Agreement
AGREEMENT
THIS AGREEMENT is made in lieu of condemnation by and
between the CITY OF MIAMI BEACH, a Florida municipal corporation,
hereinafter referred to as "CITY", and the BELCHER OIL COMPANY,
a Florida corporation, having its principal place of business
in Miami, Dade County, Florida (hereinafter referred to as
"BELCHER") .
WIT N E SSE T H :
The parties hereto for and in consideration of the sum
of $10.00 and other good and valuable consideration, the receipt
of which is hereby acknowledged, covenant and agree as follows:
1. BELCHER agrees to sell and the CITY agrees to
purchase certain real property situated in Miami Beach, Dade
County, Florida, more particularly described in Exhibit "A"
attached hereto and incorporated herein by reference, together
with all of BELCHER's right, title and interest to certain
easements more particularly described in Exhibit "B" attached
hereto and incorporated herein by reference and the improvements
thereto presently existing except certain tanks and racks re-
ferred to below. Seller shall convey said interest by warranty
deed.
2. The time of closing shall not be later than 120
days from the date this Agreement is executed by the last party
to sign same. BELCHER shall at its cost and expense remove ten
existing oil storage tanks from subject property together with
two loading racks. However, BELCHER shall not be required to
remove any foundation, slab or piling upon which said tanks or
loading racks rest. In the event that said tanks and loading
racks have not been removed before the time of closing, CITY
shall deposit into the escrow account of S. Z. Bennett the sum
of Three Hundred Fifteen Thousand Four Hundred Dollars ($315,400)
which sum is included within the gross purchase price, to secure
the removal of said loading racks and oil storage tanks. Said
sum shall only be disbursed when the removal of said tanks and
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
loading racks has been accomplished and such is certified to
the escrow agent or the escrow agent determines of his own
accord that said tanks and racks have been removed. Other
than such area as may be necessary to remove said tanks and
racks, if same have not been removed by closing, possession
shall be delivered at closing.
3. CITY agrees to pay BELCHER as follows: One
Million Nine Thousand Six Hundred Dollars ($1,009,600) at
time of closing as compensation for the real estate and im-
provements to be transferred; and an additional sum of Three
Hundred Fifteen Thousand Four Hundred Dollars ($315,400) as
compensation for removing certain property identified as
Exhibit "C" attached hereto. Said sum of $315,400 to be paid
at the time of closing or at such time as ten oil storage
tanks and two loading racks presently existing on the subject
property have been removed, whichever is later; said sum to
be placed in escrow with S. Z. Bennett at time of closing if
said tanks have not been removed prior to closing.
4. BELCHER shall at its expense, furnish to CITY a
correct abstract of the subject property.
5. BELCHER shall assign its contract with the
Florida Department of Transportation for parking near the
demised premises to the CITY at the time of closing.
6. Other than the items listed in Exhibit "C",
BELCHER shall convey to CITY all permanent improvements cur-
rently existing upon said property. All personal property,
including but not limited to bins, shelving and non-permanent
fixtures currently located on the premises shall remain the
property of BELCHER.
7. Taxes shall be prorated at the time of closing
based upon the 1978 tax bill, and re-prorated upon the issuance
of 1979 tax bill.
8. The cost of documentary stamps shall be borne by
BELCHER. Cost of surtax stamps and recording shall be borne by
CITY.
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
9. The CITY agrees to lease to BELCHER the right
to use a portion of the bulkhead abutting said property for the
purpose of docking its barges or tugboats. Said lease shall
be substantially in the form attached hereto as Exhibit "D".
10. This Agreement has been negotiated under threat
of, and in lieu of, the exercise by the CITY OF MIAMI BEACH
of its powers of eminent domain, said intent to exercise its
power being evidenced by its Resolution No. 78-15528 duly
passed by the CITY at a regularly called meeting held on 18
January 1978. The compensation to be paid from CITY to BELCHER
pursuant to this Agreement is the sole consideration for the
undertaking of BELCHER, herein and includes compensation for
any and all items and costs to which BELCHER would be entitled
to had said property been acquired by CITY through the exer-
cise of said powers of eminent domain including all fees of
attorneys, appraisers, or expert witnesses and other costs
which would be allowed by a court of competent jurisdiction
had the property been acquired through eminent domain. The
parties each represent to the other that they have employed
no real estate broker or agent other than S. Z. Bennett whose
fees are being paid solely by the CITY, pursuant to an agree-
ment retaining him to negotiate on behalf of the CITY.
11. The property and all buildings and improvements
located thereon are sold and purchased on an "as is, where is"
basis. BELCHER makes no warranties, express or implied, as
to the fitness for any particular purpose of habitability and
BELCHER only warrants its title to the property.
12. Risk of loss shall pass from Seller to Buyer
at closing.
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OFFICE OF THE CITY ATTORNEY. 1700 CONVENTION CENTER DRIVE. MIAMI BEACH, FLORIDA 33139
IN WITNESS WHEREOF, the CITY OF MIAMI BEACH has
caused these presents to be executed by its Mayor on the aY~
day of June, 1979.
CITY
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IMayor
OF MIAMI BEACH
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Attest:
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City Clerk
And BELCHER OIL COMPANY, a Florida corporation, has
caused these presents to be executed by its duly authorized
corporate officers on the ~- '" day of June, 1979.
BELCHER OIL COMPANY
Executive~~~
Attest:
:ur~
Af~ Secretary
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OFFICE OF THE CITY ATTORNEY. 1700 CONVENTION CENTER DRIVE. MIAMI BEACH. FLORIDA 33139
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EXHIBIT A
~he land to be conveyed is that certain property
described as tract A and Tract B in that certain indenture
between Tbe peninsula Terminal Company and The Texas Company
Recorded at Book 1509, Page 81 and Book 327, Page 256 of the
Public Records of Dade County more particularly described as
follows:
TRACT A:
.I
Commencing at a point Fifteen Hundred and,Eighty (1580) feet
North and Two Thousand Fifteen (201S) feet Hest of the South-
east (SE) corner of Section four (4), Township fifty-four (54)
South, Range forty-two (42) East, particularly de"f'ined as bei.ng
at the intersection of the center line of the roadway of the
original concrete viaduct of the Miami County Causeway and the
face of the West Bridge abutment; thence run South Sixty-seven
degrees and Five Minutes West (S.6700S'W.) a distance of Fifty-
eight and Seven-tenths (58.7) feet to a point; thence South
Thirty-one degrees and Forty three minutes East (S.31043'E.) a
distance bf Sixty-four" and Seventy-five Hundredths (64.75) feet
to'a point on the South wall of the County Causeway; thence run .
South Sixty-seven degrees and Five minutes West (S.67005'W.) along
the South \'lall of the f1iami County Causeway a distance of One
Hundred Fifty-eight and Tvlenty-one One-hundredths feet (1S8.21)
to the point of curvature of a circular curve; thence run along
the arc of said circular curve deflecting to the right and having
for its elements a central angle of six deqrees fifteen minutes
and thirty seconds (60 lS' 30") and a radius of Two Hundred Forty-
. three and Eighty-six Hundredths (243.86) feet.
a distance of Twenty-six and Sixty-four hundredths
(26.64) feet to the point of compound curvature of
a circular curve; thence run along the arc of said
circular curve deflecting to the right and having for
its elements a central angle of one degree. fifty-
,eight minute.~ and twenty-two seconds (1058122U)
a nd a radius of one thousand five hundred sixty-six
a nd ninety-five hundredths (1566.95) feet, a distance
of fifty-three and ninety-:ftve hundredths (53. 95) :feet
to the point of beginning of the tract of land herein
described; Thence South thirty-one degrees and
forty-three minutes East (S. 310431 E.) a distance,
of Two.Hundred Seventy-four and Fifty-one Hundredths
(274.51) feet to a point; thence South Twenty-five
degrees and twenty-nine minutes West (5. 250 291
W.) a distance of two hundred fifty- seven and
eighty-six hundredths (257.86) feet to a point.
said point being fifty (50) feet North of the
Northerly bottom edge of the Municipal Channel;
thence. North sixty-four degrees and thirty-one
minutes West (N.' 640 3P W _) parallel to and
fifty (50) feet equidistant from the Northerly
bottom edge of the Municipal Channel. Two Hundred
,
TRACT B:
(200) feet to a point; thence run North Twenty-
five degrees and Twenty-nine minutes East (N. 250
29' E.) a distance of Two Hundred Twenty-three
and Twenty-four Hundredths (223.24)' feet to a point;
thence run North Ten degrees Fifty-one minutes West
(N. 100 5Il W.) a distance of One Hundred Sixty-
two and Fifty-two Hundredths (162.52) feet to a
point, said point being on the South wall of the
original Miami County Causeway; thence run in a
Northeasterly direction along the South wall of
the Miami County Causeway, along the arc of a cir-
cular curve deflecting to the left, said curve
having for its elements a radius of One Thousand
Five Hundred Sixty-six and Ninety-five Hundredths
(1,566.95) feet, a central angle of three degrees,
four minutes and eight seconds (30 04' 08"), a distance
of eighty-three and ninety-two hundredths (83.92) feet,
bearing of chord of said curve being North seventy-
six degrees, fifty minutes and fifty-six seconds East
(N. 760 50' 56" E. ) and eighty-three and ninety-two
hundredths (83.92) feet, to the point of beginning of
the tract herein described, containing one and seven
tenths (1.7) acres, more or less.
Beginning at the point which is the point of begin-
ning of TRACT A, and from said point of beginning
run South thirty-one degrees and forty-three minutes
East (5. 3.10 431 E:) a distance of two hundred seventy'""
{our Olnd filty-one hundredths (274.51) feet, thence Iun
South twenty-five degrees and twenty-nine minutes
West (S. 250 291 W.) a distance of one hundred
fifty-seven and eighty-six hundredths (157. 86) feet
to a point, said point being on the East property
line and one hundred (100) feet North of the South-
east (SE) corner of Tract A; thence run South
sixty-four degrees thirty-one minutes East (S. 640
311 E.) a distance of one hundred twenty (120) feet
to a point; thence run North twenty-five degrees and
twenty-nine minutes East (N. 250 291 E.) a distance
of ninety- seven and forty- six hundredths (97.46) feet
to a point; then run North thirty-one degrees forty-
three minutes West (N. 310 431 W.) a distance of
,four hu;"dred three .and eight tenths (403. 8) fe~t to
a point 'on the South wall of the Miami County
Causeway; thence run in a Southwe sterly direction
along the arc of a circular curve deflecting to the
right, said curve having for its elements a radius
of one thousand five hundred sixty-six and ninety-
five hundredths (1566.95) feet and a central angle
of zero degrees thirty-two minutes and thirty-eight
seconds (00 32' 3811) a distance of fourteen and eighty-
seven hundredths (14.87) feet to the point of beginning,
containing forty-six hundredths (0.46) acres, more
o It- Lc-S'i.
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EXHIBIT B
TO AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND THE BELCHER OIL COMPANY
The easements to be conveyed to the City of Miami
Beach by the Belcher Oil Company on all these easements and
other rights (including waterfront and riparian rights) be-
longing or in anywise appertaining to the property described
in Exhibit A hereto including, but not limited to those
set forth in that certain instrument from the Peninsular
Terminal Company to the Texas Company dated December 9, 1932,
recorded in Deed Book 1509, page 81 and in that certain ease-
ment from the Peninsular Terminal Company to the Texas Company
dated August 7, 1933, recorded in Deed Book 1534, Page 40 of
the Public Record of Dade County.
EXHIBIT C
EQUIPMENT TO BE REMOVED FROM MrAMT BEACH CAUSEWAY TEffi1rNAL
TANKS
2 Ea. - 22,000 Bbl.
1 Ea. - 20,000 "
2 Ea. - 3,100 "
2 Ea. - 1,100 "
2 Ea. - 476 "
1 Ea. - 404 "
4 Ea. - Loading Racks
3 Ea. - 4" Loading Arms
3 Ea. - 3" Loading Arms
2 Ea. - 4" Meters
4 Ea. - 3" Meters
10 Ea. - 3" Gate Valves
1 Ea. - 2" Gate Valve
20 Ea. 6" Gate Valves
1 Ea. - 8" Gate Valve
17 Ea. - 12" Gate Valves
1 Ea. - 14" Gate Valve
12 Ea. - 4" Gate Valves
3 Ea. - 3" Check Valves
7 Ea. - 4" Check Valves
1 Ea. - 6" Check Valve
2 Ea. - 4" Flow Control Valves
3 Ea. - 3" Flow Control Valves
3 Ea. 6" straine-r
2 Ea. - 4" Pumps
3 Ea. - 6" Pumps
1 Ea. - 8" Butterfly Valve
2 Ea. - Filters
2 Ea. Agetators
Pipes left in place shall be flushed and sealed.
,
Exhibit. "D"
AGREEMENT
THIS AGREEMENT made and entered into this ~?~ day of
June, 1979, by and between the CITY OF MIAMI BEACH, a Florida
municipal corporation and the BELCHER OIL COMPANY, a Florida
corporation, hereinafter referred to as "CITY" and "BELCHER",
respectively.
WIT N E SSE T H :
For and in consideration of the mutual covenants herein
each to the other made parties agree as follows:
1. CITY agrees to rent to BELCHER the right to use
the bulkhead adjacent to a certain tract of land more particularly
described in Exhibit "A" attached hereto and incorporated herein
by reference for the purpose of docking on temporary basis fueling
barges and/or tugboats owned or operated by BELCHER said right
being subject to the limitation which may exist by reason of certain
conditions contained in that certain indenture between peninsular
Terminal Company and the Texas Company recorded at ORB 1509, Page 81
of the Public Records of Dade County.
2. The bulkhead, shall be maintained by the CITY.
BELCHER agrees to repair or replace any property damaged as a
result of its negligence.
3. BELCHER agrees to provide the insurance set forth
in the attached Exhibit "B" which is incorporated herein by reference.
Said insurance shall name the CITY as an additional insured and
,
contain a hold harmless clause in favor of said CITY.
4. BELCHER shall pay to the CITY for each and every
year this Agreement is in effect, the sum of NINE THOUSN~D TWO
HUNDRED FIFTY DOLLARS ($9,250.00).
5. The Agreement shall continue in effect from year
to year and renew automatically until such time as either party
shall terminate same. Termination shall be accomplished by either
party giving the other party notice in writing of intent to termi-
nate. Termination notice to be effective must be given at least
90 days prior to the anniversary date of this Agreement.
OFFICE OF THE CITY ATTORNEY - 1700 CONVE~HION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
6. Since CITY has no expertise in matters relating
to the dockage of vessels of the type which it is contemplated
will be docked pursuant to this Agreement, it shall be the
obligation of BELCHER to examine the facilities provided under
the terms of this Agreement at such times and with such fre-
quency as it deems advisable in order to assure itself that
such facilities are in suitable and safe condition for the
uses contemplated herein.
7. During such time as BELCHER is not usi~g the
bulkhead the CITY may use same for the temporary dockage of
its barges or vesBels, provided same does not interfere with
BELCHER's use of the bulkhead.
B. To the extent that available parking is not
being used by CITY personnel or equipment, CITY will make
parking available to BELCHER personnel operating a vessel
docked at the subject site.
9. CITY guarantees to BELCHER the right of ingress
and egress from the bulkhead space covered by this Agreement
for use by the crews manning the vessels and/or barges tied-up
at this location and for the provisioning of such vessels and/
or barges.
IN WITNESS WHEREOF, the CITY has caused these pre-
sents to be executed by its Mayor and City Clerk and BELCHER
has caused these presents to be executed by its duly authorized
corporate officers on the date and year first above written.
CITY OF MIAMI BEACH
. / .
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If, ~,ch,l/f.Il..,
. Mayor '
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Attest:
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City Clerk .
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Attest:
/g/Lt E1I~
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BELCHER OIL COMPANY
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liXEC . V/c.e. Pr iden t Z7-
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Secretary
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
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RECEIPT OF RENTAL PAYHENT
This shall acknowledge receipt from BELCHER OIL
COMPANY of its check in the amount of $9,250.00 repre-
senting full payment in advance of one (1) year's rental
under that certain rental Agreement for dock space be-
tween Belcher Oil Company and the City of Miami Beach
dated June 28, 1978. This shall further acknowledge that
the commencement date under such Lease shall be October
24, 1979.
CITY OF MIN11 BEACH
~h~
INGER, as dul authorized
attorney
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