HomeMy WebLinkAboutR-76-0822s
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3b
MEA
8/3/76
RESOLUTION NO.
76-822
A RESOLUTION APPROVING THE AGREEMENT BY AND
BETWEEN THE CITY OF MIAMI AND OMNI INTERNATIONAL
OF MIAMI LTD., AND POPOLOPEN PROPERTIES, INC.,
AUTHORIZING THE CITY TO EXPEND $500,000.
FOR THE CONSTRUCTION OF SUBDIVISION IMPROVEMENTS
IN THE PLAT ENTITLED "OMNI INTERNATIONAL",
AND TO COLLECT SAID SUM PLUS INTEREST FROM OMNI
INTERNATIONAL OF MIAMI LTD. OVER A 10 YEAR PERIOD,
ALL IN ACCORDANCE WITH THE AGREEMENT AND LETTER
AMENDMENTS ATTACHED HERETO AND MADE A PART HEREOF;
AND AUTHORIZING AND DIRECTING THE CITY MANAGER
AND CITY CLERK TO EXECUTE SAID AGREEMENT.
WHEREAS, Section 54-20 of the Code of the City of Miami
requires the construction of certain street improvements in the
City of Miami as a part of the subdivision improvements of the
record plat entitled OMNI INTERNATIONAL; and
WHEREAS, the City of Miami has agreed to construct
said highway subdivision improvements as a City of Miami Highway
Project using Highway Bond Funds; and
WHEREAS, Omni International of Miami Ltd. is the
Lessee of Tract "A" of the OMNI INTERNATIONAL SUBDIVISION and has
agreed to pay the City of Miami the full cost of the project
including incidental expenses; and
WHEREAS, POPOLOPEN PROPERTIES, INC. is the owner of
Tract "A" of the subdivision known as OMNI INTERNATIONAL as
recorded in Plat Book 102 at Page 3 of the Public Records of
Dade County, Florida; and
WHEREAS, Popolopen Properties, Inc. has agreed to
subordinate its fee simple ownership in said subdivision to the
City of Miami's lien as provided in this Agreement; and
WHEREAS, the OMNI PROJECT is necessary fox-t e
“DU ;��lv-11I
revitatlization of Downtown Miami; and
ITEM NO.
WHEREAS, this Agreement is necessary for the
continuance of the OMNI PROJECT;
"SUPPORTIVE
DOCVENTS
FOLLOW"
?'U
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NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
Section 1. The Agreement by and between The City of
Miami and Omni International of Miami Ltd., and Popolopen
Properties, Inc., authorizing the City to expend $500,000
of its bond funds for the construction of subdivision improvements
in the plat entitled "OMNI INTERNATIONAL" and to collect said
sum plus interest from Omni International of Miami Ltd. over a
10 year period, all in accordance with the agreement and letter
amendments attached hereto and made a part hereof, be and the
same is hereby approved.
Section 2. The City Manager and City Clerk are hereby
authorized and directed to execute said Agreement.
PASSED AND ADOPTED this 23rd day of September
1976.
MAURICE A FERRE
MAYOR
TEST:
RALPH G. ONGIE
CITY CLERK
PREPARED AND APPROVED BY:
r
MICHEL E. ANDERSON
ASSISTANT CITY ATTORNEY
APPROVED AS TO FO AND CORRECTNESS:
FRANK H. WESTON
ACTING CITY ATTORNEY
1tSI1PPORTI\lE
1
�I
.;
�. .- E. t M i
2.
AGREEMENT
TI-IIS AGREEMENT made this X day of
CI t
19'%5, by and between The City of Miami, a municipal corporation
Of the State of Florida, hereinafter called "CITY", Omni
International of .Miami Ltd., a Florida limited partnership herein-
after called "OMNI" and Popolcpen Properties, Inc., a Delaware
Corporation not for profit, hereinafter called "POPOLOPEN";
W ITNESSET H:
TFgc; `'fi"oF 1-•
WHEREAS, "POPOLOPEN" is the owner o`.,\the subdivision
known as OMNI INTERNATIONAL as recorded in Plat Book 102 at Page 3
of the Public Records of Dade County, Florida; and
WHEREAS, "POPOLOPEN" has agreed to sebordinate its fee
simple owr.'.rship in said subdivision to the "CITY'S" Lien as provided
in this A rr_ _el ant; and
YY:IEREAS, Section 54-20 of the Code of the "CITY" requires
the ccnstruCt;on of certain Street improvements in the "CITY" as
a part of the subdivision improvements of the record plat entitled
OMNI INTERNATIONAL; and
WHEREAS, the "CITY" has agreed to construct said highway
subdivision improvements as a "CITY" Highway Project using Highway
Bond Funds; and
T F_ fj c T "t ` o
WHEREAS, "OMNI" is the Lessee ofnthe OMNI INTERNATIONAL
SUBDIVISION and nas agreed to pay the "CITY" the full cost of the
project including incidental expenses:
NOW, THEREFORE, in consideration of the premises and of
the mutual benefits to accrue to each or the parties hereto, it is
mutually agreed as follows:
"SUPPORTIVE
DOCUM ENTS
INITIALED FOR
IL'ENTI' I.ATU211
the
T:.a "C...! Y" to awj ar:1 a cet.trat, af
i_^.. i _tr_. J
L thoe.
i_ r which "C�..:(L" is r. spo'1:::_ '... i..-::cor(4atc = with
is c:._ Pcifica i.cns pT=;gar for "0:`_i1" by ?ur,de and
Inc. to ccc tt. $500,00 .C' .
1 . i 1
2. The."CI." will S�aV IIpL'•�;L11 a....Lal t _i. it..Ltidii.0
the c .nual payment phis accrued iin `•- res _ d3 pig..: i.ded herein.
bi_l s...a! L be srit to "O:•:NI" no i'_'ss then thirty (30) days- prior to
its du- dr;te. If a.^.d `=J'P1._ the "CITY" fails to furnish said
l• ♦- ' Y t. (30) days r }' due
date L ' r. 'be
bill within t_hl��: �:3�s prig o its d _ cis__ i� shall
paid within thirty (30) days after it is sent.
3. If 11 n_+"
L.'�i l iai1S
t�
the annual bill within the.
time period provided, the "CITY" stall send written notice of the
Ceo3i�l t tO ntC? LOaE' "P C?T P:N" shall have thirty 30) days to
curt sa:;.~d:.?fault prior to the "CITt'S" exercising any of its rights
under _ .....�.^.�.
IT - C'.'_ I R S?C:;3yiLlir7.3
1. "p}IwI" agrees to pay the "CITY" the full cost of
this project including incidental expiprses in equal annual installments
ir. eaeh of the tin (10) succeeding years with interest upon such
installments at the rate of five (5%) percent per annum payable
annually beginning one year from the date the City Commission
acce7tts the project a.id authorizes final payment to the Contractor
by Resolution,
adjust-?.
at which time the ;mount of the lien will be
2 1, . 11 res.P v �+ hthe "CITY" the
... O;C�I � rres t..:, right to pay
total ba'_anee owed at any time provided "C.1NI" also pays the
_.nte-_t up to the date of full payment.
"` I J i-.) P O T I f F
1) -)(i \f11-11tiT").
SECTION III - PLACEMENT OF LIEN ON PROPERTY
"OMNI" and "POPOLOP EN" agree and hereby authorize the
"CITY" to place a lien on all property covered byr, the subdivision
entitled O:•`NI INTERNATIONAL as recorded in Plat Book 102 at Page 3
of. they Public records of Dade County, Florida. It is expressly
understood that "POPOLOPEN" has joined in this Agreement for the
purpose of subordinating its title to the "CITY" lien.
This lien will be placed against said property on the
execution of this Agreement by all parties and is for the full
amount of the final construction cost of this Project, including ll
incidental expenses plus interest as provided herein. S-l4��i
2.fU,.S,vt.�cg»k
This lien is of the same nature and to the same extent
as the li 2n for ad valorem taxes and shall be collectible in the
sae manner and with the same penalties and under the same provisions
as to sale and forfeiture as ad valorem taxes are collectible. In
th v� native, collection of such lien or this Agreement may be
made by the "CITY" by a proceeding in equity to foreclose_ the lien
as a lien for mortgage or it may be foreclosed or collected under
any other laws of the State of Florida.
Failure to pay any _installment on this lien when such
installment shall become due, shall without notice or other
proceedings, cause all installments remaining unpaid to be forthwith
due and payable with interest thereon at ten (10%) percent per anrum.
SECTION IV - GENERAL PROVISIONS
A. This contract may be simultaneously executed in
several counterparts, each of which so executed shall be deemed to
be an original.
:•.c.i:':r.a ?: , :;42enrd Paragraph of Pere Three
!t kTS!nctl and :,reed, however, that in no event 1k",
the title of Popolopen be subordinate to a total amo
I:: c•-:ce ss of $ GUO, 000.
„SUP' JRT VE 3.
DOCULVtL.1\!'7a
FOLLOW,
i
Emil II I III IIIAIrIldgrnnl 111111111
All words Iised herein in the singular form shall
sxt n..(: to and include tll'.'. plural. A1.1 worci:i usea in the plural
extnd to aria ir_clud:, the sin:iiular. All words used
Lit airy e..f'I/d to ai c1 i.nt.:ludo: all genders.
C. The rights, benefits, covenants and obligations
here_ shall inure to the bcn,..fit .of and he binding upon the
sur"ce,,:2:7,rs and assigns of r:'_'cll of the parties hereto, respectively.
D. The parti:s agree that this contract shall be
cons _,.-d in accordance with the law of the State of F1.crid;.
E. The captions contained in this Agreement arc insert_,
only. E. matter of ccinvc?niien e and for r 'fcrcnco and in no way
define, limit or prescribe the scope of this Agreement ent or the intent
of ahy provisions thereof.
•F. Notice as provided or r_c:;uirca herein sh .1l be
Se: : c_=i__rC1:i± to Wi'"CITY" CO Director of the Department
c_ .. the C1t" OF 331 P n ,7'.m,,ricar, Drive,
,
:•::.K?... , . _ori.da, 33133, to "on: I" c/o in er:._.t c.n.-.l City Corn. -..:a -ion,
At rn --_ci z,e1 Natbonl., General Counsel, 400 South/0'~.:i1 Ir .ernatic:iaL
G,•o fgia 30303, and to "PO?OLOPEN" c/o The Ford
Ft;u::d t' cn, Attention Office of Finance, 320 East 43rd Street, New
York City, New York, 10017, with a copy to R.S. Sweet Associates,
P. 0. Box 249, King of Prussia, ':`'ennsylvaI:ia, 19406, or such other
person meson as the Parties may designate from i:ime to time. Such notice
shall b deem `.1 to be effective upon mailing.
G. In the event it is deemed necessary by the "CITY"
tc file a la:: suit in the appropriate Court of law to enforce anv of
the . 'r . ,; a—ld conditions of this Agreement or to collect any
or :. u:::s due hereunder, then, and in that event, ' "O 2 I" agrees
that it shall pay to the "CITY" reasonable attorney's fees.
WE
.� t 1
:_It`
IN WITNESS WHEREOF, the Parties hereto have individually
aft,i through their proper corporate officials executed this Agreement
the day and year first above set forth.
AT T T :
•
•
ATTEST:
City Clerk
OMNI INTERNATIONAL OF MIAMI, LTD.
By: OMNI INTERNATIONAL OF MIAMI, INC.
General Partner
POPOLOP'EN PPOPERTIES, ,I�1C. , a Delaware
corpor.#i^
i
By:
THE CITY OF MIAMI, a Municipal corporation
of the State of Florida
By:
APPROVED AS TO CONTENTS:
Direw_cr, Department or Public Works
APPROVED ED AS TO FORM AND CORRECTNESS;
CITY AT:OR:;EY
DOC.; VA/1 N
F O 1 I ow"
City Manager
•
5.
STATE O= FLORIDA)
ss:
CO'.; T? OF DADE )
I, an officer authorized to take acknowledgments,
hereby certify that on this day of
197E, personally appeared before me Joseph R. Grassie and
Ralph G. On;ie, known to me to be the City Manager and the City Clerk
r_es:;ect?vely of the City of Miami, a municipal corporation in and
under the laws of the State of Florida, and known to me to be the
persons who executed the foregoing instrument, and they severally
ac•:ncwl`dged the execution thereof to be their free and voluntary
act and deed as such officers, for the uses and purposes therein
expressed, and that they affixed thereto the official seal cf the
s=ld -:unicioel corporation, all by and with the authority of
law and of the City Commission, and that the said instrument is the
free and formal act of the said municipal corporation.
t' IMESS my hand and official seal in said County and
the day and year last aforesaid.
Notary Public, State of Florida at Large.
My Commission Expires:
',731 1 C 1 'Y E
DOCU ENFS
FOLLOW"
S,
STATE OF F�-.1:""rJ"z)
PutooM SS:
CO:T`i OF DAD )
I, an officer authorized to take acknowledgments,
hereby certify that on this /4,yday of
1975, personally appeared before me l.�''zAq 4 P) 9,„
and 27214G known to me to be `he, President
14 aNc
anonSecretary of O 4NI INTERNATIONAL OF MIAMI, INC., the General
Partner of O'I INTERNATIONAL OF MIAMI, LTD., and known to me to
be the persons who executed the foregoing instrument, and they
severally acknowledged the execution thereof to be their free
and voluntary act and deed as such officers, for the uses and
purOOSeS therein expressed, and that they affixed thereto the
official seal of the corporation all by and with the authority
of the said corporation, and that the said instrument is the
free and formal act of said corporation.
WITNESS my hand and official seal in said County
and State day and year last aforesaid.
_t3�_- the
Not : y Public,
Nebr./ Public, Georgie, State at tire*
My Commission E.zpiras Auk.20.1977
"SUPPORTIVE.
DOCU M E NS
FOLLOW,
RR IIii�l��ilillpl
TATE OF /_ _ /%
CDUNTY OF
I, an officer authorized to take acknowledgments,
• herelzy certify that on this < �- day of�.-
1973, personally appeared before me
ani known to me to be the President
and Secretary of POPOLOPEN PROPERTIES, INC., a Delaware
Corporation, and known to me to be the persons who executed the
foregoing instrument, and they severally acknowledged the execution
thereof to be their free and voluntary act and deed as such
officers, for the uses and purposes therein expressed, and that they
affixed thereto the official seal of the corporation_ all by and
wi the authority of the said corporation, and that the said
instrument is the free and formal act of said corporation.
WITNESS my hand and official seal in said County
and State the day and year last aforesaid.
"SUPPORTIVE
DOCUMENTS
FOLLOW"
•.
i
,' r'., -r�
NINA CLAIRE WALSH
Notary Pl':.`iic. St •to e'f New York
NO. i', •4')22020
Qualifi,:,d rn fd,w Y.)rk County
C�mrr r,:,•,n E'A..cs March SO, 1976
1 9" 111111 r11111P1 Dl"II'I III1IrIIpI . WRII II
The Per] iaun,..iat±on
� C Est 43rr1 S -re: t
?D k, .C..t.. `fork 10017
Morgan Guaranty Trust COr pa:i c=
N,-3w York
57 Wall Street
New York, ','_.. York 1001
The Equitable Life Assurance Society
of the United States
1285 A:: r:ue of the i ==ricers
New York, New VOL:;130L9
Re. C .ni International nai :4izI-;.L
Tri t r '`. :c: 1 ti' cCi:iz ?`. :v L`ii r=.'_ ;cect to Street I.:l : o' ements
Zatrnaticri t of M:.ami, Ltd. and Ti3 city cf
Jul, 8, 1973.
In cc:- _ _.. _.. .. of your 1t ., i t t:7
s:at c:i of the City's ' . .
:, t:.'.'. lr_...L. ^=:r�:J��'3_�--c")'� t:. :t if and in t%.. cs-'e:-:t
to r..a..> anr:u_.l psyr..:?r_to as re:.iired the City s..211 send you
written notice of the 1:.,,,Lau1t in accord.an',,:e isi.'7 s
of Scc`.ior, 1, = araGraph 3 Of the above caption -ad , t.
J RG,'MEA,r's
Very truly ';curs,
JOSEPH R. GP :SSI
CITY :•al2i.^3ER
"SUPPORTIVE
L; RT!VE
the Ford Foundation
'320 East 43rd Street
New York, New York 10017
Morgan Guaranty Trust Company
of New York
37 Wall Street
New York, New York 10015
The Equitable Life Assurance Society
of the United States
1285 Avenue of the Americas
New York, New York 10019
The City of Miami
Attn: Paul W. Andrews
City .tanager
3500 Pan American Drive
Miami, Florida 33133
O:.ni International Miami
That Certain Agreement with respect to Street Improvements
between Omni International of Miami, Ltd. and The City of
Miami dated July 4 , 1975.
GentleTcn:
We, it^. Guaranty Trust Company of New Yor?: and The Ford Founda-
tion arr, respectively, the holders of the first and second mart-
yagcs and the third mortgage on the Omni internatio::_.l Mimi pro-
ject and ha'.e p: c'+ iously consented Lo the en'.:Ering into of the
agreement rci"_'rc:Iced above. It is our under ntundin_ that the
City Commission will not enter into the above captioned agreemen
until this letter has be'sn signed b; proper representatives of The
Ford Foundation, Morgan Guaranty Trust Company of New Yor'.-: and The
E.uitdb1e Life Assurancc Sociry of the United States. Therefore,
in furtherance of they Omni International Project we hereby agree
not t t tstatedr of thelienthe Agreement as
._U CUi,tnJ%. ..h�' priority `.... in _
eciuivalcnt to a lien for ad valorem taxes in any action taken by
us, res;p_:ctively, with respect to said mortgages.
The Equitable Life Assurance Society of the United States joins it
the :signing of thl.s letter for the purpose of consenting hereto and
for the purpose of ayreeina to be bound by the provisions hereof
ao•>> ica bJe to the holder of tii_ first and second mortgages in the
event Equitable shall SUCC<_od to its position by purchase and
assign:7.cnt or otherwise.
--
i VILI\
FOLLOW
Attest:
Very truly yours,
Holder of the First and ,Second Mortgage
Morgan Guaranty Trust 'Cc::pany of New York
By:
Trigg"so P!!!I II'Ifl1CII
Attest:
Molder of the Third Mortgage
The Ford Foundation
13y:
The Equitable Life Assurance Society or
the United States
'he Ford Foundation
320 East 43rd Street
New York, New York 10017
Mo.tgan Guaranty Trust Company
of New York
37 Wall Street
New York, New York 10015
The Equitable Life Assurance Society
of the United States
1285 Avenue of the Americas
New York, New York 10019
The City of Miami
Attn: Paul W. Andrews
City Manager
3500 Far: Aierican Drive
Miami, Florida 33133
Re: Omni _International Miami
That Certain Agreement with respect to Street Ir:mprovements
between Omni International of Miami, Ltd. and The City or
Miami dated July 3, 1975.
Gentlemen
We, Mona:: Guaranty Trust Company of New York and T h2 Ford Founda-
tionrespectively, 'h e L e_ tfirst 7 second tlon �� _ , the holders of �h� a;...� Jtil',0:.�. mort-
gages
and the t :_rya mortgage cn the Omni In ernation-L \t;1mi rc-
ject and have previously consented to the entering into of
e ncQ 7 bdc• st .di ,_L. L the
agreement ^r. r�_�t r�=- _ � above. it is our u:-� �� _ar - �....
City Cc ._.._:JJ_or: Sr _ 11 not enter into the ate:. : c captioned aureem --.
until this letter h i been signed bv trope ' represe:`:ati`:es o: The
Ford Foundation, or ^.an Guaranty Trust Ccm eanv of • York and, The
Equitable Life Assurance Society of the United States. Therefore,
in furtherance a. the Omni International Project we hereby acre'
not to contest the stated criority of the lien in t.o agreement as
equival_nt to a lien for ad valorem taxes in any action, taken by
us,respectively, with respect to said mortgages.
The Equitable Life Assurance Society of the United States joins in
the signing of this letter for the purpose of consenting hereto and
for the purpose of agreeing to be bound b'.' the provisions hercc
apDl lca_b) e to the holder of the first and second mortgages in the
event Equitable shall succeed to its position by purchase and
assignment or otherwise.
Attest:
"nipVery truly yours, i n v E Holder of the First and Second Mort^,ac-e
Guaranty Trust Ccrrpany of '_Ur
0cLmf; Jv Morgan.
rou �:I v� • By:
•i
Attest:
•
*Attest
r .
•
Holder of the Third Mortgage
The Ford Foundation
By:
The Equitable Life Assurance Society cf
the United States
/
By:
NO
-
.The Ford Foundation
320 East 43rd Street
New York, New York 10017
Mbrgan Guaranty Trust Company
of New York
37 Wall Street
New York, New York 10015
The Equitable Life Assurance Society
of the United States
1255 Avenue of the Americas
New York, New York 10019
The City of Miami
Attn: Paul W. Andrews
City Manager
3500 Pan American Drive
Miami, Florida 33133
Re: Omni International Miami
That Certain Agreement with respect to Street Improvements
between Omni international of Miami, Ltd. and The City of
Miami dated July 8, 1975.
Gentlemen:
We, Mo .n Guarantv Trust Co piny of New York and The Ford Foun Z-
tio i arc, respectively, the holders of the first and second mort-
gages and the thud mor tga .ie on the Omni International_ Miami pro-
ject and have pre 'tously con entei' to the entering into of the
agreementY referenced above. It is our understanding that the
City CG:-_ i 5i0r'. will not enter into the above captioned agreement
until this letter has been signed by proper representatives cf The
Ford Foundation, :organ Guaranty Trust Company of New York and The
Equitable Life Assurance Society of the United States. Therefore,
in furtherance of the Omni International Project we hereby agree
not to contest the stated priority of the lien in the Agreement as
equivalent to a lien for ad valorem taxes in any action taken by
us, res: ectively, with respect to said mortgages.
The Equitable Life Assurance Society of the United States joins in
the signing of this letter for the purpose of consenting hereto and
for the purpose of agreeing to be bound by the provisions hereof
applicable to the holder of the first and second mortgages in the
event Equitable shall succeed to its position by purchase and
assigr;:ent cr otherwise.
ry truly
"SUPPO �TlVVelrer of the First and Second Mortgage
DOCUIAI~ I VTSry` n Guaranty Trust Company of New Fork
4
FOLLOW" BY:
Attest:
yours,
Attest:
a
Ho1dee of the Third M0rtge
g
The Ford Eoundatioh`,BY: qJi
The equitable Life Assurance
States
of
the United
gy
rr "
�1I ••
CITY OF MI:Y-11, FLO RItA
INTER -OFFICE MEMORANDUM !7,6 SEF 15
NI10: 5$"
TO
FPOV
Joseph R. Grassie
City Manager
3--;Qt
Frank H, Weston
Acting City Attorney
DATE
St-
September 14, 1976
FILE
OMNI INTERNATIONAL
Agreement for Street Improvement
REFEP=".ZES.
ENCLOSURES.
The above captioned Agreement together with the Resolution
authorizing same has been forwarded for inclusion on the
September 23rd City Commission Agenda.
The Attorney for OMNI INTERNATIONAL is flying in to attend
the meeting and would appreciate knowing approximately what
time this item will be scheduled.
Le-
EZ