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HomeMy WebLinkAboutsubstitute exhibitITEM: NO. RE.12 -SUBSTITUTE ATTACHMENT JULY 22, 2004 COMMISSION MEETING AGREEMENT BETWEEN CITY OF MIAMI AND MIAMI-DADE COUNTY This Agreement ("Agreement") made this day of , 2004, is by and between City of Miami ("City") and Miami -Dade County ("County"). WHEREAS, the County owns real property located in Miami -Dade County, Florida as more particularly described on Exhibit "A" attached hereto and incorporated herein (the "County Property"); and WHEREAS, the City may hold certain reversionary interests (the "City Reversionary Interests") in the County Property by virtue of that certain Agreement between the City and County and The Miami -Dade County Water and Sewer Authority for Transfer of All Water and Sewer Properties, Facilities, Funds and Obligations to The Miami -Dade Water and Sewer Authority dated March 13, 1975, as amended by that certain Stipulated Agreement between the City and County for Entry of Final Judgment dated February 25, 1986 (the "Stipulated Agreement"); and WHEREAS, the County has requested that the City release any and all City Reversionary Interests in the County Property and the County's obligations under Paragraph 2(c) of the Stipulated Agreement relating to the County Property; and WHEREAS, the City owns real property located in Miami -Dade County, Florida, as more particularly described on Exhibit "B" attached hereto and incorporated herein ("City Property"); and WHEREAS, the City Property is subject to certain deed restrictions imposed by the County (the "Restrictions") and the County holds certain reversionary interests in the City Property (the "County Reversionary Interests"); and 1 04-- 0 6-2 8 — .e0 WHEREAS, the City has requested that the County release the Restrictions any and all County Reversionary Interests in the City Property. NOW, THEREFORE, in consideration of the premises and the mutual covenants hereinafter set forth, the City and County agree as follows: 1. The County agrees to release the Restrictions and the County's Reversionary Interests in the City Property and to pay the City $250,000 for the release of any and all of the City's Reversionary Interests in the County Property and a release of the County's obligations under Paragraph 2(c) of the Stipulated Agreement relating to the County Property. 2. Within 30 days of the execution of this Agreement by both parties, the City and County shall exchange fully executed Releases of Reversionary Interests attached hereto and incorporated herein as Exhibit "C". Contemporaneously with the exchange, the County shall pay $250,000 to the City. 3. The City and County shall duly record the Releases with the Clerk of the Court. 4. The City does not object to the limestone extraction and removal and ancillary uses thereto to be conducted by Tarmac America LLC, a Delaware limited liability company, on the County Property, as set forth in the Tarmac Mining Plan dated June 1, 2004 (the "Mining Operations") and agrees not to challenge the permits and approvals required for Tarmac's Mining Operations on the County Property. Within 60 days of Tarmac's receipt of all final permits and approvals necessary for conducting the Mining Operations, the County shall pay the City an additional $1.75 million. 5. The City and County hereby acknowledge and agree that Tarmac is a third party beneficiary to this Agreement and, as such, shall be entitled to rely upon and enforce the terms and provisions of this Agreement, including without limitation paragraph 4 hereof. The City and 2 County further acknowledge and agree that this Agreement shall not be modified or amended in a manner adverse to the interests of Tarmac, or terminated, without the prior written consent of Tarmac. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives. ATTEST: CITY OF MIAMI, a municipal corporation of the State of Florida By. By: Priscilla A. Thompson, City Clerk Joe Arriola, City Manager ATTEST: • HARVEY RUVIN, CLERK OF THE BOARD MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS George M. Burgess, County Manager Approved as to form and Approved as to form and correctness Legal sufficiency. Henry N. Gillman Maria A. Chiaro Assistant County Attorney Interim City Attorney 3 EXHIBIT "A" TO AGREEMENT BETWEEN CITY OF MIAMI AND MIAMI-DADE COUNTY 1. All of Sections 11, 12 and 14 lying in Township 53 South, Range 39 East (Approximately 1,800 acres) 4 EXHIBIT "B" TO AGREEMENT BETWEEN CITY OF MIA II AND MIA DADE COUNTY Miami Marine Stadium Property - U goo' pg 29 All that part of Section 17, Township 54 South, Range 42 East, lying North and West of a line extending from a point on the east line of said Section 17, 1,000 feet North of the southeast corner thereof to a point on the south line of said Section 17, 2,100 feet West of the southeast corner thereof, excepting therefrom all that part of said Section 17 which lies South and West of the northeasterly right-of-way line of Rickenbacker Causeway, which right -of way line is 660 feet northeasterly from and measured at right angles to the center line of said Causeway as the same is now constructed. Outte441 Commence at the Southeast corner of Section 17, Township 54 South, Range 42 East, Dade County, Florida; thence run N 89 degrees 56' 49" W along the South line of said Section 17 for a distance of 2565.05 feet to a point of intersection with a line which is 200 feet Northwesterly of and parallel with the Corporate Boundary of the City of Miami and the Southwesterly prolongation thereof, thence run N 64 degrees 34' 52" E along said line being 200 feet Northwesterly of and parallel with said Corporate Boundary of the City of Miami for a distance of 638.82 feet to a point on a line being 660 feet Northeasterly of and parallel with the centerline of the Rickenbacker Causeway, said line also being a Corporate Boundary of the City of Miami; thence run N 45 degrees 22' 07" W along said Corporate Boundary being a line 660 feet Northeasterly of and parallel with the centerline of the Rickenbacker Causeway for a distance of 1697.97 feet to the Point of Beginning of the herein described parcel; thence continue to run N 45 degrees 22' 07" W for a distance of 200 feet; thence run S 44 degrees 37'53" W for a distance of 200 feet; thence run S 45 degrees 22' 07" E along a line 460 feet Northeasterly of and parallel with the centerline of the Rickenbacker Causeway for a distance of 200 feet; thence run N 44 degrees 37' 53" E for a distance of 200 feet to the Point of Beginning. Containing 40,000 square feet more or less. PRB 3609 pg.1t60 Continence at the S. E. Corner Section 17-54-42, thence run N 89° 56' 49" W along the southerly line of said Section 17 for a distance of 2565.05' to a point of intersection with a line which is 200 feet northwesterly of and parallel with the Corporate Boundaries of the City of. Miami and the Southwesterly prolongation thereof; thence run North 64° 34' 52" E along said line for a distance of 638.82 feet to the point of beginning of the hereinafter described tract; said point also lying on Corporate Boundaries of the City of Miami; thence run N 45° 22' 07" W . along the said Corporate Boundaries, which is 660 feet northeasterly of and parallel with the centerline of the Rickenbacker Causeway for a distance of 1697.97 feet to a point; thence run S 44° 37' 53" W for a distance of 200 feet to ajoint; thence run N 45° 22' 07" W for a distance of 200 feet to a point; thence run North 44 37' 53" E for a distance of 200 feet to a point; said point lying on the Corporate boundaries of the City of Miami (the same being the northwesterly right-of-way of Rickenbacker Causeway); thence run N 45° 22' 07" W along said: northwesterly right-of-way of Rickenbacker Causeway for a distance of 2734.54 feet to a point of curvature; thence run along the arc of a curve to the left having a radius of 2092.40 feet and a central angle of 37°.16' 46" for a distance of 1361.42 feet to a point of intersection with the proposed Bulkhead Line of Virginia Key, (as approved by City of Miami Resolution No. 33127 and Dade County Revolution No. 8108); thence run S 44° 06' 48" W along said proposed Bulkhead Line for a distance of 620.00 feet to a point of intersection with a line which is 200.00 feet northerly of the centerline of said Rickenbacker Causeway; thence run N 89° 06' 48" E along said line that is 200.00 feet northerly of, and parallel with the centerline of said Rickenbacker Causeway for a distance of 138.57 feet to a point of curvature; thence run northeastwardly, eastwardly, and southeastwardly along the arc of a curve to the right, having a radius of 1632.40 feet and a central angle of 45° 31' 05" for a distance of 1296.84 feet to a point of tangency; thence run S 45° 22' 07" E along a line which is 200.00 feet northeasterly of and parallel with the centerline of said Rickenbacker Causeway for a distance of 4465.54 feet to a point of intersection with a line which is 200.00 feet northwesterly of and parallel with the Corporate Boundaries of the City of Miami and the southwesterly prolongation thereof; thence run N 64° 34' 52" E along said line for a distance of 489.37 feet to the Point of beginning. Bearings shown on the above description are based on the bearing of the centerline of Rickenbacker Causeway as shown on the Metropolitan Dade County Bulkhead Line, as recorded in Plat Book 74 at Page 4 of the Public Records of Dade County, Florida. The above described tract contains 61.8 Acres. 1. pg' 376 That portion of the bay bottom of Biscayne Bay lying in Sections 17 and 18, Township 54 South, Range 42 East, described as follows: From the northeast corner of said Section 18 run South 0 degrees 00 minutes, 23 seconds East, a distance of 1749.38 feet along the east line thereof to a point of beginning; thence run North 45 degrees, 22 minutes 07 seconds West a distance of 9.88 feet to the beginning of a curve; thence along a curve to the left having a radius of 2092.40 feet for an arc distance of 1662.29 feet to a point of tangency, said point being on the northerly right of way line for Biscayne Causeway heretofore mentioned; thence run north 89 degrees, 06 minutes, 48 seconds East along the said northerly right of way line for a distance of 130.21 feet to the beginning of a curve; thence continuing along said northerly right of way line run along a curve to the right having a radius of 2951.83 feet for an arc distance of 1751.74 feet to a point of tangency; thence continuing along said northerly right of way line run South 56 degrees, 53 minutes, 06 seconds East a distance of 5100 feet, more or less, to the westerly shore of Virginia Key; thence in a southwesterly direction along the westerly shore of Virginia Key run 1400 feet, more or less, to a point; thence run North 45 degrees, 22 minutes, 07 seconds West a distance of 4700 feet, more or less, to the point of beginning. Said described tract being a portion of the same land heretofore conveyed by The City of Miami to Dade County, Florida, described in deed recorded in Deed Book 2190, page 359 of the public records of Dade County, Florida. EXHIBIT "C-1" TO AGREEMENT BETWEEN CITY OF MIAMI AND MIAMI-DADE COUNTY This instrument prepared by, and after recording retuned to: Henry N. Gillman, Esq. 3071 SW 38 Avenue Suite 526 Miami, Florida 33146 CITY OF MIAMI RELEASE OF REVERSIONARY INTERESTS WHEREAS, The City of Miami, a municipal corporation of the State of Florida (the "City") is the owner and holder of certain reversionary interests (the "Reversionary Interests") in and to those certain parcels of real property more particularly described on Exhibit "A" attached hereto and incorporated herein (collectively, the "Property") by virtue of that certain Agreement between the City and Dade County, Florida (nfk/a Miami -Dade County, Florida) and, The Miami -Dade County Water and Sewer Authority for Transfer of All Water and Sewer Properties, Facilities, Funds and Obligations To The Miami -Dade Water and Sewer Authority dated March 13, 1975; recorded in Official Records Book 8934, at Page 652, of the Public Records of Miami -Dade County, Florida, as amended by that certain Stipulated Agreement between the City and Dade County, Florida (n/k/a Miami -Dade County, Florida) for Entry of Final Judgment dated February 25, 1986, recorded in Official Records Book 12805, at Page 1675, of the Public Records of Miami -Dade County, Florida (the "Stipulated Agreement"); and WHEREAS, Miami -Dade County, the owner of the Property, has requested that the City release the Reversionary Interests and the County's obligations in Paragraph 2(c) of the Stipulated Agreement relating to the Property. NOW, THEREFORE, for Ten Dollars (S10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City hereby releases any and all Reversionary Interests in properties listed on Exhibit "A" and releases the County from any and all obligations required in Paragraph 2(c) of the Stipulated Agreement relating to the Property. IN WITNESS WHEREOF, the City has hereunto set its hared and seal the day of 2004. ATTEST: THE CITY OF MIAMI, a Municipal Corporation of the State of Florida By: Priscilla A. Thompson, City Clerk Joe Arriola, City Manager Approved as to Form and Correctness: Maria J. Chiaro, Interim City Attorney STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The foregoing Release of Reversionary Interests was acknowledged before me this day of , 2004 by , as the City Manager of The City of Miami, and , as the City Clerk of The City of Miami. They are personally known to me or have produced as identification. [NOTARIAL SEAL] Print Name: Notary Public, State of Florida My Commission expires: Commission No.: EXHIBIT "A" TO CITY OF MIAMI RELEASE OF REVERSIONARY INTEREST 1. All of Sections 11, 12 and 14 lying in Township 53, South, Range 39 East (Approximately 1,815 acres). EXHIBIT "C-2" TO AGREEMENT BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY This instrument prepared by, and after Recording returned to: Henry N. Gillman, Esq. 3071 SW 38 Avenue Suite 526 Miami, FL 33146 MIAMI-DADE COUNTY RELEASE OF REVERSIONARY INTERESTS WHEREAS, Miami -Dade County, a political subdivision of the State of Florida (the "County") is the owner and holder of certain reversionary interests (the "Reversionary Interests") in and to the real property known as Miami Marine Stadium and more particularly described on Exhibit "A" attached hereto and incorporated herein (collectively, the "Property"); and WHEREAS, the Property is subject to certain deed restrictions (the "Restrictions") WHEREAS, the City of Miami, the owner of the Property, has requested that the County release the Restrictions and the Reversionary Interests. NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County hereby releases any and all Restrictions and Reversionary Interests in the Property. IN WITNESS WHEREOF, the County has hereunto set its hand and seal the day of , 2004. ATTEST: MIAMI-DADE COUNTY, a Political Subdivision of the State of Florida By: By: Deputy Clerk Mayor Approved as to Form and Legal Sufficiency: , Assistant County Attorney STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE Tne foregoing Reiease of Reversionary Interests was acknowledged before me this day of , 2004 by , as the Mayor of Miami -Dade County, and , as the Deputy Clerk of Miami - Dade County. They are personally known to me or have produced as identification. [NOTARIAL SEAL] Print Name: Notary Public, State of Florida My Commission expires: Commission No.: EXHIBIT "A" TO MIAMI-DADE COUNTY RELEASE OF REVERSIONARY INTERESTS (as depicted in the map attached hereto) Miami Marine Stadium Property • pB 30s0, pg. :129 All that part of Section 17, Township 54 South, Range 42 East, lying North and West of a line extending from a point on the east line of said Section 17, 1,000 feet North of the southeast corner thereof to a point on the south line of said Section 17, 2,100 feet West of the southeast corner thereof, excepting therefrom all that part of said Section 17 which lies South and West of the northeasterly right-of-way line of Rickenbacker Causeway, which right -of way line is 660 feet northeasterly from and measured at right angles to the center line of said Causeway as the same is now constructed. Commence at the Southeast corner of Section 17, Township 54 South, Range 42 East, Dade County, Florida; thence run N 89 degrees 56' 49" W along the South line of said Section 17 for a distance of 2565.05 feet to a point of intersection with a line which is 200 feet Northwesterly of and parallel with the Corporate Boundary of the City of Miami and the Southwesterly prolongation thereof, thence run N 64 degrees 34' 52" E along said line being 200 feet Northwesterly of and parallel with said Corporate Boundary of the City of Miami for a distance of 638.82 feet to a point on a line being 660 feet Northeasterly of and parallel with the centerline of the Rickenbacker Causeway, said line also being a Corporate Boundary of the City of Miami; thence run N 45 degrees 22' 07" W along said Corporate Boundary being a line 660 feet Northeasterly of and parallel with the centerline of the Rickenbacker Causeway for a distance of 1697.97 feet to the Point of Beginning of the herein described parcel; thence continue to run N 45 degrees 22' 07" W for a distance of 200 feet; thence run S 44 degrees 37'53" W for a distance of 200 feet; thence run S 45 degrees 22' 07" E along a line 460 feet Northeasterly of and parallel with the centerline of the Rickenbacker Causeway for a distance of 200 feet; thence run N 44 degrees 37' 53" E for a distance of 200 feet to the Point of Beginning. Containing 40,000 square feet more or less. ORB 3609,pg. :160 Commence at the S. E. Corner Section 17-54-42, thence run N 89° 56' 49" W along the southerly line of said Section 17 for a distance of 2565.05' to a point of intersection with a line which is 200 feet northwesterly of and parallel with the Corporate Boundaries of the City of. Miami and the Southwesterly prolongation thereof; thence run North 64° 34' 52" E along said line for a distance of 638.82 feet to the point of beginning of the hereinafter described tract; said point also lying on Corporate Boundaries of the City of Miami; thence run N 45° 22' 07" W along the said Corporate Boundaries, which is 660 feet northeasterly of and parallel with the centerline of the Rickenbacker Causeway for a distance of 1697.97 feet to a point; thence run S 44° 37' 53" W for a distance of 200 feet to ajoint; thence runN 45° 22' 07" W for a distance of 200 feet to a point thence nm North 44 37' 53" E for a distance of 200 feet to a point; said point lying on the Corporate boundaries of the City of Miami (the same being the northwesterly right-of-way of Rickenbacker Causeway); thence run N 45° 22' 07" W along said northwesterly right-of-way of Rickenbacker Causeway for a distance of 2734.54 feet to a point of curvature; thence run along the arc of a curve to the left having a radius of 2092.40 feet and a central angle of 37°.16' 46" for a distance of 1361.42 feet to a point of intersection with the proposed Bulkhead Line of Virginia Key, (as approved by City of Miami Resolution No. 33127 and Dade County Revolution No. 8108); thence run S 44° 06' 48" W along said proposed Bulkhead Line for a distance of 620.00 feet to a point of intersection with a line which is 200.00 feet northerly of the centerline of said Rickenbacker Causeway; thence run N 89° 06' 48" E along said line that is 200.00 feet northerly of, and parallel with the centerline of said Rickenbacker Causeway for a distance of 138.57 feet to a point of curvature; thence run northeastwardly, eastwardly, and southeastwardly along the arc of a curve to the right, having a radius of 1632.40 feet and a central angle of 45° 31' 05" for a distance of 1296.84 feet to a point of tangency; thence run S 45° 22' 07" E along a line which is 200.00 feet northeasterly of and parallel with the centerline of said Rickenbacker Causeway for a distance of 4465.54 feet to a point of intersection with a line which is 200.00 feet northwesterly of and parallel with the Corporate Boundaries of the City of Miami and the southwesterly prolongation thereof; thence run N 64° 34' 52" E along said line for a distance of 489.37 feet to the Point of beginning. Bearings shown on the above description are based on the bearing of the centerline of Rickenbacker Causeway as shown on the Metropolitan Dade County Bulkhead Line, as recorded in Plat Book 74 at Page 4 of the Public Records of Dade County, Florida. The above described tract contains 61.8 Acres. �$1221, .P6: 376 That portion of the bay bottom of Biscayne Bay lying in Sections 17 and 18, Township 54 South, Range 42 East, described as follows: From the northeast corner of said Section 18 run South 0 degrees 00 minutes, 23 seconds East, a distance of 1749.38 feet along the east line thereof to a point of beginning; thence run North 45 degrees, 22 minutes 07 seconds West a distance of 9.88 feet to the beginning of a curve; thence along a curve to the left having a radius of 2092.40 feet for an arc distance of 1662.29 feet to a point of tangency, said point being on the northerly right of way line for Biscayne Causeway heretofore mentioned; thence run north 89 degrees, 06 minutes, 48 seconds East along the said northerly right of way line for a distance of 130.21 feet to the beginning of a curve; thence continuing along said northerly right of way line run along a curve to the right having a radius of 2951.83 feet for an arc distance of 1751.74 feet to a point of tangency; thence continuing along said northerly right of way line run South 56 degrees, 53 minutes, 06 seconds East a distance of 5100 feet, more or less, to the westerly shore of Virginia Key; thence in a southwesterly direction along the westerly shore of Virginia Key run 1400 feet, more or less, to a point; thence run North 45 degrees, 22 minutes, 07 seconds West a distance of 4700 feet, more or less, to the point of beginning. Said described tract being a portion of the same land heretofore conveyed by The City of Miami to Dade County, Florida, described in deed recorded in Deed Book 2190, page 359 of the public records of Dade County, Florida.