HomeMy WebLinkAboutItem #04 - Discussion ItemTat Mayor andMembersof the
City Commission
CITY OF MIA AI, fL.O111DA
IrNNT,ER-OT:FIC ;1 MORANDUM
."71.. November 29, 1979
FILE:
'.,Ya-JEcT Land Exchange with Dade County
tlEFRt1ENCEB:
ENCLOSUREai
The attached proposed agreement for a land exchange between the City
and County was finally negotiated on the evening of November 28, 1979,
and delivered to our office in its final typed form today.
It is my conclusion that this agreement represents a fair exchange
from the point of view of the City, and I will be recommending itto
the City Commission when it appears on your agenda of December 5th.
In order to give you as much time as possible to review the document,
I am distributing it to you immediately and hope to meet with each
member of the Commission to discuss this agreement before the meeting
of the 5th.
7 9 827
MEMORANDUM
f07.07_ 17 A
TO Honorable Mayor and Members
Board of County Commissioners
FROM M. R. S 1 e
County a'•:er
DATE November 29, 1979
SUBJECT
(77
N
fV
The Board is aware that we have been negotiating with the.
City of Miami for the past several months to acquire Lummus
Island. This acquisition is of critical importance to the
timely and orderly expansion of the Seaport.
I am attaching a land exchange agreement, the final details
of which were hammered out in a meeting last night. During
the negotiations, we found it mutually beneficial to discuss.
other needs, such as parking in the Government Center,
additional parking around the Miami Baseball Stadium, the
Orange Bowl, the expansion of detention facilities at the
Stockade, and the City's plans to develop park facilities
at Virginia Key.
This land exchange agreement is basically in two parts. A
review of Paragraph 20 will indicate that certain County
lands are being exchanged for Lummus Island. Other property
transfers are taking place on their own merit, i.e, the need
for parking in the Government Center, the need for the expan-
sion of the County Stockade, etc. All of the lands to be
exchanged, if these recommendations which are being jointly
submitted by the City Manager of Miami and myself areapproved,
will be for public purposes. Appropriate reverter clauses and
other covenant clauses have been provided to insure specific
performance.
Participating with the in these lengthy negotiations have been
Carmen Lunetta, Stacy Hornstein, Dennis Carter, and Sergio
Pereira Please call me or members of my staff if you have
any questions.
I am recommending that you consider approving this agreement
either during the meeting on Tuesday or possibly Thursday of
next week. Mr. Grassie is submitting the identical agreement
for the City Commission meeting on Wednesday and, certainly,
an expression on the part of the Commission at Tuesday's
meeting would be helpful.
Attachments
LAND EXCHANGE AGREEMENT
THIS LAND EXCHANGE AGREEMENT, made and entered into
this day of December, 1979, by and between Dade County,-.
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
WITNESSET H
WHEREAS, the. CITY owns in fee simple absolute
296.45+ acres of land commonly known as Lummus Island; and
WHEREAS, the COUNTY'has applied to the CITY for
,conveyance of Lummus Island from the CITY; and
WHEREAS, the CITY has requested transfer of certain
parcels of land owned by the COUNTY; And
WHEREAS, Chapter 125.38, Florida Statutes permits
the conveyance of County -owned real property to a municipal-
ity,
NOW, THEREFORE, IN CONSIDERATION of the mutual cov
.enants hereinafter set forth, it is understood and
follows:
1. It is hereby warranted by the
acknowledged by the parties hereto that
presently fee simple owner. of approximately 296'.45+
upland'and submerged bay bottom land commonly known
mus Island located within the confines of Biscayne Bayand
lying directlyeast of the now existing Port of Miami on
Dodge Island, all within Dade County, Florida, and more
particularly described by survey sketch And legal d
scription attached hereto and made a part hereof
as Exhibit
A.
Within thirty (30) days from the date of execution
of this Agreement by both parties the CITY hereby agrees to
deed, exchange, transfer, release and assign good, market-
able, and insurable fee simple absolute title to that cer-
tain parcel of property known as Lummus Island, described in
Exhibit A hereto, to the COUNTY, its successors and assigns,
by General Warranty Deed. Said deed shall contain language
substantially similar to the following reverter provision.
The CITY grants all the real property noted in this -
deed to the COUNTY so_long as the COUNTY utilizes
said property for a Seaport and ,associated, uses.
In the event that the COUNTY does not use the
property for a Seaport or associated 'uses or con-
veys or attempts to convey all or a portion of the
property, then all the property described herein
will revert back to the CITY or its successors or
assigns at the option of the CITY.
The parties recognize that upon acquisition of said
Lummus Island property, the COUNTY intends to initiate the
planning and development of said property as an extension of
the Dade County Dodge Island Seaport. Such planning: and de
velopment will require regulatory permit authority by the
CITY and such approval shall not be unreasonably withheld.
If the COUNTY cannot develop the property
Dodge Island Seaport due to any action
CITY then, following the adoption
of a
an extension
inaction
resolution by
Board of County Commissioners declaring that the expansion
project has terminated as a result of CITY action
inaction, this Agreement will become null and void, except
that all properties conveyed pursuant to this
shall revert backto their respective grantors without
necessity for any further action by any party.
provision shall not prohibit the parties from evidencing
reconveyance by appopriate instrument.
Agreement
the
This
c► the
2. Upon request by the CITY, simultaneously with
the COUNTY's receipt of title to the property described in
Exhibit A of this Agreement, the COUNTY shall convey to the
CITY, by County Deed, the property known as THE LAWRENCE ES-
TATE LAND COMPANY, LOT 16, more particularly described by
legal description attached hereto and made a part hereof as
Exhibit B. Said deed shall contain language substantially
2
similar to the following reverter provision:
The COUNTY grants all the real property noted in
this Deed to the CITY so long as the CITY utilizes
said property for general public purposes. In the
event that the CITY does not use`the property for a
general public purpose, or conveys or attempts to
convey all or a portion of the property, then all
the property described herein will revert back to
the COUNTY or its successors or assigns at the op-
tion of the COUNTY.
3. Upon request by the CITY, simultaneously with
the COUNTY's receipt of title to the property described in
Exhibit A of this Agreement, the COUNTY shall convey to the
CITY, by County Deed, the property known as THE CORNER OF 12
AVENUE AT 11STREET, more particularly described by legal
description
attached hereto and made a part hereof as Ex-
hibits C(1) and C(2). Said deeds shall -contain language
substantially similar to the following reverter provision:
The COUNTY grants all the real property noted in
this Deed to the CITY so long as the CITY utilizes
said property for general public purposes. In the
event that the CITY does not use the property for a
general public purpose, or conveys or attempts to
convey all or a portion of the property, then all
the property described herein will revert back to
the COUNTY or. its successors or`assigns at the op-
tion of the COUNTY.
The CITY agrees to provide easements to any part o
the property described in Exhibit C(2) to the appropriate
public agency necessary for utility or roadway improvements
at no cost to that public agency. The CITY agrees not to
make any building improvements to the property legally
scribed in Exhibit C(2). -
de
4. 'Upon request by the CITY, following the COUN-
TY's receipt of title to the property described in Exhibit A
of this Agreement,: the COUNTY shall convey to the CITY, by
County Deed a portion of BLOCK 95N, DOWNTOWN COVERNMENT
CENTER, more particularly described by legal description
tached hereto and made a part hereof as Exhibit D. :The CITY
shall reimburse the COUNTY for the cost of demolition of all.
structures on the property not to exceed Thirty Thousand
Dollars ($30,000.00). Said deed shall contain language sub
stantially similar to the following reverter provisions
3
The COUNTY grants all the real property noted in
this Deed to the. CITY rt-s long as the CITY utilizes
said property for a City Administration Building
and associated use. In,: the event that the- CITY
does not use the property for a City Administration
Building, or if the CITY fails to comply with the
provisions of paragraph 4 of the Land Cxchange
Agreement between Dade County and the -City-of,Miami
dated December 1979, or conveys or attempts to
convey all or a portion, of the property, then all
the property described herein will revert back to
the COUNTY or its successors or assigns at the op
tion of the COUNTY.
The CITY agrees that such Administration Bui1
ding shall be designed and constructed in conformance With: -
the Master Plan for the Downtown Government Center and shall
,be architecturally compatible with the other facilities con
center.
be constructed in the. Downtown Government
The CITY
agrees to
participate with a Downtown
Government Center Architectural Review Board composed of
one representative appointedby the CITY, one representative
appointed by, the COUNTY, and one representative appointed by
the aforementioned two representatives to approve the arch-
itectural compatibility of future City facilities with the
other facilities constructed or to be constructed in the
Downtown Government. Center and to approve that future City.
improvements conform with the Downtown Government Center
Master Plan.
5. Upon request by the CITY following the COUNTY's
receipt of title to the `property described in Exhibit. A of
this Agreement, and after CITY has demonstrated to'the COUN-'
•
TY that it is prepared to construct an approximately 1,000
space multi- storied public parking garage land associated
structures,' the COUNTY shall convey to the CITY, by
County
Deed, the property known as a portion of BLOCK 108N, DOWN-
TOWN GOVERNMENT CENTER, more particularly described
description attached hereto and made a part hereof as Ex-
hibit E. Said deed shall contain language substantially
similar to the following reverter provision:
The COUNTY grants all the real property noted in
this Deed to the CITY so long as the CITY utilizes
said property for a Multi -Storied Public Parking
Garage. In the event that the CITY does not use
the property for a Multi -Storied Public Parking
4
Garage, or if the CITY fails to comply with the
provisions of paragraph 5 of the Land Exchange
Agreement between Dade County and the City of Miami
dated December , 1979,.or conveys or attempts to..
convey all or a portion of the property, then all
the property described herein will revertback to
the COUNTY or its successors or assigns at the op-
tion of the COUNTY.
The CITY agrees that such an approximately 1,000
space Multi -Storied Public Parking Garage and Associated
structures shall be designed and constructed in conformance
with the Master Plan for the Downtown Government Center and
shall be architecturally compatible` with the other
facilities constructed orto be constructed in the Downtown
Government Center. The CITY agrees to participate with a
Downtown Government Center Architectural Review Board
composed of one representative appointed by the CITY, one
representative appointed by the COUNTY, and one
representative appointed by the aforementioned two
representatives to approve the architectural compatibility
of future CITY facilities with the other facilities
constructed or to be constructed in the Downtown Government
Center and to approve that future CITY improvements conform
with the Downtown Government Center Master Plan.
6. Upon request by the CITY, following the COUN-
TY s receipt of title to the property described in Exhibit A.
of this Agreement, and within thirty (30) days following re
ceipt of the proceeds from the next scheduled Dade County..
Seaport Bond sale, the CITY shall convey to the COUNTY and
the COUNTY will accept the property
known as BLOCK 88N,:
DOWNTOWN GOVERNMENT CENTER, less that portion occupied by
permanent building structures more particularly described by
legal description attached hereto and
made a part hereof as
Exhibit F and to be verified by field survey prior to con-
veyance. At the time of conveyance, and in-conside
the conveyance, the COUNTY shall pay to the CITY
rat ion of
approximately One Million Two Hundred Thousand Dollars
($1,200,000.00), which represents the CITY's actual direct
land acquisition purchase cost for the property known as
5
1
BLOCK 88N, DOWNTOWN GOVERNMENT CENTER, less the cost of any
portion of the property upon, which the CITY has constructed :
a building. The actual direct land acquisition purchase
cost is hereby defined to exclude all costs ancillary to the
acquisition of the property such as, but not limited
appraisal costs, documentary taxes, surtaxes,. admistrative
costs, legal fees and tax prorations, and to include only
the sum paid directly to the
acquired. Prior
prior owner for the real
estate
the conveyance, the; CITY shall make
available to the COUNTY its books and records pertaining to
the acquisition cost of the property legally described in
Exhibit F.
7. Upon the COUNTY's finding of satisfactory com-
pletion of the provisions of paragraphs 1 and 6 above,
after the CITY has demonstrated to the COUNTY that it
prepared to construct an approximately 2,000 space
storied public parking garage, the COUNTY shall convey to
the CITY, by County Deed, the property known as BLOCK 88N,
DOWNTOWN GOVERNMENT CENTER, more particularly described by
legal description attached hereto and made a part hereof as
Exhibit F. Said deed shall contain language substantially,
similar to the following reverter provision:
The COUNTY grants all the real property noted in.
this Deed to the CITY so long as the CITY utilizes
said property for a Multi -Storied Public Parking
Garage. In the event that the CITY does not use
the property for a Multi -Storied. Public Parking
Garage, or if the CITY fails to comply with the
provisions of paragraphs 6 and 7 of the Land Ex-
change Agreement between Dade County and the City
of . Miamidated December , 1979, or conveys or at-
tempts to convey all or a portion of the property,
then all the property described herein will revert
back to the COUNTY or its successors or assigns at
the option of the COUNTY.
and
multi -
The CITY agrees that such an approximately 2,000,-
space Multi -Storied Public Parking Garage shall be designed
and constructed in conformance with the Master. Plan. for the'
Downtown Government Center and shall be architecturally corn-
patible with the other facilities constructed or to be con-
structed in the Downtown Government Center.
The CITY agrees
6
participate with -.a Downtown Government,, Center Arch-
itectural Review Board composed of one representative ap-
pointed by the CITY, one representative appointed by the
aforementioned two representatives to approve the arch_
itectural compatibility of future CITY faciities wittt
the other facilities: constructed or to be constructed in
the Downtown Government Center and to approve that future
CITY improvements conform with the Downtown Government.Cen-
ter Master Plan.
8. It is mutually recognized by the parties that
all new roads to be constucted in the Downtown Government
Center pursuant to the Downtown Government Center Master
Plan will be provided by the COUNTY. It is recognized by
the parties that at the time of any road closing either the
CITY or the COUNTY will be the abutting property owner of
any road that is closed. It is further agreed by the CITY
and the COUNTY that they shall allow any existing utility
easements to remain on or in the property subsequent to ti-
tle to the property being vested in either the CITY or the
COUNTY. If any utility easement or utility need be re-
located by virtue of construction undertaken by
CITY or the COUNTY, the party constructing the improvement
necessitating the
either the
relocation of the easement or utilities
shall bear the cost of relocating said easement and
utilities.
9. In consideration of the CITY conveying to the
COUNTY the property described in Exhibit A of this Agree-
ment, the COUNTY agrees to provide easements or County Deeds
to lands determined as necessary by the. Board of County
Commissioners, following a public hearing-, for development
of VIRGINIA KEY PARK either as forth in Exhibit G or as
subsequently modified. The COUNTY agrees not
renew any interest to the property as set forth
to convey or
in Exhibit; G
without concurrence from the CITY until such time as the
7
COUNTY has provided the nec-essary easements or County Deeds
to the. CITY. it is mutually understood and agreed that this
commitment on the part of the COUNTY is wholly contingent
and dependent upon the COUNTY's ability and legal power
meet the
CITY's requests. The COUNTY will not unreasonably,
withhold any and all property necessary for public use ac-
cording to the CITY plan.
10. Simultaneously with the COUNTY's receipt of ti
tle to the: property described in Exhibit A o;f this Agree-
ment, or thereafter as requested by the CITY., the COUNTY'
shall convey to the CITY, by County Deed, the property known`
as BECKHAM HALL AND METRO ANNEX, more particularly described
by legal descriptions attached hereto and made a part hereof
as Exhibits H(1), H(2) and H(3). Said deeds shall contain
language substantially similar to the following reverter
provision:
The COUNTY grants all the real property noted in.
this Deed to the CITY so long as the -CITY jutilizes
said. property for a Baseball or Sports Complex or'
associated uses. In the event . that the CITY
either does not 'Use the property for a Baseball:or
Sports Complex or associated uses, or conveys or
attempts to convey all or,.:a portion Hof the
property, then all the property described herein
will revert back to the COUNTY or its successors
or assigns at the option of the COUNTY.
The CITY hereby agrees to allow the COUNTY,
successors, designees, assignees,
agents, or
lessees
peacefully and quietly enjoy the subject premises and all
'parts thereof free of eviction or disturbance by the CITY,
its successors, designees, assignees, agents, or lessees,
for a period of two (2) years from receipt of title to the
property described in Exhibits H(1), H(2), and H(3) attached
hereto. Should the CITY require the property for
public use after the beginning of the third year and prior
to the beginning of the sixth year, following receipt of the
title to the property described in Exhibit H(1), H(2),
H(3), the CITY agrees to provide at no cost to the COUNTY
for the next three (3) years thereafter, facilities ac-
8
ceptable to the COUNTY for those agencies occupying the land&
buildings described in Exhibits HU ), H(2) and 11(3).
and
The CITY agrees to be responsible for all reasonable re
location costs incurred by the COUNTY, or its lessees.`
Should the CITY desire the property for public use begi-nning
in the
sixth year following receipt of title to the property
described in Exhibit 11(1), H(2), and H(3), and thereafter,
and upon ninety (90) days written notice, the COUNTY hereby.
agrees to surrender the premises to the CITY. Any equip-
ment, fixtures, furnishing, personal property in or on the
subject premises which the COUNTY desires to retain shall be
and remain the property of the COUNTY. The CITY shall not
withhold the right of the COUNTY to enter said premises for
the purpose of removing such equipment, furnishings,
personal property.
In consideration of the COUNTY's conveying to the
CITY the property described in Exhibits H(1), H(2), and H(3)
attached hereto, the CITY agrees to provide the COUNTY buil-
ding space of approximately 10,000 square feet at a facility
acceptable to the COUNTY on the property described in Ex-
hibits H(1), H(2), and H(3) hereto or contiguous thereto.
Such space shall be provided to the COUNTY by appropriate
lease agreement in perpetuity at no cost or rent to the
COUNTY as long as the COUNTY occupies such space for use as
an Auto Tag Agency and related storage.
11. Simultaneously with the COUNTY's receipt
title to the property described in Exhibit A of this Agree -
upon request by the CITY thereafter, the
shall convey to the CITY by County Deed the
as THE PARKING STORAGE LANES FOR THE CENTRAL MIAMI-MOTOR
VEHICLE INSPECTION STATION, more particularlydescribed
legal description attached hereto and made a part hereof
Exhibit I(1). Simultaneously with the CITY's receipt of the
title to the property legally described in Exhibit I(1) of
this Agreement, the CITY agrees to provide the COUNTY with
use easement for the property as the parking and storage
9
lanes for the Central t•lotor Vehicle inspection Station. For
any easement provided by the CITY for Motor Vehicle Inspec
tion Stationparking and storagelanes, the CITY agrees:that
one-half (1/2) hour prior to the opening of the Motor Vehi-
cle.Inspection Station each day it will vacate and remove,
from the site all vehicles and property on the site.
If and when the CITY requires the property
scribed in Exhibit I(1) for construction of a new Baseball
Stadium or Sports Complex, and prior to the time
CITY rescinds the COUNTY's easement
scribed in Exhibit I(1) , the CITY agrees
COUNTY an easement for the use
described in Exhibit H(2) "attached hereto for parking and
storage lanes for the Motor Vehicle: Inspection Station. The
that the
the property de-
provide the
the CITY -owned property
property made available by the CITY in Exhibit H(2)
agreement will be vacant of all structures and appropriately
paved and fenced for parking and storage lanes for the Motor
Vehicle Inspection Station in conformance with COUNTY re-
quirements and CITY Code. If the CITY does not have
to the property described in Exhibit H(2), then the
pay the cost for both the demolition
agrees
structures located on that property and for the
the property described in Exhibit H(2). If and
title
CITY
the
paving of
when the.
CITY requires title to the property legally described in Ex-
hibit I(2) of this Agreement, the COUNTY shall provide the
CITY with a County Deed to the property
both (1) a suitably zoned site for a Motor Vehicle Inspec-
tion Station located within the service area of the existing
Central Station and (2) one-half the funds necessary for the
construction and equipping of a replacement Motor
Inspection building of equivalent size and capacity.
Conveyance of the title to the property legally described in
Exhibit I(2) of the Agreement shall take place following the
payment by the CITY of the CITY's share of the funds
necessary for
in exchange for
the construction and equipping of
replacement Motor Vehicle Inspection Station and following
10
commencement of the station's operation. The COUNTY agrees
that if both the State of Florida and Dade County abolish
the Motor Vehicle Inspection Program, the COUNTY shall
convey to the CITY, at the request of the CITY, by County
Deed, title to the property described in Exhibit I(2).
12. Following the COUNTY receipt of title to the
property described in Exhibit A of this Agreement and within
thirty (30) days upon written request by the CITY after
January 1, 1980, the COUNTY will begin the land disposition
process as required by Federal law in order for COUNTY to
convey t
the CITY, the property known as LOTS 11-16 IN
BLOCK 67N OF KNOWLTON's MAP OF NORTH MIAMI, more
particularlyy described by legal description attached hereto
and made a part hereof as Exhibit J. The COUNTY will use
due diligence in attempting to convey the property to the
CITY. The COUNTY Deed shall contain language substantially
similar to the following reverter provision:
The COUNTY grants all the real property noted in
this Deed to the CITY so long as the CITY utilizes
said property for a surface parking lot. In the
event that the CITY does not use the property for
surface parking lot, or conveys or attempts to con-
vey all or a portion of the property, then the
property described herein will revert back to the
COUNTY or its 'successors or assigns at the option
of the COUNTY.
The parties recognize that it is the intention of
the COUNTY and the County -wide Handicapped Committee for the
County
to develop the property described in Exhibit J as a
,Center for Survival and Independent Living facility (known
as "Center"). If at any time between the execution of this —
Agreement by the parties and March 1, 1980 the County -wide
Handicapped Committee can demonstrate to the COUNTY that.
operating funds are available, then the commitment to trans-
fer the property legally described in Exhibit J is null and
void. It is further agreed by the parties that if at any
time following the conveyance of the property to the CITY
and prior to the time that the CITY has developed the
property as a surface parking lot and if operating and d
1
velopment funds are available for a Center for Survival and
Independent Living, the CITY will consider conveyingthe
property back to either the COUNTY or
public agency developing the Center.
the appropriate
13. Simultaneously with the COUNTY receipt o
title to the property described in Exhibit A of this Agree
ment, the CITY shall convey to the COUNTY, by General War-
ranty Deed, the property known as the
STOCKADE, more
particularly described,. by legal description attached hereto
and made a part hereof as Exhibit K(1-). Said -deed shall
contain language substantially similar to the following
w
reverter provision.
The CITY grants all real property noted in this
deed to the COUNTY so long as the COUNTY utilizes
said property for a Detention, Rehabilitation,
Stockade Correction Program or associated uses. In
the event that the COUNTY does not use the property
for a Detention, Rehabilitation, Stockade Cor-
rection Program or associated uses or conveys or
attempts to convey all or a portion of the
property, then all the property described herein
will revert back to the CITY or its successors or
assigns at the option of the CITY.
If at any time the COUNTY is able
to relocate' the
City Horse Farm located adjacent to the property described
in Exhibit K(l) to a mutually agreeable location, or if for.
any period of two years, the CITY does not maintain the
property as a horse farm, the CITY agrees to convey to the
COUNTY, by General Warranty Deed the property currently
known as the STOCKADE ADDITION, more particularly described
by legal description. attached hereto and made a part hereof
as Exhibit K(2). Under no circumstances will the COUNTY
deny access to any CITY property in and around the STOCKADE.
14. Simultaneous with the COUNTY's receipt, of ti-
tle to the property described in Exhibit A of this
Agreement, the COUNTY shall convey to the CITY by .County
Deed the property known as WILLIAMS PARK AND POOL, more
particularly described by legal description attached hereto
and made a part hereof as Exhibit L. The CITY agrees to
maintain and operate the facility as a park and pool at at
least the same level of service that' is currently being
provided by the CITY at other parks and pools.
12
15. Except for the recordation of the deed de
scribed in paragraphs 1 and 13 hercof, any and all document
ary stamps or recording fees which shall he due as a result
of any conveyance under this Land Exchange Agreement shall
be paid by the CITY.
16. This Land Exchange Agreement contains the en-
tire Agreement- between the parties hereto and all previous
negotiations leading thereto and it may be modified only by
an Agreement in writing signed and sealed by CITY 'and COUN-
TY.
17. It is understood and agreed between the.
parties hereto that written notice addressed to COUNTY and
mailed Certified Mail Return Receipt Requested to the County
Manager, Dade County Courthouse, Miami, Florida 33130,
shall provide sufficient notice to the COUNTY and written
notice addressed to CITY and mailed Certified Mail Return
Receipt Requested to the City Manager, City of Miami, City
Hall, Miami, Florida, shall
constitute
sufficient notice to
the CITY to comply with the terms of this Agreement.
Notices as provided herein
in this paragraph shall include
all notices required in this Agreement or required by law.
18. Subject to the terms, conditions and covenants
of this Agreement, it is recognized by the parties that the
respective properties shall remain peaceably held and
'enjoyed without hindrance or interference until such times -
as the properties are conveyed. Unless
otherwise noted
herein, all properties are to be conveyed in as good con-
dition as they now are except for normal wear and damage by
the elements.
19. If any paragraph, section, subsection,
sentence, clause or provision of this Agreement is held
invalid, the remainder of this Agreement shall not be
affected by such invalidity; provided, however, that if the
13
transaction described
paragraph 1
hereof
is ,not
all
consummated, then and
become
null and void*
that event this Agreement shall
20. If for any reason except: as noted in paragraph.
1 of this Agreement, and for a term of three (3) years from
the date of execution of this Agreement by both parties,
COUNTY is unable to develop the property described
Exhibit A of
County Dodge
described in
Exhibit A of this Agreement
this Agreement as an extension
Island Seaport, then title to the property
reconveyed
the
will be
back to the CITY and title to the property, if
ownership, described in Exhibits D,
the Dade
CITY
F, Fl(1),-H(2), H(3),I(1),
and I(2) will revert back to the COUNTY.
21. Following receipt of title to
the
property de-
scribed in Exhibit A of this Agreement, should any party
hereto be delayed in or prevented, in whole or in part, from
performing any obligation or condition hereunder Or from ex
ercising its rights by reason of or as a result
of any force
majeure, such party shall be excused from performing that
obligation or condition until such time as they are able.
In all other
respects, this Agreement shall
force and effect.
22. It
is expressly agreed and
remain in
full
acknowledged by
both parties to this Agreement that no provision of this
Agreement is meant or intended to be inconsistent or in con-
flict with the power of the parties as set out in the Con-
stitution of the State of Florida, the laws of Florida, the
Home Rule and City Charters and any ordinance of COUNTY or
CITY presently in effect,
upon
23.
This Agreement shall enure to and be binding
successors and/or assigns to the parties
less expressly provided herein. No assignment of
14
hereto um-
Agreement or any rights or duties thereunder, unless ex
pressly provided herein, shall be permitted without
written consent of the parties.
24. This Agreement .shall be executed in such forw
as to be recordable in the Public Records of Dade County,..
Florida.
IN WITNESS WHEREOF, the parties hereto have caused
this instrument to be executed by their respective officials
thereunto duly authorized this day of December, 1979.
DADE COUNTY, FLORIDA
BY --ITS BOARD OF COUNTY
COMMISSIONERS
(OFFICIAL SEAL)
ATTEST: By:
RICHARD P. BRINKER, CLERK M. R. STIERHEIM
County Manager
By:
Deputy Clerk
THE CITY OF MIAMI, a
municipal corporation o
the State of Florida
(OFFICIAL SEAL)
ATTEST: By:
City Clerk
JOSEPH R. GRASSIE
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
Approved by City Attorney as
to form and legal sufficiency.
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