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HomeMy WebLinkAboutR-78-0504RFC/tb 7/19/78 RESOLUTION NO. 7 8- J U 4 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH METROPOLITAN DADE COUNTY FOR THE USE BY THE CITY OF THE COUNTY'S N.W. 20TH STREET SOLID WASTE TRANSFER FACILITY IN ORDER TO IMPROVE CITY WASTE DISPOSAL, IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THE ATTACHED AGREEMENT. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute an agreement with Metropolitan Dade County for the use by the City of the County's N.W. 20th Street Solid Waste Transfer Facility in order to improve City waste disposal, in accordance with the terms and conditions set forth in the attached agreement. PASSED AND ADOPTED this 27 day of July 1978. Maurice A. Ferre MAURICE A. FERRE MAYO R AT T : fC% a--` cf9-/ R{.LPH G. ONGIE, CITY CLE PREPARED AND APPROVED BY: OBERT F. CLARK, ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: GEO GE F//KNOX, JR. C ORNEY "DOCUMENT INDEX ITEM NO.__ DQCLJMENTS FOLLOW" CITY COMMISSION MEETING OF JUL2 / 1978 �aurran no. 7 8 - 5 4 AOkttMENT THtS AGREEMENT, made and enteted into this day of 1918, by and between the CITY OF MIAMI, FLORIDA, a municipal corporation, and DADE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as the CITY and COUNTY, respectively: WITNESSETH: WI1EREAS, the City, as owner, has leased to the County a 2.58 acre site in Section 35, Township 53 South, Range 41 East, identified as a portion of TRACT "A", MUNICIPAL SHOPS TRACT, according to the plat thereof, as recorded in Plat Book 52, at Page 14, of the Public Records of Dade County, Florida, for the specific purpose of constructing a Solid Waste Transfer Facility upon the premises; and WHEREAS, construction of the N.W. 20 Street Solid Waste Transfer Facility by the County was included in the Decade of Progress Solid Waste Program to improve the handling, hauling and disposal of solid waste generated within the City due to phase out of the N.W. 20 Street City Incinerator and eminent closing of the Virginia Key Trash Dump, NOW, THEREFORE, in consideration of the premises, the covenants, the conditions, the limitations contained in the City property lease agreement, and the agreements herein contained, the City and the County hereto agree as follows: ARTICLE I. Definitions Facility. The "Facility" is a lam--f, /�� Aw_ hip solid waste tfans er.station located at the premises and consisting of a building structure and including office space, compactors, push pits, truck scale, transfer trailers and tractors. Industrial Wastes. The words "Industrial Wastes" shall mean the waste products of canneries, slaughterhouses or packing plants, condemned food products, agricultural waste products, wastes and debris from brick, concrete block, roofing shingle or tile plants, debris and wastes accumulated from land clearing, excavating, building, rebuilding and altering of buildings, structures, roads, streets, sidewalks or parkways, and any waste materials which, because of their volume or nature, are not part of the ordinary solid waste stream, a«504 wi InfectiousWastes. "infectious Wastes" ate those wastes tesultirni from the operation of medical diihics, hospitals, abattoirs, and other facil ities producing Waste which may consist of, but ate hot limited to, human and animal parts, contaminated bandages, pathological specimens, hypoder- mic needles, contaminated clothing, .and surgical gloves. Solid Waste. "Solid Waste" shall mean all forms of garbage, garden trash, commercial waste, noncombustible refuse, rubbish, waste, bulky waste (including white goods, furniture, and other large rubbish items), bundled garden trash and containerized waste, and minor amounts of Pathological Waste to the extent that they are included in the normal solid waste stream; but excludes industrial wastes, liquid waste, infec- tious waste, sewage, junk automobiles, branches and tree trunk sections over five (5) feet in length and bulk shipments of manure. Ton. "Ton" shall mean one short ton of 2,000 pounds. ARTICLE II. The Agreement The purpose of this Agreement is to define the basis upon which Dade County shall operate a Facility for the transferring of Solid Waste, located on a parcel of land owned by the City of Miami. This Agreement and Appendices A and B contain the entire agree- ment between the parties hereto and may be modified only by an agreement in writing signed and sealed by County and City. This Agreement consti- tutes the entire understanding and agreement between the parties and super- sedes any previous understandings or commitments, oral or written, related to the subject matter hereof. ARTICLE III. Notices It is understood and agreed between the parties hereto that written notice addressed to the lessee and mailed or delivered to the County Manager, Dade County Courthouse, Miami, Florida, shall constitute suffi- cient notice to the lessee, and written notice addressed to the lessor and mailed or delivered to the City Manager, City Hall, Miami, Florida, shall constitute sufficient notice to the lessor, to comply with the terms of the Agreement. Notices provided herein in this paragraph shall include all notices required in this Agreement or required by law. 2 "SUPPORTIVE DOCU M ENTS F LLOW" ARTICLE IV& Use of h,ie.. Premises County covenatits and agrees that it will solely use the demised premises as a solid Waste transfer facility. ARTICLE V& Term This Agreement shall become effective and the term thereof shall commence May 18, 1978 when the facility became operational. It shall remain in full force and effect for a period of thirty (30) years, from the date of execution, unless sooner terminated as provided herein. ARTICLE VI. Assisgnment The County shall not sublet or assign this Agreement under any condition or circumstance. ARTICLE VII. Exclusive Rigth to City's Solid Waste It is the intent of this Agreement that all solid waste gener- ated within the City and not retained for City use shall be delivered to the Facility during operating hours from 7 a.m. to 5 p.m., Monday through Friday EXCEPT that City waste may be transported to the NW 58th Street Landfill or the Solid Waste Recovery Facility when completed, should haul distance be less than to the NW 20th Street Solid Waste Transfer Facil- ity. ARTICLE VIII. Disposal Responsibility Dade County agrees to accept delivery of all Solid Waste, as defined in Article I above, from the City when the Facility becomes oper- ational and notice is provided by the County pursuant to Article III above. Deliveries to the Facility may be made by the County, other municipali- ties of Dade County, licensed private haulers, and such other persons permitted by the County. ARTICLE IX. Disposal Fee The City shall pay the County, within fifteen (15) days follow- ing the receipt of the County's bill at the end of each calendar month, a disposal fee for the services described herein. The first fiscal year and each fiscal year thereafter said fee shall be determined by multiply- ing the actual tonnage of Solid Waste delivered by the City at the demised premises by the estimated disposal fee per ton. The estimated cost per ton shall include the estimated costs for the fiscal year of Items A, B and C below; A. The annual operating cost of the facility; and"S U Pp T t r.-• , 9t.,i �'.,,�.; r 0 B. The cost Of transportation of compacted Solid Waste from the Facility to the County/ s present landfill at N.W= 87 Avenue and 58 Street and the County's proposed Resource Recovery Plant at N.W. 91 Avenue and 74 Street upon completion and operation; and C. The uniform fee charged all users (including Dade County) for disposal of Solid Waste delivered to the County's. landfill and future Resource Recovery Plant site. During the first quarter following the beginning of each fiscal year, a one-time adjustment on the billing will be made to reflect the actual operating expense for the previous fiscal year in accordance with the above stated formula. The adjustment on billing referred to above will be audited annually by the County's internal auditor in accordance with recognized and accepted governmental accounting practice. The City shall have the right to verify the accuracy of the County's determination as to A and B above by an audit by a certified public accountant or the City's own internal auditor. The fee provided in C above shall be the uniform rate charged by the County to any other governmental franchise or contractual user for the same service. ARTICLE X. Utilities County agrees to pay all charges for gas, electricity or other illuminant and power and for all water used upon or in connection with the said demised premises. "SUPPORTIVE ARTICLE XI. Force Majeure DOCUMENTS FOLLOW" In fulfilling the obligations hereunder, the County shal not be liable for delays or failures to perform caused by acts beyond its control. ARTICLE XII. Termination In the event the County shall failto perform or observe any obligation in this Agreement or fails to comply with any material provision herein, and the City shall have served written notice upon the County, setting forth the details of the alleged breach, and the County shall not have cured said alleged breach within one hundred eighty (180) days after such notice, then the City shall have the right to declare the County in default. In the event of default by the County, the City may terminate this Agreement, ii,,. r- tr.,, `. t% 6 ih which event the County will be permitted to remove all equipment and salvageable material from said premises. ARTICLE XIII► Quiet Enjoyment_ of Leased Property City covenants and agrees that so long as no default exists in the performance of Cityis other covenants contained herein, County shall peacefully and quietly hold and enjoy the leased premises and all parts thereof free from eviction or disturbance by the City or any persons claiming under, by or through the lessor. ARTICLE XIV. Statutes County agrees to use the premises in.accordance with all laws, statutes and ordinances now or hereinafter applicable and not to suffer or permit the same to be used for any illegal purposes. IN WITNESS WHEREOF, the parties hereto set their hands and seals the day and year first above written. ATTEST: CITY OF MIAMI By: ATTEST: By: Clerk Clerk By: City Manager DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: APPROVED TO FORM AND CORRECTNESS: ..e GEORGE F. KN't , JR., CITY TO'NEY 5 — County Manager PTO ,RTIVE Ts I..1._.z i , i• This lease ase agreement. ('t;:'('T,'C'(1 into this ; •t.y d:ly of I .•., t!, A.1). 1976, i,t`t'.•'e('tt THE 6I1-1 OP }4IA:•}I., it }•unicipili (;rfl•1 cn:t! iu:r of t iit' Mato�• 1. .• ri ' t`: ,,tct, a of Florida, C •i.,t i.t1,, 1, �%i 7't tt. oI. t}tr. ��tcltltt t .r cal. ' 11�' State (A FF'1(lric1:t, hcreiii:tftc:t` referred to as "lessor", and (:C)tI:;'17 OP 1)AW., 11.0;t:bA, a Political Sulldivi:iic,n hereinafter referred to a: "I,e.::it1(`." 1�if f I,r.,,SE }I That. the said (1 Lessor does this day lease unto the said Lessee, and said Lessee does hereby hire and take a.; tenant : tinder nit i.d 1.e::i,:U1:, ,, described r• ,,: C; the fo17.C1•.'J.i:�� C. ,C1:1"LC.(. real estate ..+7.t:li:lt.(. and � J 7 [,�� t`J.t:h l tl t_11:- City . of I+}Lai i, I):lcic County, Florida, and more par.tictilarl.y (lC(.(•r.ibed :IL; follows, to wit: r� tl It .,�� .�•.�� t,5 i�. , �� Tit Ni A portion of Tract A� , 1•ili..LC._I AT.. .�;,,)T S itAC,l, according to the plat thereof as recorded in Plat )3cook 52, at Page 14, of the Public Records of lade Carroty, Florida, being more particularly dcsc•r•i.bed as follows: Coil::i enc ].ng at the M1 corner of NE?; of Section 35, Township 53 South, 1;anc;c •c • , c,Cl 8 i r "W 1:cst: Zinc 41 LC..It, thence S„ •'l�U -(Jt) .. along ti1C'. � line of NE1,4 of said Section 35 for a distance of 50.00 feet; thence East along; a 1 ine 50 feet :southerly of and parallel to the North line of said Section 35 for a distance of 318.85 feet to the lrii�T OF BE- GINNING; thence continue East for a distance of 287.00 feet; thence South for a distance of 333.75 feet; thence West for a distance of 8.12 feet; thence southwesterly along the arc of a circular curve to the right, having a radius of 110.50 feet, a central angle of 70°-50' -51t1 and a chord bo ar ing of S54°-34'-31"W, for a distance of 136.64 feet to a point of tangency; thence West for a distance of 134.50 feet to a point of curvature; thence north- westerly along the arc of a circular curve: to the right, having a radius of 113.00 feet and a central angle of 45°-00' -00", for a distance of 88.75 feet; thence N45°-00' -00'1 along a line radial to the last mentioned curve for a distance of 70.57 feet; thence North for a distance of 305.00 feet to a point of curvature; thence northwesterly along the arc of a circular curve to the left, having a radius of 25.00 feet and :t central angle. of 53(1_0J' -": ", for a dis- tance of 23.18 feet to the PO:1::;T OF BEGINNING, all lying and being in the NUJ'; of P: J; of. NE:,; of Section 35, Tot•.ilal:ip 53 South, Range 41 East, I)nde County, Florida, and containing 2.58 acres, more or less. TO 1,e used and occupied by Lessee (I fla Sol. id Waste Tr:l;lF; for ��i f,�: �, i?t'al;101'1, :and for no other 1a1rponc.s or uses whatsoever, :jai c. .lease tort"cp t:U h::11 the . i'.t' (3,:}• o fst_.,' ) 1.116, ;it :t total. rent : I. c' f Om! 1)o1 1 :;r ($1, , 00) , pay :tbl e in r,c;van;:�` f roii) Lessee t(., Lessor APPENPTX A 1 Al- Lt. 1.:t ('(J" t:1,.1 ( .'I:� .!i;L+2L'J Lt.'LtJtit.'ti 1.t'• :r(.)1 itnd J.('.:'it•1` as ). ► Lessee shall.. Ill)t httvo tlie right to sublease all o1. any 1'1t'1, c: r the l.ruucd 1)romi.:;r .( :te1;c`.'1.'`].1)t:d a117ovo i 2, Lessor shall have the r:11 11t to ;;Half:e in tho use or t:lic area ttnC; or the proposed Int L 1.d nL, rot.` pitrk l.tl$ pui:pose n with the additional . 1.'1.',ii ltt: ol: n.°,1°C`:;;; :Rid cit, ret;;1 t:110y`I.:t:C), il.t i 1 i i + a.`W;i� .,t •.ii.i,. A: ��t .y�✓,.t.j �:y) 4• �• �7, err-+'t. 1( ••• :"r' ,t!a..)• ."--1Li �+..:,..• . 1 •)'•' t.�'a::.i..L..a.a. L! ..,. v t t i ..'.+:. at., ,-1.0a•iti... •.-7'""i•E..-i4' L,`-.. . a •"''•• t'i't.".•.'- ..'...fir--,`— .(...`1.i �'..: :A: J.+,•, "'t- 4..'.r�..�..4..i :.-c'.i. it.., - h"'" ia.ir wi r i • • r'. "1 j .•. a • • 'ti:i..:. .Ft..+rr `:§.:.) ! .•.. tw..iit� r. !-'.141, .4+ , i•,i.r i-)•••Y 44,.+1•4%4.;44 .t •.. 1 r ... . ::� ...— : •i:.• 43-ra..w ,,rs:•(..l:a'M.'JT'i�•WJ• ,,i 23•...'... ..+...t.+s.3.� �....:+..r:.'.r.'.......ai� �aah. t.. t. lC''474 :.i 4441•44.1+'.44- 1.tt. ,: `:.tar•} 4. This 7.cc ne is further cent:1_n :,12nt: upon the Lessor granting to Lessee a Grant: of I':asc'lil('.Iit: to be executed simui tanr'i)t:' 1 y herewith Lh for the air r1.;1ILS only of that area of Lessor property situated t:-C:S t er a.y adjacent to the leased area, said easement area as shown and described on sketch of property clra:an March 29, 1976 and. revised i•i-trch 30, 1976 by Charles C. huficl;a, Civil 1 nj:ineer-7.c;nd Surveyor. Said area of easement shall he utili::ecl by Lessee for the construction, use and maintenance of a+ vehicular ra.:.lp necessary for the operation of the solid waste transfer station. Said grant of easement shall contain a provision that the use of said ratnlp by Lessee herein :;hall not impair the use of the area below the proposed ra:1lp by Lessor, herein.. Said grant of easement shall contain a•furthc.:r provision for its voidance in the event t:llat the premises under_ said lease and . case:tlent area ceases to be used as a solid waste transfer station. S. • This lease shall bcome null and void in the event that the leased prein?.ses ceases to be used as a Solid 1','aste Transfer Station, and Lessee herein shall give: up and surrender the leased premises to the Lessor herein within 30 days after receiving; a written notice that said lease is now null and void. 6. Lessee shall hold harmless Lessor for any damage, injur person or property on the leased premises. 7. All improvements ents and the maintenance and preservation there- of, placed by Lessee., is to be at the sole expense of t:he Lessee. S. Any taxes and utility charges for utility services assessed or charged against the 1easc d premisesby ,� :. � shall h� paid for the Lc .:; .c, IN TITNES: WO.REOF, the parties; hereto have executed this; ins tru- 1:'C'P': for the purpose herein expressed the day end year first ,'?l,ovo %:' Il:ten. J. ,. CITY U:? 111::'1'1T, al 1,1unic:1pal CorporaL.i of: tlt.t St:;tUe of 1,1or. Ida ca_t:y. Clerk «SUP^�^"Mi Ct W ., I ) r •'f (:c;)t::t'y;,:Il:l, ty i YHi a ] ; I 1 iT . ; i. c VG. ti, f t ; 1,'. , /j i 7)'(� r between een 'i`i! CITY OP t1 tu�l , a iun ice }?al C'ot'I orati.c�n of the ',tttr. Of` Florida) pal'ty of ''' f'Ii''•t tiar't. tend `I'}iE COUNTY OF DAM) , f'c)(};.% Corporate) and a Political U'Jdivi:;.ton of the State of F Jor.t d:ti and its UccC'.aaors in itltereat, party of the second part; ��. S T That ; ii. t• } rat'., for and i fl t'11�,1t;:�,_,!•:I}i, .hit, .,�l:ld party ofthe fi i.', . ),i� Conn tdef'CltiOYI of the num of One Dollar (v .l. 00) and other good} and valuable con:;.} c.:ei'iit:.i ona , to it in hand paid 1 ' said pitrLy of tho second part) the receipt whereof i.:; h1":reby acknowledged, does hr.:rl:t):i grant) give 1t11C1 convey to the t'ru t,, or the necond part., its t.;ucce ,i !'1':; assigns '1.. re• ) air i ai and "• L!�"' fOi'C1\'c!1', a perpetual C.'c..�C.,.tlC. for the i...}.T 1 .:.[,,)t:i for the con:;tructlon, use and maintenance of a vehicular ramp, a:; per ;,1t;. plan PropC):;a1 No. 1, Sheet 1., prepared t;;' C;rcetllea '/'t'u).e.;ca, }']annur, Engineer:, and Architect:;, Inc. , bearing 1'i.I.e No. 14914.50-•9, drawn I'Cbru,:.';! 1976, said rights including ground ri[;;1t::; for the con:;tI'uct'i.on Of the I1CCeasary columns propo:;ud to support the aforesaid vehicular ra"ip over the following described land, :.;It;uat'ed in Thu City of i'it mi., County of Dade and State of V lorida, to --wit.: A port on of Tract "A", MUNICIPA1, SHOPS TRACT, according to the plat thereof az recorded in Plat Boo;: 52, at Pa o 14, of the Public Records of Dade County, Florida, being more particularly C c:; cr bed as follows: Commencing at tnc 1.i; corner of NE1/11 of Section 35, Tc: nahip 53 South Range 141 East, thence S00-14£4'-00"t'1 along the west line of NE1/14 of said Section 35 for a distance of 50.00 feet; thence EAST along; a line 50 feet southerly of and parallel to the North line of NEl./14 of said Section 35 for a distance of 313.85 feet; thence southeasterly along the arc of a circular curve to the right, having a radius of 25.00 feet a central angle of 530--07' -143" and a chord bearing of S260--33'-514"E, for a distance of 23.1E feet to a point of tangency; thence SO'UTIi for a distance of t t the POINT BEG iNI„ t, t �2.. 10 feet to t;L1 0 ' a�-..,.li..._ ,,G; thence south- westerly and southerly along the arc of a circular curve to the loft, having a radius of 130.00 feet, a ceni:.'al angle of 860-148'-50" and a chord bearing os S3S°-15'-03";•;, for a distance of 196.97 feet to a point of tangency; th:nce S10°--09'-22"E for a distance of 914.90 feet to a point of curvature; thence south- easterly along the arc of a circular curve to the left, having a radius of 113.00 feet and a central angle of 31+0-50'-33", for a distance of 68.72 feet; thence f4'ac'--00'-00"i: along a line radial to the last mentioned curve for a distance of 70.57 feet; thence NORTH for a distance of 252.90 feet to the POINT 01' BEGINNING, all lying and being in the i:t',1/t4 of NW)./1i of NE3/14 of 35 r3 South,Range 141 East Dade Section, t�):li..�:i11. .. t, > County, }Florida, and containing 0.53 acres, more or less. The proposed rriir.p and it.; supporting columns de ,ir.ned for use by th•:: party of the : econd part with t.hc ;;o1id baste trans fur station pro•- poaer:1 to be col::;truct.r.d eaatei'ly abutting thereto, shall not impair U:'c: of the apace i,e.l C;'.i the C,ropo:;ed vehicular ramp intended to he used as a 1•a:1:int; faci.iit.y by the party of tic! fir:;t part. All corir.truetion plan; :;hall be reviewed and approvuca by the Dep:trt;<ent. of Public ;gorgs of The Ci t.y or I• ie,tn't prior 1.0 the ;;tart. cO;1 t1'Uet. .o herewith. "SUPP"I^TIVr FOLLOW" FsPPglID1.X. }3 CiI:i1Ni L 'i1It1 S INDENTURE) Made t;h i (,day or c ` V` between n Full:', CIru`1' OP tiLf i 1. , a Mun i.Ci p;.ti C`•o1'tForati.otl or t:Iio T6s Florida) party of '... first Y)tit'i•, and THE COUNTY (1i' I ADE) a i>od, Corporate) cttui a Political Subdivision of the State of Florida) and its successors in init mot, party of the second part; WITitMSE7'lt, That said party of the first prat:, for and in COn:)i dt:I'rit:1.011 or the um of One Dollar (t:1.00) and other good and valuable cone;.I c ev:i t;i ons , to it in hand paid by said p:irt•y or the, second part., the 1C'eeil)t: whereof i.:, h-,rc't,y acknc.' ledred, dne;, hereby (;rant, give \ &. and convey to the party or the :second dart., i.t.a; successors and assigns forever, a perpetual etitstn—.ent fo1' the air rights for the construction, use and twti1►t:cnance of a voill cutar ramp, a:. per site plan Proposal I;o. 1, Sheet ], prepared by Crccnlci.'/teJ._;c:, Planners, , 1 ' f , t• ♦ ,• , r �' 11'c 1 1 0 ( dr w 1':n;;irl�.t;r: t.ttd ,:rchit:i.ct.,, Inc.. , t)cai)1.L, i��.1.c• rio� F 3 i,� -'�, ,i�.a 1'etlruc:'y 1976, said i !.1';hts including t;round ri.(;ht::; for the construction Of the necessary columns proposed to !support the aforesaid vehicular ramp over the following described land, situated in Thu City of Miami, County of Dade and State of Florida, to -wit: A portion of Tract "A", i• ?JNICI?AL. SHOPS TRACT, according to the plat thereof as recorded in Plat fool: 52, at Page 14, of the Public Records of Dade County , Florida, being Acre particularly described as follows: Cor--ncing at the N+ corner of NE1/4 of Section 35, Township 53 South Range 41 East, thence SOIL-1; 8' -00"W along the west line of NE1/4 of said Section 35 for a distance of 50.00 feet; thence EAST along a line 50 feet southerly of and parallel to the North line of NE1/4 of said Section 35 for a distance of 318.85 feet; thence southeasterly along the arc of a circular curve to the right, having a radius of 25.00 feet ` ai Y 53°-07' 1 " and a chord bearing a central angle of - c3 of S2G0-33'-54"1, for a distance of 23.18 feet to a point of tangr:ncy; thence SOUTH for a distance of foot the ' t T OF BEGINNING; t 52.10 to t.�1e 10'�...L thence south- westerly and southerly along the arc of a circular curve to the left, having a radius of 130.00 feet, a cent:_'al angle of 8G0-481-50" and a chord bearing os S33()-15'-03"W, for a distance of 196.97 feet to a point: of tangency; thence S10°-09'-22"E for a distance of 94.90 feet to a point of curvature; thence south- ea::te;'ly along the arc of a circular curve to the left, having a radius of 113.00 feet and a central angle of 3li°--50'-38", for a distance of 68.72 feet; thence I;1c5°--00' -00"i: alone- a line radial to the last mentioned curve for a distance of 70.57 feet.; thence NOii` 11 for a distance of 252.90 feet to the POINT OP BEGINNING, all lying and being in the: ia''i/1I of IJi•,1./4 of i.fl ]./4 of S 35 Township r�g, st Dade Section J), J South, 12:'n�,c- tl East, Count;,, Florida, and containing 0.53 acres, more or less. The proposed ramp and its supporting columns designed foi' use by the party of the: :second part with the solid waste transfer station pre,-- po:;c::1 to be constructed easterly abutting thereto, shall not, i r.;pai r talc h:;(: of till :;1)J:t:!.: boic;w the proposed :'t'a.t(:u]ar :'amp intended to t): used rL pr:z•l:i n : fra ciii t:;,' by the party of tho fi.r:;t. part: A11construction plans shall be reviewed and approved by the r �, i . t rw.. f Public �. � ., r a. f r, . o City , ' prior • o , • •' 1)Cl) ��.i� ,1i. C), ..1e..I..� of .Ili l...t.;� 0J 1'li.it[at. to t:llC ;;tart O. any con:-.tt'uct i0:1 hc'rowi th. . "SU PPT;1'E D i ^; •`; •t i t... � ii M �._ FOLLOW" APPENDIX 13 1 e;t::t'ru•:1t; .; l rt: .ut;t:ti iii 1nt.1:; :; ;+ , l;ia t :Jtit',?:J:; •1 i F i • t. ; ti�,r+lurv.;r1t, t:tl a..':r!�Ii } JItO t+�� tht! t),:t i•t. I :': tt'.:r1' lrl rot% 1„�t.�jl!t't. Y � abutt.inr, said easement onth!ea t; ullt_ir! ;ltt tCh Lh!! f►I'opo,..+•'rl sol t.tl Wrtnte transfer station 15 to be ounstructudi Th 1.;, easement.. shall 11eC'.C)tilt' null and told 1t1 the ' yr nt that the ,, s under 5 i1tC.I::I ,t.'C; 1lt1C1<.J .+hall t:a6C.t7t.tlt. ;ltl+"i aid lease Ceases t:0 }1t.' used an it t;ol.i ci waste transfer station, I1P IS UUI`E1LWOO1) AND AGHEEI) by and between the particS hereto t.h;tt. THE COUNTY OP I)An, a Body Corporate, and n Political. S ubcftvi=• ,; .or of the State t!,f` Florida,and its successor5 in interest, a(;t'c`e:; t}i;ti: the r a::(t vehi.culcll' ramp to bu constructed over the property here;lY I•,.i.vi:n for nllc}1 1'.i j;1it, 5h;.l1 alwny:; be maintained no it:; not to be or become a nui ;anCe. S}IC)(JIJD the above easement be abandoned or discontinued by , operation of laW or otherwise, the said easement shall cease and revert to t:he Grantor herein its 1.1cee::• T assigns. i i .. , , . +, :� :i C) i a.i C) Z a :i r i f, t l , . IN V1TNF,SS WHEREOF, the t;ai.d party or the first part has caused th.i.r i.nst2'uui .'nt: to be executed In 1t:5 name and its corporate teal to be afl'.i.xcd hereto by i.t:; City r anaLcr and City Cl.er•i:, both there - unto duly authorized. (SEAT') [T'�77 /r; /- tej City I•i ar l;! L;c r ee'......4............, • (....„L 11♦♦ t !. .. -- '�-, •'+'•;'' :;..,.yiv' ./ vim•••:-r ., .,•«•'• . ' f n•.z•, ,i ty Clerk -- ._ STATE OF FLORIDA) 1 COUNTY OF 1)ADE ) I, an officer authorized to take ackno:•rledL;^tints, hereby •certif y that on this of • . L. - , 1976 personall appcal'ecl befoI•L,' me P. t•, . A DREWS and H. D: S OUTl F U, known to me to t.•o the City Na;lc t:er and the City C1eI , respectively, of the CITY 1 OP a municipal corporation in and under the laws of the State of i'lorida, and }:no;::l to me to.be the persons who executed the fcreE;oini; instru- ment, and they severally a cl•:no;;1 edr,ed the execution thereof to be Ivoluntaryas officers, their free and volunt,�.., act .and deed such offic���, for the uses and purposes therein e::p2'esscd and that they affixed thereto the official :.eal of the said municipal corporation, all by and with the authorii:j•of law and of the City Coi.^.mission, and that the said instru- ment is the free and formal act of the said municipal corporation'. WITNESS d�' ' t my hand and ofi'.tcial. seal in saidCounty and State the day and year last aforesaid. My C(:::,.nisnion Expires: C_ .::,'"11:00,1 I', 'I"(S lu••• rat 19%7 v _•can-f;;t iiI 1 }:OV J .i A!; 1C) rj.itill:r .. li... 1J /p tt.: 1 I t.:l: :•U1:.'11t: 1:?:.'eutt:Ll J`ttt•:;a:: to t;/_•:;t.'J ut;. c n No. I'• -t'.1 and AdfiJ)ted Notary }'unlit, State of Floriva at Lar;e APPROVED AS 1'O DF,SCRIPTION ^- Director, Dept:. of Public :iCli'i;;j—____. "SUPPORTIVE DOC! !MENTS S'I':1'I'1 (!1' FLORIDA ) ) SS: COUNTY 01. D:1DE ) 1, RIC11:iRD P. 131:INKTR, Clor1; of Ow Circuit Court in and for 1):uk County, Florida, rind ! x-Officio Clerk of the I3octrci of County Commissioners of said Cou,tty, 1)0 IIE1:1 !31' CERTIFY that the above and foregoing is a true and correct copy of Resolution No. "_ %_".C�--.-.___ adopted by the said 13oard of County Co;r.mis- :donors rct its t:::'eting h:ld on il-nr:r 1;i 197` __. IN WITNESS WHEREOF, I have hereunto set my hand and official scal on this _ clay of at2_-f A. D. 19 76 RIC1!ARD P. 13R1Ni' ER, Es-0fficio Clerk Board of County Commissioners Dade County, Florida Deputy Clerk SEA1. l u:nrd c,f Cotutly ('m:;:ti:;'.iuut'rs 1):+,10 Comity, I';,)ri,l,t "SU c t DIDnDTIVE DOCUMENTS FOLLOW" .. _ t ,.. v . , 1 ' :: TO: 29 ve Es dtitnm, itt Assistant City Malacet (2,6i -1-eszte— Ffl '.I: clarance Patterson, Ditectot Department of Solid Waste CITY OF MIA 'AI. '..C1110A 7 ' MORAN DU.4 :1tFCRENC_3: duly 14, 1578 Ttansfet Station Agteemet►t The attached agreement is the final product for an agreement between the City and Dade County for the use of the 20th Street Trans- fer Station. Minor changes were made at a meeting on July 11, 1978.with Dennis Carter, Assistant to the County Manager. The changes are: Article I Solid Waste next to last sentence, changes four (4) to five (5) . Article V date inserted for words "upon execution". Article VII second sentence, after the word "hours" insert from 7 a.m. to 5 p.m. Mon- day through Friday. Article IX third sentence, delete "in Article IX". I believe this agreement covers the City's need and recommend its adoption. 78-504