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RESOLUTION 89-19720 RESOLCTION NO. 89-19720 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SECOND AMENDMENT TO THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE FLORIDA DEPARTMENT OF NATURAL RESOURCES CONCERNING NORTH SHORE OPEN SPACE SAVE OUR COAST PROJECT. WHEREAS, on or about October 14 , 1987, the City and the State of Florida entered into a Memorandum of Agreement wherebythe City y would donate the property known as North Shore Open Space Park and six (6) blocks of land on the west side of Collins Avenue to the State of Florida for public recreation purposes in perpetuity and the parties would work towards the completion of North Shore Open Space Save Our Coast project; and WHEREAS, on or about January 18 , 1989, the Miami Beach City Commission approved and adopted Resolution No. 89-19510 which authorized the Mayor and City Clerk to execute an amendment to the original Memorandum of Agreement which outlined the distribution of funds derived from parking meter collections, parking meter enforcement, parking meter collection and maintenance, and the obligation to secure and pay for title insurance; and WHEREAS, a Second Amendment to the Memorandum of Agreement is needed to clarify the City' s obligations regarding the vacation and discontinuance of portions of 80th, 83rd, 84th and 86th Streets. WHEREAS, the City Manager recommends the execution of a Second Amendment to the Memorandum of Agreement between the City of Miami Beach and the Florida Department of Natural Resources concerning North Shore Open Space Save Our Coast project; and NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are authorized to execute the Second Amendment to the Memorandum 1 r of Agreement between the City of Miami Beach and the Florida Department of Natural Resources concerning North Shore Open Space Save Our Coast project. PASSED and ADOPTED this 6th day of September 1989. //' gl 1<eliiIF MAYOR ATTEST: CITY CLERK FORM APPROVED LEGAL DEPARTMENT Date: �/1�/Y,7 JLM/rlw ref: 5/NSOSSAV2 .RES 2 et:0 Neaote Vead P1 f,, FLORIDA 3 31 3 9 /"Vc;:ii,q * • *t iINCOR O "VA CA TIONL,4 ND U. S. A. " alliel:/1.\ -‘f,'EH-14.`4-.&'----1 OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 , COMMISSION MEMORANDUM NO. <A149 September 6, 1989 DATE: TO: Mayor Alex D.• • • and Members ► the City Commi . on 0 FROM: Rob W. Par • Vtr _dal. % City Manager SECOND AMENDMENT TO THE MEMORANDUM OF SUBJECT: AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE FLORIDA DEPARTMENT OF NATURAL RESOURCES CONCERNING NORTH SHORE OPEN SPACE SAVE OUR COAST PROJECT Background: On October 14 , 1987, the City of Miami Beach and the State of Florida entererd into a Memorandum of Agreement whereby the City would donate the property known as North Shore Open Space Park, and six (6) blocks of land on the west side of Collins Avenue, to the State of Florida for public recreational purposes in perpetuity. The parties agreed that they would work toward the completion of the North Shore Open Space Save our Coast Project. On January 18, 1989, the City Commission of the City of Miami Beach approved and adopted Resolution No. 89-19510 authorizing the Mayor and the City Clerk to execute and amendment to the original Memorandum of Agreement which outlined the distribution of funds arrived from parking meter collections, parking meter enforcement, parking meter collection and maintenance, and the obligation to secure, and pay for, title insurance. Current Status: A second Amendment to the Memorandum of Agreement is needed to clarify the City' s obligations regarding the vacation and discontinuance of portions of 80th, 83rd, 84th and 86th Streets. In the event that a court of competent jurisdiction ever declares or rules that the vacation proceedings, instituted by the City of Miami Beach on February 15, 1989, pursuant to Resolution No. 89- 19541, are invalid or defective, the City agrees to take all reasonable measures to reinstitute the vacation proceedings for the purpose of removing any alleged defect. This obligation, on the part of the City of Miami Beach, does not render the City liable for any loss, damage, claim or injury arising of any such defect. The State of Florida hereby agrees to hold the City of Miami Beach and its officers and employees harmless regarding any such loss, damage, claim or injury. ADMINISTRATION RECOMMENDATION: The Administration recommends the execution of a second Amendment to the Memorandum of Agreement between the City of Miami Beach and the Florida Department of Natural Resources concerning North Shore Open Space Save our Coast Project. 71 RWP:WHH:blb Attachments AGENDAR_------Li___ ITEM CI DATE q _, ,) - g SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, made this 29th day of November , 1989 , by the CITY OF MIAMI BEACH, FLORIDA, a Florida municipal corporation, hereinafter called "Grantor" and the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, whose post office address is c/o Florida Department of Natural Resources, Division of State Lands, 3900 Commonwealth Boulevard, Room 412 , Tallahassee, Florida 32399, hereinafter called "Grantee" : WITNESSETH: That the Grantor, for and in consideration of the sum of Ten and 00/100 ($10. 00) Dollars and other valuable consideration, receipt whereof is hereby acknowledged, has granted, bargained, and sold to the Grantee, its successors and assigns, all of the following described property located in Miami Beach, Dade County, Florida: PARCEL A BLOCKS 19 AND 20, CORRECTED PLAT OF ALTOS DEL MAR NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 31, AT PAGE 40, PUBLIC RECORDS OF DADE COUNTY, FLORIDA. PARCEL B BLOCK 17, CORRECTED PLAT OF ALTOS DEL MAR NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 31, AT PAGE 40, PUBLIC RECORDS OF DADE COUNTY, FLORIDA, TOGETHER WITH, BLOCKS 14 AND 15, ALTOS DEL MAR SUBDIVISION NO. 2 , PLAT BOOK 4 , AT PAGE 162 , PUBLIC RECORDS OF DADE COUNTY, FLORIDA. PARCEL C BLOCKS 1, 2, 3 , 4 , 13 , 14 , 15 AND 16, ALTOS DEL MAR NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 31, AT PAGE 40, PUBLIC RECORDS OF DADE COUNTY, FLORIDA, TOGETHER WITH, BLOCKS 2 , 3 , 4 , 5, 6, 7, 8 AND 9, ALTOS DEL MAR SUBDIVISION NO. 2 , PLAT BOOK 4 , PAGE 162 , PUBLIC RECORDS OF DADE COUNTY, FLORIDA AND ALL THAT PORTION OF STREETS 80TH, 81ST, 82ND, 83RD, 84TH, 85TH AND 86TH, BOUNDED ON THE WESTERLY SIDE BY A LINE 30. 00 FEET EASTERLY OF THE CENTER LINE OF COLLINS AVENUE AND ON THE EASTERLY SIDE BOUNDED BY THE BULKHEAD LINE ESTABLISHED BY THE CITY OF MIAMI BEACH, AND TOGETHER WITH THAT PORTION OF ATLANTIC WAY BOUNDED ON THE NORTH BY A LINE 25. 00 FEET SOUTHERLY OF THE CENTER LINE OF 87TH STREET AND BOUNDED ON THE SOUTH BY A LINE 25.00 FEET NORTHERLY OF THE CENTER LINE OF 79TH STREET. PARCEL D LOTS 1, 2 , 3 , 4 , 5 AND 6, BLOCK 13 , ALTOS DEL MAR, SUBDIVISION NO. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4, AT PAGE 162 , PUBLIC RECORDS OF DADE COUNTY, FLORIDA. PARCEL E THAT PORTION OF LAND BOUNDED ON THE NORTH BY A LINE 25. 00 FEET SOUTH OF THE CENTER LINE OF 87TH STREET PROJECTED EASTERLY; BOUNDED ON THE SOUTH BY A LINE 25. 00 FEET NORTH OF THE CENTER 1 LINE OF 79TH STREET PROJECTED EASTERLY; BOUNDED ON THE EAST BY THE EROSION CONTROL LINE AND ON THE WEST BOUNDED BY THE BULKHEAD LINE. ESTABLISHMENT OF EROSION CONTROL LINE AND BULKHEAD LINE AS PER DATA SHOWN IN PLAT BOOK 105, AT PAGE 62 , PUBLIC RECORDS OF DADE COUNTY, FLORIDA. SUBJECT TO: 1. Rights-of-way, easements and covenants and Agreements of record, if any now exist, affecting the above described premises, but any such interests that may have been terminated are not hereby reimposed. 2 . Any right, title or interest in the above described premises that Grantee has at the present or may have had prior to the date of this conveyance. TO HAVE AND TO HOLD, the same in fee simple. AND the Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, that except as noted above that at the time of delivery of this deed the premises were free from all encumbrances made by it, and Grantor hereby warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor, but against none other. It is agreed and understood by and between the Grantor and Grantee, and the Grantee by its acceptance of this deed, and does covenant and agree for itself, and its successors and assigns, forever, that the above described property shall be used and maintained for public recreational purposes for which it was conveyed in perpetuity. IN WITNESS HEREOF, the Grantor has caused these presents to be executed in its name and on its behalf this 2601- day of 1\‘Q‘;e.A <Z.'r" , 19 '\. CITY OF MIAMI BEACH, a Florida WITNESSES: municipal corporation - '4,?'1,?rei , r• (2e - *--Ael„--• /,- , ...,_C-__ I- ( C,/L- `-. A K _Aie,e,-:, " .2? a.-)',-e, ...- - ,., ,/ VICE-MAYOR FORM APPROVED ____. ) ATTEST: LEGAL DEPT. at/t- By __... CITY CLERK Date �..__ 2 4 STATE OF FLORIDA) ) ss COUNTY OF DADE ) On this 2- day ofN\tQe_voLeA/ , 103 before me, personally appeared Abe Resnick, Vice-Mayor of the City of Miami Beach, a Florida municipal corporation, and Elaine Matthews Baker, City Clerk of the City of Miami Beach, a Florida municipal corporation and known to me to be the same persons described in and who executed the foregoing instrument aforesaid, as the act and the deed of the City of Miami Beach, duly designated, empowered and authorized to do so and they acknowledged that they executed the foregoing instrument for and on behalf of the City of Miami Beach, for the purpose and uses herein described. My Commission Expires: - - " E-T-e:Nrcvz NOTARY PUBLIC STATE OF FLORLDA NOTARY PUBLIC STATE OF FLORIDA NY COMMISSION EXP. APR.1i ,1,;C2 BONDED MU GL«EHAL ins. LJUD. Prepared by: Office of the City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 (305) 673-7470 REF: 5\NORTHSH6. 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PLO?Roos A.ARt tai. mum�� gip gm A amp 11111111111111111111612 111461 MINISmat .sa•n e•........ 1 At.MN •••••r•• IAM C AIM 11,1111101111114111 111411 moms =moo 1.n� -- ----- SECOND AMENDMENT TO THE MEMORANDUM OF AGREEMENT BETWEEN CITY OF MIAMI BEACH AND FLORIDA DEPARTMENT OF NATURAL RESOURCES CONCERNING NORTH SHORE OPEN SPACE SOC PROJECT WHEREAS, the City of Miami Beach ( "City" ) , and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida on behalf of the State of Florida, Department of Natural Resources ( "State" ) entered into a Memorandum of Agreement on October 14 , 1987 whereby the City and the State agreed to work toward the completion of the North Shore Open Space SOC Project, and WHEREAS, the City and State entered into an Amendment to the Memorandum of Agreement on January 18, 1989 outlining duties and responsibilities for parking facilities at North Shore Open Space SOC Project , and WHEREAS, a second amendment to the original Memorandum of Agreement was requested by the State to clarify a point regarding the vacation and discontinuance of portions of 80th, 83rd, 84th and 86th Streets . NOW, THEREFORE, the City and State do hereby agree as follows : 1 . Paragraph 3 of the "Memorandum of Agreement between the City of Miami Beach and Florida Department of Natural Resources concerning North Shore Open Space SOC Project" which reads : 3 . Transfer of the property is to include the closing off of the portions of 80th, 83rd, 84th and 85th Streets that pass through the proposed parking areas and the closing of a portion of 76th Street will be negotiated in the future . Shall be replaced, revised and superseded by the following : 3 . Transfer of the property is to include the closing off of the portions of 80th, 83rd, 84th and 86th Street that pass through the proposed parking areas and the closing of a portion of 76th Street will be negotiated in the future. 2 . In the event that a court of competent jurisdiction ever declares or rules that the vacation proceedings instituted by the City of Miami Beach on February 15 , 1989 , pursuant to Resolution No. 89-19541 are invalid or defective, the City agrees to take all 1 reasonable measures to re-institute vacation proceedings for the purpose of removing any alleged defect ; provided however , that this obligation on the part of the City of Miami Beach shall not render the City liable for any loss, damage, claim or injury arising out of any such defect , and the State of Florida hereby agrees to hold the City of Miami Beach and its officers and employees harmless regarding any such loss, damage, claim or injury. 3 . Except as expressly set forth herein, the Memorandum of Agreement and Amendment to the Memorandum of Agreement shall remain in full force and effect and are hereby ratified and confirmed as of the date of this Agreement . The Second Amendment to the Memorandum of Agreement is agreed upon and entered into upon this day of , 1989 . ( SEAL) STATE OF FLORIDA WITNESSES: DEPARTMENT OF NATURAL RESOURCES _-- _-- _ __.____------------------------__�__--- Ellison E. Hardee Acting Director Division of Recreation & Parks ( SEAL) CITY OF MIAMI BEACH, FLORIDA MAYOR ATTEST: CITY CLERK FORM APPROVED LEGAL DEPARTMENT ,3+/- Date: /0/;d6//j/7 JLM/rlw 10/18/89 REF: 5<NORTHSH4 .AGM 2 111111111111111111111111111111111111111111111111.111141111111111.111% .„, . . . ._. , . CITY Or MIAMI BEACH 1 TO: John Morrow DATE: 10/24/89 FROM: Elaine M. Baker City Clerk SUBJECT: Second amendment to the memorandum of agreement between the City of Miami Beach and the Florida Department of Natural Resources concerning North Shore 0en Space Save Our Coast Project. Enclosed are 3 copies of the above-noted agreement, together with a copy of the authorizing Resolution . ; No. 89-19720 which have been executed by the City. - - - Please forward all copies to the appropriate official for signature, with the request that the blue-backed copy be returned to the attention or mercy Williams in this office. Would you also please copy her on your letter of transmittal. 401 . She will subsequently forward a fully executed .. set to you for your files. . Thank you. , im.,,,,, Aii..„24,444,_ 4' . c.--7 0110 , . q/qi9 1 k 4/'1441 --E4;eittte 'g .'' Oa '- *17't•f-At , 61:; 4 LA ,..41 1 'NM 1111, _ 11111MNIPMW ORIGINAL RESOLUTION NO. 89-19720 Authorizing the Mayor and City Clerk to execute a Second Amendment to the Memo- randum of Agreement between the City of Miami Beach and the Florida Department of Natural Resources concerning North Shore Open Space Save Our Coast Project.