ rlr'IVE, F!. E. ?Gs R t! F ATLANT,#?Q'29 WltlT F_R r pRH, rL C'r:l E7 A. 72`bf7 1nOr:1 _993- 2100 f30r,) f r1.s TELEk' '?.I-4736 HALA PLEASE REPLY To: Miami Office July 27, 1984 Re: Addendum to Aj,;reement For Transportation Improvements to Provi do .Accct-s to the Port of Miami Dear Mr. Cary: It is my understanding that on July 30, 1984, the City of Miami Com- mission will tale up for consideration a modification agreement for transpor- tation in:provczrlents to provide access to the Fort of 11i.ani. As you are awr:rc, s7.nce you forl,cirded the items to the Mayor and the Co=ission on June 15, )986, 1 rent you a proposer, Tnodi_fication for paragraph 11, as well as a lc-ttl r of F";rcer..cnt:. of 1'Ictwecn the City of Miami and Icy client, Nev h7cr'1 1;1­:rin.;f-, Tnc, PUrSUflIIt to our SU't;cc,llE'rlt I'C,C' T.nf c)f. July 26, 198G, ;vou e:dvised me that you were to th(, County t.i,at pr.r. Fr,,ph 11 be furt1her modified to insert: the dcrm " n( ,_xpcn`.:cL." cfter the word r'rcvcilucs.11 In :addition, the $300,000.00 received by ?sec,• l;orld 1 ari.nr s, Inc. will be calculated as an equal co-Mbinat.i.on of docl--_age: and nondocl;a;e revenues for New World' es fiscal vear 1.964-1985 under its nt Arrec-ment with the City and s iid rcvc.nue shall be subject to all normal deauctiolls ,and offsets pursuant to ;�� id 1.,_>na er_:czit Al'i-ce-ment; it is further understood that any expenses incurred in Collc-cting and obtaining said $300,000.00 hall also be included a's pan rgr(cd deduction zzLainst the $300,000.00 revenue received by New World Xlarinas, Inc. Upon payment of the $300,000.00 to 1:ew World, the /��� �`i'.�'y 1 A Howard V. Gary July 27, 1984 Page Two sum of $30,000.00 shall be placed in an interest bearing special trust fund to be field for one year in the event the City is entitled to any of the portions of the revenge due i.t from New World as a result of said $300,000.00 payment. If the above is your understanding, Iwould d appreciareturn te tovery me.much if you could please countersign a copy of this letter Sincerely, Barry Kutun (Dictated but not read. Signed in Mr. Kutun's BK:mjr absenct to avoid delay.) cc: New World Marinas, Inc. AGREED ' ) AND ACCEPTED BY HOWARD V. GARY CITY M1 „ER OF THE CITY OF MIA*SIDON BAY OEHALF . OF THE iT OF MIAMI, THIS DULY, 1 1.. c4. Howard V. Gary BROAD ADD C ks sEL