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Home My WebLink AboutR-78-0423r RESOLUTION NO, 7 8 4 2 8 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY D.M.P. COMPANY AT A TOTAL COST OF $400,648.54 FOR THE WYNDWOOD PAVING PROJECT- PHASE II (BID A & B - HIGHWAYS & DRAINAGE) WYNDWOOD SANITARY SEWER MODIFI- CATIONS - PHASE II (BID C - SANITARY); AND AUTHORIZING A FINAL PAYMENT OF $54,844.34 WHEREAS, there exists a contract dated June 22, 1978 between the City of Miami and D.M.P. Company; and WHEREAS, the work has been satisfactorily completed, and D.M.P. Company has furnished the required documents certifying that all bills for labor and materials have been paid in full in connection with the aforesaid contract; and WHEREAS, the City Manager and the Department of Public Works recommend that the completed work be accepted and final payment made to the contractor; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The completed work performed by D.M.P. Company for WYNDWOOD PAVING PROJECT - PHASE II (BID A & B - HIGHWAYS & DRAINAGE) and WYNDWOOD SANITARY SEWER MODIFICATIONS - PHASE II (BID C - SANITARY) at a total cost of $400,648.54 "DOCUMENTJ.NDEX is hereby approved. Section 2. The proper officialVEM• 6.3 y -off'-Miami are hereby authorized to pay $54 , 84 4. 34 to D.M.P. Company as full and final payment for all work performed and all materials furnished in connection with WYNDWOOD PAVING PROJECT - PIIASE II (BID A & B - HIGHWAYS & DRAINAGE) and WYNDWOOD SANITARY SEWER MODIFICATIONS - PHASE II (BID C - SANITARY) , PASSED AND ADOPTED this 22 day of JUNE , 1978. RA PH G, ONGIE, CITY CLERK PREPARED AND APPROVED BY: e()(tia . 17, RT F. r Cl. A fir, An IY rJT CITY ATTORNEY MAURICE A. FERRE ICE A. FERRE, M A Y O R ED AS TO FORMCORRECTNESS: GI',OR I� • �.11�):`., CITY �ATTORNEY 1 78- 423 7C: Ft:ott, CITY OIL MIAM1. FLORIDA INttR.e5P =ICE IAWYloRANf3UM Joseph R. Crassie City Manager Richard Fostnoen 11' Assistant City Manager bAtE sl)[1JtCr: pl-r.rryl"P.CtC June 16, 1578 kILt: Re=hegotiatiois with Monty Trainer (Bayshore Properties, Inca) 1:NcLosurtt, Copy of Resolution By Motion No. 78-346 the City Commission authorized the re -negotiation of the Schedule of Payments portion of the City's agreement with Monty Trainer (Bayshore Properties, Inc.) in connection with the purchase of the Miley Property over a period of nine (9) years. pursuant to that Motion, two meetings were held, one on June 1st, 1978 with Mr. Trainer and Mr. David Block, his attorney, and the second meeting on June 14th with Mr. Block only. I represented the City at these meetings, and the Finance Department was repre- sented by Mr. Donal R. Stewart, Property Manager. At the June 1st meeting, Mr. Trainer submitted a proposal in which he would pay to the City in the next nine years, the total of $1,163,500.00 that is due Mr. 0.B. Miley in the following manner: YEAR 1978 1978 1979 1980 1981 1982 1983 1984 1985 1986 CURRENT SCHEDULE OF MAXIMUM LOAN ADVANCED TO CITY, REQUIRED OF BAYSHORE PROPERTIES, INC. 160,000 30,000 152,000 145,000 139,000 131,000 125,000 117,000 112,500 52,000 PROPOSED SCHEDULE $ 90,000 120,000 120,000 140,000 140,000 130,000 130,000 130,000 163,500 TOTAL $ 1,163,500 $ 1,163,500 -- - a'=;ter, ; - V/7 MIIMMIt momm Miff M June 16, 1918 Joseph Ra Grassi, City Mdhaget Memorandum page 2 of 3 continued Mr. Trainer also submitted the following which reflects the amount of money that will be spent in renovating and repairing the demised premises; New Roof for Restaurant New Roof for Raw Bar ▪ New Fire Prevention Waterline for Docks (Required by City) 12,000 5,500 15,000 Construction of New Lounge Area for Greater Seating to Qualify for Liquor License 100,000 ▪ Landscaping, Lighting, etc. to meet City Requirements to 100,000 ▪ New Air Conditioning for Restaurant 30,000 TOTAL IMMEDIATE CASH OUTLAY $ 262,500 Obtain Parking It was pointed out to Mr. Trainer that he had not kept up his rent and other payments to the City, and until he was current with these payments, no presentation would be made to the City Commission. It was further discussed that a penalty payment would be levied if the New Payment Schedule was accepted on the difference between the revenue received and the payment due to Mr. 0.B. Miley. The percentage agreed upon was 6.5% per annum. It was agreed that a late penalty clause would be inserted in the Lease of 5% if any rent or other payment was not received within ten (10) days after receipt of notice, and an additional 57 if the amount past due went thirty (30) days delinquent exclusive of the re -adjustment of the annual payments due. It was determined that the difference between the amount of revenue received and the payment due to 0.B. Miley is One Hundred Thousand ($100,000) Dollars for the year 1978; Thirty -Two Thousand ($32,000) Dollars for the year 1979; and Twenty -Five Thousand ($25,000) Dollars for the year 1980. Therefore, on or before May 14, 1981, Bayshore Properties, Inc., will pay to the City the penalty payment of Twenty -Nine Thousand Seven Hundred Fifteen ($29,715) Dollars. All terms were agreed upon. Therefore, it is recommended that the Schedule of Payments as submitted, plus the penalty payment, plus the late penalty clause be approved 11( Attie 160 1978 Joseph R: Grassie, City Manager Memorandum page 3 of 3 continued • and made part of the Lease Agreement between the City of Miami, and Bayshore Properties, Inc.. RF:DRS:et attachments: as stated cc's: Mr. James E. Gunderson Director of Finance George F. Knox, Jr. City Attorney Howard Gary, Director Management & Budget IMF AMENDMENT TO AGREEMENT THIS AGREEMENT, bearing the date of 1978, and entered into, on the dates respectively shown below, by and between the City of Miami, Florida, (hereinafter referred to as "CITY"), and Bayshore Properties, Inc., a Florida corporation (hereinafter referred to as "COMPANY"), amends an existing agreement bearing date of June 1, 1977. WHEREAS, the CITY and BPI entered into an agreement pursuant to Resolution No. 77-462 for the rental of real property located at 2560 So. Bayshore Drive, effective June 1, 1977; and WHEREAS, said agreement provided that it should be amended only upon written consent of both parties thereto; and WHEREAS, both parties are desirous of amending said agree- ment; and WHEREAS, the City Commission, pursuant to Resolution No. , authorized the City Manager to amend existing lease agreement in accordance with the terms set out below; IN CONSIDERATION of the mutual covenants and agreements here- inafter set forth, and for and in consideration of other valuable consideration, the parties hereto covenant and agree as follows: 1. Both parties agree to amend the payment schedule of the existing lease (Paragraph Seven) in accordance with the following: CURRENT PAYMENT SCHEDULE OF MAXIMUM LOAN ADVANCED REQUIRED OF BAYSHORE PROPERTIES, INC. YEAR 1978 $ 160,000 $ 90,000 1978 30,000 1979 152,000 120,000 1980 145,000 120,000 1981 139,000 140,000 1982 131,000 140,000 1983 125,000 130,000 1984 117,000 130,000 1985 112,500 130,000 1986 52,000 163,.500 PROPOSED PAYMENT SCHEDULE TOTAL $1,163,500 $1,163,500 2. The COMPANY agrees to pay to the CITY, as penalty six and one-half (5.5%) percent per annum of all monies advanced by the CITY above the amount received from the COMPANY as revenue, and the amount due to Mr. 0. B. Miley, Trustee of subject property,in accordance with the Final Judgment of Case No, 77,=15942, City of Miami, Florida vs. O.B. Miley, Trustee (there shall be no pre -payment penalty). 3. The COMPANY agrees to pay to the CITY, on or before May 14, 1981, the penalty payment of TWENTY-NINE THOUSAND SEVEN HUNDRED FIFTEEN ($29,715.00) DOLLARS. 4. The COMPANY agrees to pay a late penalty of five (5%) per- cent on the amount due on any rent if same is not paid within ten (10) days after receipt of invoice, or ad valorem taxes that have not been paid by May 31 of the tax year exclusive of the annual payments as recited hereinabove. The COf;.PANY will be assessed an additional five (5%) percent penalty if payment is not'received within thirty (30) days. IN WITNESS WHEREOF, the parties hereto have caused this instru- ment to be executed in their names by the persons hereto legally . qualified and authorized, all as of the day and year herein before just above written. ATTEST: CITY CLERK PREPARED AND APPROVED BY: In TERR V, PERCY ASSISTAN CITY ATT RNEY THE CITY OF MIAMI, a municipal corporation. By CITY MANAGER BAYSHQRE'PROPERTIES, INC., APPROVED AS TO FORM AND CORRECTNESS; / �, - GEORGE F, KNOX, JR,, CITY ATTORNEY PRESIDENT -- 11 TO: Joseph R. Grassie City Manager • r -n�a.William E. Parkes Director Department of Public Works June 22, 1978 B4407 WY1DWOOD PAVING PROJECT B=5425 PHASE II (BID A & B - HIGHWAYS & DRAINAGE) WYNDWOOD SANITARY SEWER MODIFICATIONS - PHASE II (BID C SANITARY) D.M.P. Company has completed the project consisting of constructing approximately 1.2 miles of streets including rebuilding asphaltic pavement, new curbs and/or gutters, valley gutter, sidewalk, french drain and covered ditch drainage systems, landscaping and sanitary sewer modifications. The projects are located between N.W. 29-35 Streets and N.W. 2-6 Avenues. The original contract amount was for $448,198.40, but the completed contract amount is $400,648.54, and it was completed on time. It is now in order for the Commission to accept the completed work and authorise final payment, after all conditions are met. THE DEPARTMENT OF PUBLIC WORKS RECO1MENDS THE ADOPTION OF A RESOLUTION ACCEPTING THE COMPLETED WORK AND AUTIIOR- IZING A FINAL PAYMENT OF $54 , 844. 34 TO D.M.P. COMPAN" FOR WYiIDWOOD PAVING PROJECT - PHASE II (BID A & B - HIGHWAYS & DRAINAGE) WYiIDWOOD SAIITARY SEWER I4ODIFI- CATIONS - PHASE II (BID C - SANITARY) . MEM MEM JOE..NAME...... CONTRACTOR JOB SCOPE REASON FOR_WORK SOURCE OF FUNDS PROJECT HISTORY CONTRACT TIME STARTED CONTRACT TIIME SCHEDULED COMPLETION DATE ACTUAL COMPLETION DATE • BID AMOUNT CONTRACT FINAL COST CURRENT ITEM FOR CONSIDERATION PTNAD COtv$'i tUCTIOri FACT S 'ART rop_vt tlA IACEf Wyndwood Paving Pro,j ect Phase II (Did. A - 'ter ;c Did D Drainage) n-44O7 WW yndtrcod Sanitary Sewer Modificaticns Phase II (Bid C .: Sanitary) 8=5425 D.M.P. Corporation Construct approximately 1.2 miles of streets including rebuilding asphaltic pavement, new curbs and/or gutters, valley gutter, sidewalk, French Drain and Covered Ditch drainage systems, landscaping and sanitary sewer modifi- cations located between N.W. 29-35 Streets and ii.fi';. 2-6 Avenues. Deteriorated pavement due to heavy on street parking & numerous drainage problems. Highway Improvement Bond Funds Storm Sewer Bond Funds Community Develcrment Program Bids Received: 2/2/77 Contract Awarded: 3/24/ 7 7 Preconstructicn ?'eeting: 4/26/77 9/19/77 180 Working days 6/7/78 4/13/78 $448,198.40 Resolution to accept completed work and authori2e final payment to the contractor. IBM MMW MMM