HomeMy WebLinkAboutR-83-062214
Fri
J
J-83-551
RESOLUTION NO. A'
A RESOLUTION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO EXECUTE A CONTRACT AND A
LEASE AGREEMENT, IN SUBSTANTIALLY THE FORM
ATTACHED HERETO, WITH THE UNITED STATES ARMY
CORPS OF ENGINEERS, FOR THE DEVELOPMENT,
OPERATION, AND MAINTENANCE OF THE HAYWALK IN
BAYFRONT PARK.
WHEREAS, the City Commission passed Resolution No. 81-78
February 11, 1981, expressing the City's intent to share up to
50% of the cost of recreational development and bulkhead repair
at Bayfront Park; and
WHEREAS, said Resolution No. 81-78 express the City's intent
to convey a strip of Bayfront Park to the Army Corps of Engineers
for the construction of the Raywalk; and
WHEREAS, the Army Corps of Engineers has given preliminary
approval to leasing back the Baywalk to the City at no cost; and
WHEREAS, the City Commission passed Resolution No. 83-358
April 28, 1983, accepting the revised plat entitled "Bayfront
Park" which graphically depicts the strip of land being conveyed
to the Army Corps of Engineers; and
WHEREAS, the attached Contract, in substantially the form
attached hereto, will provide for the design and construction of
said Baywalk, bulkhead, and certain other improvements in
Bayfront Park by the Army Corps of Engineers; and
WHEREAS, the attached Lease Agreement, in substantially the
form attached hereto, will permit the Army Corps of Engineers to
lease the Baywalk back to the City of Miami for operation and
maintenance for a period of fifty (50) years; and
WHEREAS, a timely execution of attached documents is
necessary to insure the success of the "Baywalk in Bayfront Park"
project;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA;
CITY COMMISSION
MEETING OF
J U L 18 1983
HESOLUTIO,,j ;qu. 83-6
REMARKS.
`'.
Section 1. The City Manager is hereby authorized and
directed to execute a Contract and a Tease Agreement, in
substantially the form attached hereto, with the United States
Army Corps of Engineers for the development, operation, and
maintenance of the "Baywalk in Bayfront Park" project.
PASSED AND ADOPTED this 18th day of July ,
1983.
TEST:
RAL H G. ONGIE
City Clerk
PREPARED AND APPROVED BY:
JOEI; E. MAXWELL
Assistant City Attorney
:Maurice A. Ferre
MAURICE A. FERRE, Mayor
APPROVED AS TO FORM AND CORRECT14E;SS:
C gto,�
JOS . GARCIA-PEDROSA
City Attorney
wpc/pb/137
_2_
83-622'
CONTRACT BETWEEN
THE UNITED STATES OF AMERICA
AND
THE CITY OF MIAMI, FLORIDA
FOR
RECREATION DEVELOPMENT,
AT THE
BAY FRONT PARK, MIAMI HARBOR, FLORIDA
THIS CONTRACT entered into this day of
1983, 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").
W I T N E S S T H:
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 207 of the River and Harbor Act of 1962 (PL
87-874) 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") at 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 the cost -sharing
provisions of the Federal Water Project Recreation Act (PL
83-62 c
41
41
89-72); and
WHEREAS, the
CITY owns
certain lands
adjacent
to the
project, as depicted
on Exhibit
"A" attached
hereto and
made a
part of this contract, that it is willing to convey to the United
States for the benefit of the Project;
NOW, THEREFORE, the Parties agree as follows:
ARTICLE 1
LAND AND FACILITIES:
(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 initial 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,
acres of land consisting of acres
of upland and acres of submerged land.
Details of the lands to be conveyed and facilities to
be constructed, as concurred in by the CITY, are shown
on Exhibit "A", attached hereto and made a part 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
-2-
83-62 c
Management."
(c) Following completion and acceptance by the CITY of all
construction for initial recreational development, the
GOVERNMENT will make available, by lease, approximately
acres of upland and 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 City Management and
Administration. No provisions of this contract,
including this subparagraph (c), shall merge into any
such lease, but each and every obligation of each party
hereto shall remain in full force and effect unless
altered ;by mutual agreement or Article 9 hereof.
(d) Title to all lands and facilities specifically
acquired, developed, or constructed by or with
GOVERNMENT assistance to enhance the recreation
potential of the project shall at all times be in the
United States.
(e) The performance of any obligation or the expenditure of
any funds by the GOVERNMENT under this Contract is
contingent upon Congress making the necessary
appropriations and funds being allocated and made
available for the work required hereunder.
ARTICLE 2
CONSIDERATION AND PAYMENT:
Each party hereto will pay or contribute in kind fifty
percent (50%) of the costs of recreation facilities to be
constructed under this Contract.
(a) Initial Development:
Fifty percent (50%) of the estimated costs of initial
recreation development is estimated to be $4,403,620.
-3-
83-622.
4
Prior to the first GOVERNMENT expenditure hereunder and
again each GOVERNMENT fiscal year thereafter, 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 to 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 costs of land fill
provided and 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
cost of all other contributions in kind will be
credited toward the CITY's 50% share subject to Article
l(b). However, the credit allowed shall not exceed the
amount of the GOVERNMENT's share of the design and
construction costs attributable to the initial
recreation facilities to be developed under this
Contract, and any future recreational facilities to be
undertaken under conditions set forth in (b) below.
(b) Future Development:
Neither party is obligated by this Contract to
undertake any future development of the PROJECT, except
to the extent this contract may be so modified by
future supplemental agreement signed by the parties and
approved by the Secretary of the Army or his authorized
representative. If at any time the CITY wishes to
undertake further development of the facilities to be
leased to it hereunder, it may do so at its expense
provided prior approval of the Contracting Officer is
obtained, but the GOVERNMENT shall not be obligated to
reimburse the CITY for any portion of such expense in
the absence of a supplemental agreement hereto as
-4-
83-622
aforesaid.
(c) 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.
(d) 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 not to be construed as
representations of the total financial responsibilities
of each of the parties.
ARTICLE 3
CONSTRUCTION AND OPERATION OF ADDITIONAL FACILITIES:
Certain types of facilities, including but not necessarily
limited to restaurants, lodges, cabins, clubhouses, marinas, and
such similar revenue -producing facilities, may be constructed by
the CITY or third parties and may be operated by the CITY or by
third parties on a concession basis. Any such construction and
operation of these types of facilities shall be compatible with
all project 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 developed or constructed with GOVERNMENT assistance for
purposes of Article l(d).
ARTICLE 4
FEES AND CHARGES:
No fees for entrance to the recreation areas being developed
or for use of PROJECT facilities and areas will be assessed or
-5-
83-622,
collected by the CITY as a part 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 schedule shall
be then both reviewed by the parties not less than every five
years and renegotiated after such review at the request of either
party.
ARTICLE 5
FEDERAL AND STATE LAWS:
(a) In acting under its rights and obligations hereunder,
the CITY agrees to comply 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(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 Rights 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 responsible for operation, maintenance,
and replacement without cost to the GOVERNMENT, of all facilities
developed to support PROJECT recreation. The CITY shall maintain
all project lands, waters, and facilities in a manner
satisfactory to the Contracting Officer and pursuant to the
provisions of the lease which will subsequently be entered into
between the parties hereto.
-6-
83-622
4
ARTICLE 7
RELEASE OF CLAIMS:
(a) The GOVERNMENT and its officers and employees shall not E_
be liable 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. To the extent that it may legally do so, the
CITY hereby releases the GOVERNMENT and agrees to hold
it free and harmless and to indemnify it from all
damages, claims, or 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.
(b) The CITY shall require its concessionaires to obtain
from an insurance company licensed in the State and
acceptable to the GOVERNMENT, liability or indemnity
insurance providing for minimum limits of $100,000 per
person in any one claim, and an aggregate limit of
$300,000 for any number of persons or claims arising
from any one incident with respect to bodily injuries
or death resulting therefrom, and $50,000 for damage to
property, or a combined single limit coverage of
$350,000 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.
ARTICLE 8
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
-7-
83-622.
i 9
representative except as provided in Article 3 of this Contract.
ARTICLE 9
DEFAULT:
In the event 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 10
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, supplies, and services and other
costs and expenses of whatever nature involved therein. The
GOVERNMENT and 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 11
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 12
INSPECTION:
The GOVERNMENT shall at all times have the right to make
inspections concerning the operation and maintenance of the lands
-8-
83-f 22
and facilities to be provided hereunder.
ARTICLE 13
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 14
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 understanding 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 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 15
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. 4321, 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
-9-
83-622
AIN 4r
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; (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 16
EFFECTIVE DATE:
This Contract shall take effect upon approval by the
Secretary of the Army or his authorized representative.
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 By
ALFRED B. DEVEREAUX, JR. HOWARD V. GARY
Colonel, Corps of Engineers City Manager
District Engineer
Contracting Officer ATTEST:
DATE:
RALPH G. ONGIE
City Clerk
-10-
83-622
I
APPROVED:
BY
Il3v"
JEM/pb%135
APPROVED AS TO FORM AND CORRECTNESS:
JOSE R. GARCIA-PEDROSA
City Attorney
-11-
83•-6 22
A
0
DEPARTMENT OF THE ARMY
LEASE
FOR PUBLIC PARK AND RECREATIONAL PURPOSES
NO.
BAY FRONT PARK, MIAMI HARBOR, FLORIDA
THE SECRETARY OF THE ARMY under authority of Section 4 of
the Act of Congress approved on the 22nd day of December, 1944,
as amended (16 U.S.C. 460d), and the Federal Water Project
Recreation Act, 79 Stat. 214 (16 U.S.C. 460L-13), and pursuant to
a contract entered into on , by and between
the United States of America and the City of Miami, Florida
(hereinafter referred to as the "Contract"), hereby grants to the
City of Miami, Florida, (hereinafter referred to as the
"LESSEE"), a lease for a period of fifty (50) years commencing on
, and ending on ,
to use and occupy approximately acres of U.S.
Government -owned land under the primary jurisdiction of the
Department of the Army as shown in red on attached Exhibit "A",
subject to all terms and conditions of this lease.
THIS LEASE is granted subject to the following conditions:
1. The LESSEE shall 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
83--622
regulations as are necessary and within its legal authority, in
exercising 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" shal'. be construed to mean the replacement
in whole or in part of any structure or improvement so worn or
damaged by any cause as 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 l(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 accomplishments of the LESSEE for the preceding year.
-2-
83-62k
4
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 its sublessees may conduct such revenue
producing activities as are within the scope of Article 3 of the
contract.
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. From time to time there shall be added to
said inventory such additional improvements as may be constructed
pursuant to the aforesaid contract. Certain types of "Additional
Facilities," including but not limited to restaurants, lodges,
golf courses, 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 descriptions and
drawings sufficient to permit their identification and condition,
and to replace them if required during the term or on the
-3-
83-622
it A
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.
5. The terms and conditions of all permits, licenses, and
subleases granted by the LESSEE shall require prior written
approval of the District Engineer, or his authorized representa-
tive. In order to protect the interest of the sublessees, such
subleases may require the U.S. Government to continue to honor
such parts of the sublease which may be necessary to assure
continuation of the subleased activities in the event of a
default by the LESSEE, under the provisions of the prime lease.
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.
-4-
83--622
f)
7. The rates and prices charged by the LESSEE or its
grantees for revenue producing 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.
S. 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 purpose 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
-5-
83-622
the U.S. 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 all
such claims.
10. That at the time of the commencement of this lease, the
LESSEE will provide evidence, acceptable to the U.S. Government,
of liability or indemnity insurance providing for minimum limits
of $100,000 per person in any one claim, and an aggregate limit
of $300,000 for any number of persons or claims arising from any
one incident with respect to bodily injuries or death resulting
therefrom, and $50,000 for damage to property, or a combined
single limit coverage of $350,000 for all damages suffered or
alleged to have been suffered by any person or persons resulting
from the operations of the LESSEE under the terms of this lease.
11. The LESSEE or its grantees shall not discriminate
against any person or persons 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
63-622
assurances (Exhibit ).
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 a State Water Pollution Control Agency having
jurisdiction to abate or prevent water pollution. Such regula-
tions, 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
-7-
83-t�22
way shall it act to relieve the LESSEE of its 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 by or made on account thereof.
16. All notices to be given pursuant to this lease shall be
addressed, if to the LESSEE, to the City Manager, City of Miami,
Florida, 3500 Pan American Drive, Miami, Florida 33133, if to the
Government, to the District Engineer, U.S. Army Engineer
District, P.O. Box 4970, Jacksonville, Florida 32232, or as may
83-622-
It
0
from time to time be directed by the parties. Notice shall be
deemed to have been duly given if and when enclosed 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 Government.
IN WITNESS WHEREOF, I have hereunto set my hand by authority
of the Secretary of the Army this day of ,
1983.
By
Chief, Real Estate Division
U.S. Army Corps of Engineers
Jacksonville, Florida District
THIS LEASE is also executed by the LESSEE this day of
1983.
CITY OF MIAMI, a municipal
Corporation of the State of
ATTEST: Florida
By
RALPH G. ONGIE HOWARD V. GARY
City Clerk City Manager
APPROVED AS TO FORM AND CORRECTNESS:
./4/`. 1. .
. -� JOSE R. GARCIA-PEDROS
City Attorney
JEM/pb/134
-9-
83-622
?�li;lJ
( c:�iJ
TY
C�)s T
l:c�
i
i':- .. ,' '
CITY C0� ;
f _ T}. COST
C.Y.
2', 7
L.F.
1`.. ;)
�, ..^.
;
7,:,;
• �� a; iu4u�r
etc, L.S.
:,. li
`, '. _
5
_ i-...._. is
�'�' •_ ..
Y
ti`. , ! ..
,.
P,i ,i .j
,. �.�_' _. .: �'..._� }'1 ii!;;j
�.:,`: is
� .F.
.,
�. .'�� ;!I
`.•
1. t.i'.
s.
w
EX.1ITC.TT
do
Im
S i
L:
"-.c t� s 2
To, 1 �onst. Cost
ra'l r3 cct
C T
(,0 -i S
BY c IT Y
5.17 ac
0
S
7,755
7,755
L.S.
S
250,0-10
7 1I
S
II
I !.J
n s in r:j
upland r --.a
s
Prcl-rct Cost
1.P.S. jL T ENS
TY Cc,-;T Ul) I
4
do
%r
ITE?I QUNTI EY `--
*E�,pia► 2tior, or Cost Sharing.
Total F-deral CW ribution
In -land Contributions by Local Interests
Estimated Value of Contributed Lands
Total Federal Project Costs
Credit for Land
Credit for Land Fill
Total Credit to Local Interests
Less: Fc .'cral SJ,rca of
Project Costs
Excess Credit to Local Interests
s
FEUER: L PORTION Gi Y!!�.LP"1 -_-
iGTf,..L CODE'S CITY41 ;t.1 COI;TRIBUTIONS O.F.S. ITErS
COST COST CASTS I'; -KIND C T`f COST
BY CITY 1C0
""
3,�•1-' ,c+0
250,GDO
4,710,000
$ 3,807,240
$4,710,0000
osoxeo
$4,960,000
a3,847,240
$1,112,760
n1'T. r.
CrT; C^cT
iCC."
44
4
71 -
� r
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM,., -- -•
COMMISSION ACTION
TO. Howard V. Gary DATE, June 30, 1983 FILE:
City Manager
SUBJECT Contract and Lease with the
Ilt.`'f� U.S. Army Corps of Engineers
for the Baywalk in Bayfront Park
FRoM: Carl Kern, Director REFERENCES: For July 18, 1983
Department of Parks Commission Agenda
ENCLOSURES:
"It is recommended that the City
Manager be authorized to execute
a contract and a lease agreement,
in substantially the form attach-
ed hereto, with the U.S. Army
Corps of Engineers for the devel-
opment, operation and maintenance
of the Baywalk in Bayfront Park."
The City Commission adopted Resolution No. 81-78 on February 11,
1981 which expressed the intent on the part of the city to share
up to 50% of the cost of recreational development and bulkhead
repair at Bayfront Park; and further intending to convey a strip
of Bayfront Park to the Army Corps of Engineers for the construc-
tion of the Baywalk, with same being leased back to the City at
no cost.
Resolution No. 83-358, adopted on April 28, 1983, accepted the
revised plat entitled Bayfront Park which shows the strip of
land being conveyed to the Army Corps of Engineers.
As provided in Resolution No. 81-78, the contract will provide
for the design and construction of the Baywalk, bulkhead and
certain other improvements in Bayfront Park by the Army Corps of
Engineers. The lease agreement will allow the Army Corps of
Engineers to lease the Baywalk back to the City for operation
and maintenance for a period of 50 Years.
CR: mo
cc: Law Department
83-6 22