Ord. No. 16-05-1838ORDINANCE NO. 16 -05 -1838
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO REAL PROPERTY;
AUTHORIZING THE PURCHASE OF THE PROPERTY LOCATED AT
4300 SW 58TH AVENUE CONSISTING OF A RECREATION CENTER AND
ADMINISTRATIVE OFFICE BUILDING, BASKETBALL COURTS, A
RACQUETBALL COURT, SWIMMING POOL, AND APPROXIMATELY 7
ACRES OF OPEN FIELD SPACE, WITH DEBT SERVICE CHARGED TO
THE NON - DEPARTMENTAL DEBT SERVICE -YMCA ACCOUNT CODE
001.2100.519.9927, AUTHORIZING THE CITY TO ACCEPT THE DEED TO
THE PROPERTY UPON CLOSING AND REQUESTING TAX EXEMPTION
OF THE PROPERTY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of South Miami has netotiated an agreement to purchase of the
property owned by the YMCA located at 4300 SW 58` Avenue consisting of a recreation center
and administrative office building, basketball courts, racquetball court, swimming pool, and
approximately 7 acres of open -field space (the "Property "), the legal description of which is more
fully described as follows:
24 54 40 10 AC S% OF SW'/ OF NE'/ OF NE' /< LESS E25FT
FOR R/W & S' /z OF SE/4 OF NW/4 OF NE /4 LOT SIZE
IRREGULAR
WHEREAS, the City Commission of the City of South Miami desires to purchase the
property, accept the deed upon purchase and to dedicate the property to public use.
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The City of South Miami authorizes the City Manager to borrow the sum of
$2,750,000.00 to be specifically utilized for the purchase of the Property.
Section 2. That funding for debt service on the loan be provided from account code
001.2100.519.9927 that has an available balance of $84,000 in FY 2004 -05.
Section 3. The City of South Miami authorizes payment to the seller, the YMCA of
Greater Miami, as to the purchase price for the Property.
Section 4. Upon transfer of the property, the City of South Miami shall accept delivery
and shall immediately record the deed for the Property. The property shall be dedicated to public
use. The City shall immediately apply for tax exemption for the property.
Section 5. This ordinance shall take effect immediately upon enactment.
Signature Page to Follow
Pg. 2 of Ord. No. 16 -05 -1838
PASSED AND ADOPTED this day of June, 2005.
ATTEST:
APPROVED:
-���TY CLERK AYOR
READ AND.A3'PROVP AS TO 4
CIT ATTORNEY !/
CAMy Documents \Word Documents \OI'dinanceYMCAPutchase.doe
I" Reading -5 /17 / 05
2nd Reading -6 /14 / 0 5
COMMISSION VOTE:
4 -0
Mayor Russell:
Yea
Vice Mayor Palmer:
absent
Commissioner Birts- Cooper:
Yea
Commissioner Sherar:
Yea
Commissioner Wiscombe:
Yea
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM
To: Honorable Mayor, Vice Mayor &
City Commission
From: Maria V. Davis 1S
City Manager `
Date: June 14, 2005
south 'Miami
WRO
N11jr
2001
Agenda Item #,L
Authorizing the purchase of the YMCA
property located at 4300 SW 58 Avenue
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO REAL PROPERTY; AUTHORIZING THE PURCHASE
OF THE PROPERTY LOCATED AT 4300 SW 5P AVENUE CONSISTING OF A
RECREATION CENTER AND ADMINISTRATIVE OFFICE BUILDING, BASKETBALL
COURTS, A RACQUETBALL COURT, SWIMMING POOL, AND APPROXIMATELY 7
ACRES OF OPEN FIELD SPACE, WITH DEBT SERVICE CHARGED TO THE NON -
DEPARTMENTAL DEBT SERVICE — YMCA ACCOUNT CODE 001.2100.519.9927,
AUTHORIZING THE CITY TO ACCEPT THE DEED TO THE PROPERTY UPON
CLOSING AND REQUESTING TAX EXEMPTION OF THE PROPERTY; PROVIDING AN
EFFECTIVE DATE.
In order to provide for adequate recreation and open space as required in the City's
Comprehensive Plan, City Administration has been negotiating with the YMCA of Greater
Miami for the purchase of their property located at 4300 SW 58 Avenue in South Miami.
This 10 -acre parcel is currently zoned as Parks and Open Space (approximately 7 acres)
and Public and Institutional (approximately 3 acres). The acquisition of this parcel will
assist the City in meeting current and future Comprehensive Plan requirements. In
addition, the open space will provide for much - needed relief of Palmer Park, which is
currently the only park in South Miami with adequate athletic field space.
The Purchase Agreement includes a Lease Agreement that allows the YMCA to lease a
portion of the property from the City to continue to conduct some of their existing
programs. Under the terms of the Lease Agreement, the YMCA will be responsible for the
overall maintenance and operation of the existing (and future) recreation facilities on the
site. The YMCA will be required to provide upgrades to the existing recreational facilities
including, but not limited to assuring ADA accessibility, additional drainage work, pool
repairs and sidewalk repairs. The City will be responsible for the maintenance and
programming of the open field space, which has recently been renovated for the YMCA by
Down Rite Engineering and includes new grading, drainage, athletic turf and an automated
irrigation system.
The purchase price that has been agreed -upon for the 10 -acre site is $2,750,000.
Funding for the purchase of the property will be provided through a variety of sources
including the Miami -Dade County Building Setter Communities G. 0. Bond Program, the
Codina Development Corporation Development Agreement, the South Miami Corporation
Development Agreement and the City of South Miami General Fund. The maximum
amount that the City will be required to finance through the General Fund will be $247,000,
which is less than 10% of the total purchase price.
As the aforementioned funding will all become available separately over the next 8 to 10
months, it will be necessary to negotiate the financing required for the purchase. This
financing will include a "bridge" loan in an amount not to exceed $2,503,000 and a 5 -year
loan in an amount not to exceed $247,000. As all of the previously mentioned funding
materializes, the amount financed on the bridge loan will be decreased. Additionally, it
should be noted that both Development Agreements mentioned above require the
developers to pay their pro -rata portion of the interest that accrues on the bridge loan.
The City will only be responsible for the interest on its $247,000 loan.
There will be no debt service requirements in the current fiscal year. The anticipated debt
service over the next 5 years will average approximately $55,000 per year. Currently,
$84,000 remains available in the Non- Departmental Debt Service — YMCA account #
001.2100.519.9927. This amount will be carried over to next fiscal year to cover the City's
debt service amount on the loan.
We recommend that this ordinance be adopted authorizing the City Manager to enter into
the agreement with the YMCA of Greater Miami for the purchase of the property located at
4300 SW 58 Avenue.
AGREEMENT OF SALE AND PURCHASE
BY AND BETWEEN
THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF GREATER
MIAMI,
( "SELLER")
THE CITY OF SOUTH MIAMI,
a Municipality of Miami -Dade Florida
( "PURCHASER ")
July 2005
EXHIBIT A Legal Description of Land ............................................... ............................... 18
EXHIBIT B Bill of Sale ....................................................................... ............................... 19
EXHIBIT C Closing Certificate ........................................................... ............................... 21
EXHIBIT D Warranty Deed..........
....................... 23
EXHIBITE Lease Agreement ............................................................. ............................... 25
Page 2 of 25
AGREEMENT OF SALE AND PURCHASE
THIS AGREEMENT OF SALE AND PURCHASE (the "Agreement ") is made and entered
into by and between THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF GREATER MIAMI,
a Florida non -profit corporation (hereinafter referred to as "Seller "), and THE CITY OF SOUTH
MIAMI, a municipality of Miami -Dade Florida (hereinafter referred to as the "City' or "Purchaser ").
Seller and Purchaser are sometimes collectively referred to herein as the "Parties" and each of the
Parties is sometimes singularly referred to herein as a "Party ".
WHEREAS, Seller is the owner of certain real property and improvements thereon located
at, 4300 SW 58th Avenue Miami, Florida 33155 consisting of a recreation center and administrative
office building containing square feet, respectively, more or less, recreational structures
that include but are not limited to the basketball courts, racketball court, swimming pool, and
approximately_ acres of open -field space as legally described in Exhibit "A" attached hereto and
made a part hereof for all purposes by this reference (the "Property "); and
WHEREAS, Seller desires to sell and Purchaser desires to purchase the Property, and
simultaneously therewith, to enter into a lease transaction pursuant to which Purchaser shall lease to
Seller, and Seller shall lease from Purchaser, a portion of the Property.
NOW, THEREFORE, in consideration of the sum of $10.00, the mutual covenants and
agreements contained herein and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the Parties agree as follows:
ARTICLE I
DEFINITIONS
As used herein (including any Exhibits attached hereto), the following terms shall have the
meanings indicated:
"Bill of Sale" means a bill or bills of sale in the form attached as Exhibit "B" hereto, and
sufficient to transfer to Purchaser all of the items set forth therein.
"Business Day(s)" means calendar days other than Saturdays, Sundays and legal holidays.
"Claim" means any obligation, liability, hen, encumbrance, loss, damage, cost, expense or
claim, including, without limitation, any claim for damage to property or injury to or death of any
person or persons.
"Closing" means the consummation of the sale and purchase of the Property, to be held at the
offices of Murai Wald Biondo Moreno & Brochin, P.A. or such other place as the Parties may
mutually agree.
"Closing Certificate" means a certificate in the form of Exhibit "C" wherein Seller shall
represent that the representations and warranties of Seller contained in this Agreement continue to
remain true and correct as of the Closing Date except with respect to those matters that may be
disclosed in writing to and accepted by Purchaser prior to the Closing Date.
Page 3 of 25
"Closing Date" means July , 2005 or the earlier or later date as shall be hereafter agreed
upon by the Parties.
"Deed" means a warranty deed substantially in the form of Exhibit "D" attached hereto
executed by Seller, as grantor, in favor of Purchaser, as grantee, conveying the Property to
Purchaser, subject only to the Permitted Exceptions.
"Due Diligence Materials" means the information to be provided by Seller to Purchaser
pursuant to the provisions of Section 4.1 hereof.
"Effective Date" means the later of the two dates on which this Agreement is approved by
the City Commission, signed and all changes initialed by Seller and Purchaser, as indicated by their
signatures below; provided that in the event only one Party dates its signature, then the date of its
signature shall be the Effective Date.
"Exception Documents" means true, correct and legible copies of each document listed as an
exception to title on the Title Commitment.
"Evidence of Title" means the abstract of title for the Property.
"Fixtures" means all permanently affixed equipment, fixtures, and other items of real and /or
personal property, including all components thereof, now and hereafter located in, on or used in
connection with, and permanently affixed to or incorporated into the Improvements, including,
without limitation, all electrical equipment, heating, plumbing, lighting, ventilating, refrigerating,
air - cooling and air - conditioning systems and apparatus, sprinkler systems and fire and theft
protection equipment, and similar systems, all of which, to the greatest extent permitted by law, are
hereby deemed by the Parties hereto to constitute real estate, together with all replacements,
modifications, alterations and additions thereto.
"Hazardous Materials" means any substance, including without limitation, asbestos or any
substance containing asbestos and deemed hazardous under any Hazardous Materials Law, the group
of organic compounds known as polychlorinated biphenyls, flammable explosives, radioactive
materials, medical waste, chemicals, pollutants, effluents, contaminants, emissions or related
materials and items included in the definition of hazardous or toxic wastes, materials or substances
under any Hazardous Materials Law.
"Hazardous Materials Law" means any law, regulation or ordinance relating to
environmental conditions, medical waste and industrial hygiene, including, without limitation, the
Resource Conservation and Recovery Act of 1976 ( "RCRA "), the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 ( "CERCLA "), as amended by the Superfund
Amendments and Reauthorization Act of 1986 ( "SARA "), the Hazardous Materials Transportation
Act, the Federal Water Pollution Control Act, the Clean Air Act, the Clean Water Act, the Toxic
Substances Control Act, the Safe Drinking Water Act, and all similar federal, state and local
environmental statutes, ordinances and the regulations, orders, or decrees now or hereafter
promulgated thereunder.
"YMCA" means the Young Men's Christian Association of Greater Miami, a Florida non-
profit corporation, which is the Seller.
Page 4 of 25
"Improvements" means all buildings, structures, Fixtures and other improvements of every
kind now or on the Closing Date located on the Land, including, without limitation, all landscaping,
parking lots and structures, roads, drainage recreational facilities, and all above ground and
underground utility structures, equipment systems that constitute Fixtures and other so- called
"infrastructure" improvements.
"Land" means the real property more particularly described on Exhibit "A" attached hereto
and made a part hereof, together with all covenants, licenses, privileges and benefits thereto
belonging, and any easements, rights -of -way, rights of ingress or egress or other interests of Seller
in, on, or to any land, street, road or avenue, open or proposed, in, on, across, in front of, abutting or
adjoining the real property.
"Laws" means all federal, state and local laws, moratoria, initiatives, referenda, ordinances,
rules, regulations, standards, orders and other governmental requirements, including, without
limitation, those relating to the environment, health and safety, disabled or handicapped persons.
"Lease" means a lease agreement in the form set forth on Exhibit `B" attached hereto and
made a part hereof, which shall be executed and delivered by Seller and Purchaser at the Closing,
and pursuant to the terms of which Purchaser shall lease a portion of the Property to Seller following
the Closing.
"Party" or "Parties" have the meanings set forth in the preamble to this Agreement.
"Permits" means all permits, licenses, approvals, entitlements, notifications, determinations
and other governmental and quasi- governmental authorizations including, without limitation,
certificates of occupancy, required in connection with the ownership, planning, development,
construction, use, operation or maintenance of the Property. As used herein, "quasi- governmental"
shall include the providers of all utilities services to the Property.
"Permitted Exceptions" means those title exceptions or defects which are approved in writing
by Purchaser pursuant to Article V of this Agreement.
"Property" means, collectively, the Land and all Improvements and fixtures.
"Purchase Price" means an amount equal to $2,750,000.00.
"Recreational Facilities" means existing recreational structures located within the Property
that include but are not limited to the basketball courts, racketball court, swimming pool, recreation
center and office building.
"Review Period" has the meaning assigned in Section 5.2 of this Agreement.
"Search Reports" means the initial reports of searches made of the Uniform Commercial
Code Records of Miami -Dade County and of the office of the Secretary of State of Florida, which
searches shall reflect that none of the Property is encumbered by liens. The Search Reports shall be
updated, at Seller's expense, at or within one week prior to Closing.
"Survey" means the most current survey of the Property in Seller's possession.
Page 5 of 25
"Title Commitment" means a current commitment issued by the Title Company to the
Purchaser pursuant to the terms of which the Title Company shall commit to issue the Title Policy to
Purchaser in accordance with the provisions of this Agreement, and reflecting all matters which
would be listed as exceptions to coverage on the Title Policy.
"Title Company" means Lott & Levine. 9155 South Dadeland Blvd.
Suite 1014 Miami, Florida 33156
"Title Policy" means an ALTA Extended Coverage Owner's Policy of Title Insurance
together with the endorsements thereto as are reasonably and customarily required.
"Warranties" means all warranties, representations and guaranties with respect to the
Property, whether express or implied, which Seller now holds or under which Seller is the
beneficiary.
ARTICLE II
AGREEMENTS TO SELL, PURCHASE AND LEASE
2.1 AGREEMENT TO SELL AND PURCHASE. On the Closing Date, Seller shall sell,
convey, assign, transfer and deliver to Purchaser and Purchaser shall purchase, acquire and accept
from Seller, the Property, for the Purchase Price and subject to the terms and conditions of this
Agreement. To the extent permitted or required by law, Seller shall assign to Purchaser all of
Seller's right, title and interest in and to the Permits.
2.2 AGREEMENT TO LEASE. On the Closing Date, and subject to performance by the
Parties of the terms and provisions of this Agreement, Purchaser shall lease to Seller and Seller shall
lease from Purchaser, a portion of the Property, as described on the Lease upon the terms and
conditions set forth in the Lease.
ARTICLE III
PURCHASE PRICE
3.1 PAYMENT OF PURCHASE PRICE. The Purchase Price, less the Deposit, shall be
paid by Purchaser at closing in immediately deliverable funds.
ARTICLE IV
ITEMS TO BE FURNISHED TO PURCHASER BY SELLER
4.1 DUE DILIGENCE MATERIALS. Within 3 days after the Effective Date, Seller
shall deliver to Purchaser or make available to Purchaser at the Property for its review the following
items, if such items are in Seller's possession:
(a) True, correct, complete and legible copies of all documents pertaining to the
Property including but not limited to Agreements, Warranties, Permits, and Engineering Documents;
(b) True, correct, complete and legible copies of the following items:
(i) all existing fire and extended coverage insurance policies and any other
insurance policies pertaining to the Property;
Page 6 of 25
(ii) all instruments evidencing, governing or securing the payment of any
loans secured by the Property or related thereto;
(iii) all environmental studies or impact reports relating to the Property in
possession or control of Seller, if any, and any approvals, conditions, orders or declarations issued
by any governmental authority relating thereto (the studies and reports shall include, but not be
limited to, reports indicating whether the Property is or has been contaminated by Hazardous
Materials); and
(iv) all litigation files, if any, with respect to any pending litigation and
claim files for any claims made or threatened, the outcome of which might have a material adverse
effect on the Property or the use and operation of the Property.
(c) The Survey and the Evidence of Title.
4.2 DUE DILIGENCE REVIEW. During the Review Period Purchaser shall be entitled
to review the Due Diligence Materials delivered or made available by Seller to Purchaser pursuant to
the provisions of Section 4.1 above. Purchaser and it's engineers and consultants shall be provided
with access to the Property to conduct any studies deemed necessary by the Purchaser to properly
evaluate the suitability of the Property. If Purchaser shall, for any reason in Purchaser's sole
discretion, disapprove or is dissatisfied with any aspect of the information, or the Property, then
Purchaser shall be entitled to terminate this Agreement by giving written notice thereof to Seller on
or before the expiration of the Review Period, whereupon this Agreement shall automatically be
rendered null and void. Purchaser shall (i) immediately pay or cause to be removed by transfer to
bond or otherwise any liens filed against the Property as a result of any actions taken above by or on
behalf of Purchaser; (ii) immediately repair and restore the Property to its condition existing
immediately prior to the conduct of Purchaser's investigations; (iii) indemnify, defend and hold
Seller harmless from and against all claims, damages or losses incurred by the Property as a direct
result of the actions taken above by the Purchaser, any of its agents, representatives or contractors, or
any persons performing due diligence studies, inspection services or other services on its behalf.
At the end of the Review Period Purchaser shall accept the property in "AS IS" condition unless
Purchaser has provided written notice setting forth the defect, deficiency or encumbrance and
specified a time within which Seller may remedy or cure the noticed item (before or after the
expiration of the Review Period). If any defect, deficiency or encumbrance, so noticed, is not
satisfied or resolved to the satisfaction of Purchaser, in Purchaser's sole discretion, within the time
period specified in the written notice, this Agreement shall automatically terminate as provided in
this section. Other than any obligations Seller may have in accordance with Article V herein below,
Seller is not obligated to cure any defect, deficiency or encumbrance noted by Purchaser and Seller
may elect in its sole discretion not to cure same.
ARTICLE V
TITLE AND SURVEY
5.1 TITLE COMMITMENT, EXCEPTION DOCUMENTS AND SURVEY. Within 3
days of the Effective Date, Seller shall deliver or cause to be delivered to Purchaser, the Evidence of
Title.
Page 7 of 25
5.2 REVIEW PERIOD. The Review Period shall extend for a period of 45 days
commencing on the Effective Date of the Agreement. During the Review Period, Purchaser shall
have the right to review the Evidence of Title and obtain, review and object to a Title Commitment,
Exception Documents, Search Reports and Survey. The results of Purchaser's due diligence shall be
provided in a timely fashion to the City Commission. In the event any matters appear therein that
are unacceptable to the City or any member of the city commission, Purchaser shall, within the
Review Period notify Seller in writing of the fact. Upon the expiration of said Review Period,
Purchaser shall be deemed to have accepted all exceptions to the title referenced in the Title
Commitment and all matters shown on the Survey except for matters which are the subject of a
notification made under the preceding sentence, and the accepted exceptions shall be included in the
term "Permitted Exceptions" as used herein; provided that in no event shall any of the items listed on
Schedule B -1 of the Title Commitment constitute Permitted Exceptions for the purposes of this
article hereof. In the event that Purchaser objects to any such matters within the Review Period,
Seller shall have 180 days from receipt of the notice within which to eliminate or modify any such
unacceptable exceptions or items. In the event that Seller is unable or unwilling to eliminate or
modify the unacceptable items to the satisfaction of Purchaser on or before the expiration of said
180 -day period, this Agreement will be brought back to the City Commission for further
consideration. The City Commission may either (a) waive the objections and accept title to the
Property subject to the unacceptable items (which items shall then be deemed to constitute part of
the "Permitted )exceptions "), or (b) terminate this Agreement by written notice to Seller, whereupon
this Agreement shall automatically be rendered null and void, and thereafter neither Party shall have
any further obligations or liabilities to the other hereunder.
53 ADDITIONAL EXCEPTIONS. In the event that at any time after the expiration of
the Review Period the Title Commitment or Survey or Search Reports are modified (other than the
deletion or elimination of any item as to which Purchaser has made an objection), Purchaser shall
have 30 days to review and approve or disapprove any such modification and if such modification
renders title unmarketable, the Purchaser shall have the right to terminate this Agreement in the
event that Seller is unable or unwilling to eliminate any such matters to the satisfaction of Purchaser
in accordance with the provisions of Section 5.2 above.
ARTICLE VI
REPRESENTATIONS, WARRANTIES, COVENANTS AND AGREEMENTS
6.1 REPRESENTATIONS AND WARRANTIES OF SELLER. To induce Purchaser to
enter into this Agreement and to purchase the Property, Seller represents and warrants to Purchaser,
to the best of its knowledge, as follows:
(a) Pursuant to Section 5.2 hereof, Seller has and at the Closing Seller will have,
and will convey, transfer and assign to Purchaser, good, marketable, fee simple and insurable title to
the Land, free and clear of any deeds of mortgages, liens, encumbrances, leases, tenancies, licenses,
chattel mortgages, conditional sales agreements, security interests, covenants, conditions,
restrictions, judgments, rights -of -way, easements, encroachments and any other matters affecting
title or use of the Property, except for the Lease.
(b) Seller has duly and validly authorized and executed this Agreement, and has
right, title, power and authority to enter into this Agreement and, at Closing, to consummate the
actions provided for herein. Seller warrants that it does not require the joinder of any person or
entity in order to convey the Property fully and completely to Purchaser at Closing and to lease a
portion of the Property from Purchaser following Closing. The execution by Seller of this
Page 8 of 25
Agreement and the consummation by Seller of the transactions contemplated herein does not, and at
the Closing will not, result in a breach of any of the terns or provisions of, of constitute a default or
a condition which upon notice or lapse of time or both would ripen into a default under any
indenture, agreement, instrument or obligation to which Seller is a party or by which the Property or
any portion thereof is bound; and does not and at the Closing will not, constitute a violation of any
order, rule or regulation applicable to Seller or any portion of the Property of any court or of any
federal or state or municipal regulatory body or administrative agency or other governmental body
having jurisdiction over Seller or any portion of the Property.
(c) There are no adverse or other parties in possession of the Property and no
party has been granted any license, lease or other right relating to the use or possession of the
Property.
(d) No brokerage or leasing commissions or other compensation will be due or
payable to any person, firm, corporation or other entity for the sale of lease of the Property.
(e) No written notice has been received by Seller and Seiler is not aware of any
person having received written notice from any insurance company that has issued a policy with
respect to any portion of the Property or from any board of fire underwriters (or other body
exercising similar functions), claiming any defects or deficiencies or requiring the performance of
any repairs, replacements, alterations or other work..
(f) No notice of condemnation, eminent domain, assessment or similar
proceeding or charge affecting the Property or any portion thereof has been provided to Seller.
(g) All of the Improvements (including all utilities) have been substantially
completed and installed and are being used in substantial accordance with all applicable Laws,
including the plans and specifications approved by the governmental authorities having jurisdiction
to the extent applicable. The Improvements, as designed and constructed, comply materially with
all statutes, restrictions, regulations and ordinances applicable thereto.
(h) To the best of Seller's knowledge there are no material structural defects in
any of the buildings or structures on the Property. All electrical, plumbing and drainage at, or
servicing, the Property and all facilities and equipment relating thereto are in reasonably good
condition and working order and adequate in quantity and quality for the normal operation of the
Property. No part of the Property has been destroyed or damaged by fire or other casualty. There are
no unsatisfied requests for repairs, restorations or alterations with regard to the Property from any
lender, insurance provider or governmental authority.
(i) No work has been performed or is in progress at the Property, and no
materials will have been delivered to the Property that might reasonably be expected to provide the
basis for a mechanic's, materialmen's or other lien against the Property or any portion thereof.
0) There will exist no material service contracts, management or other
agreements applicable to the Property. There are no material agreements or understandings (whether
oral or written) with respect to the Property or any portion thereof, to which Seller is a party, other
than those delivered to Purchaser pursuant to Section 4.1.
Page 9 of 25
(k) No default or breach exists under any of the Business Agreements, or any of
the covenants, conditions, restrictions, rights -of -way or easements affecting the Property or any
portion thereof
(1) There are no actions, suits or proceedings pending or threatened against or
affecting the Property or any portion thereof, or relating to or arising out of the ownership, or by any
federal, state, county or municipal department, commission, board, bureau or agency or other
governmental instrumentality, other than those disclosed to Purchaser pursuant to Section 4.1.
(m) There are no attachments, executions, assignments for the benefit of creditors,
or voluntary or involuntary proceedings in bankruptcy or under any other debtor relief laws
contemplated by or pending or, threatened against Seller or the Property.
(n) Other than with respect to activities in connection with or conditions arising
strictly from customary and ordinary use or maintenance of the Property by Seller in full compliance
with any or all Hazardous Materials Law, Seller is unaware of (i) any Hazardous Materials installed,
used, generated, manufactured, treated, handled, refined, produced, processed, stored or disposed of,
or otherwise on or under the Property; (ii) any activity being undertaken on the Property which could
cause (a) the Property to become a hazardous waste treatment, storage or disposal facility within the
meaning of any Hazardous Materials Law, (b) a release or threatened release of Hazardous Materials
from the Property within the meaning of any Hazardous Materials Law or (c) the discharge of
Hazardous Materials into any watercourse, body of surface or subsurface water or wetland, or the
discharge into the atmosphere of any Hazardous Materials which would require a permit under any
Hazardous Materials Law; (iii) any activity undertaken with respect to the Property which would
cause a violation or support a claim under any Hazardous Materials Law; (iv) any investigation,
administrative order, litigation or settlement with respect to any Hazardous Materials, being
threatened or in existence with respect to the Property; (v) any written notice being served on Seller
from any entity, governmental body or individual claiming any violation of any Hazardous Materials
Law, or requiring compliance with any Hazardous Materials Law, or demanding payment or
contribution for the environmental damage or injury to natural resources.
(o) All documents and information delivered by Seller to Purchaser pursuant to
the provisions of this Agreement are materially true, correct and complete as of the date hereof and
will be correct and complete as of the Closing Date.
6.2 INDEMNITY OF SELLER. Subject to the provisions provided hereafter limiting the
liability of Seller, Seller hereby agrees to indemnify and defend, at its sole cost and expense, and
hold Purchaser, its successors and assigns, harmless from and against and to reimburse Purchaser
with respect to any and all claims, demands, actions, causes of action, losses, damages, liabilities,
costs and expenses (including, without limitation, reasonable attorneys' fees and court costs) of any
and every kind or character, known or unknown, fixed or contingent, asserted against or incurred by
Purchaser at any time and from time to time by reason of or arising out of (a) the breach of any
representation or warranty of Seller set forth in this Agreement, unless such breach was discoverable
by Purchaser during the Review Period and Purchaser elected not to tenuinate the Agreement, (b)
the failure of Seller; in whole or in part, to perform any obligation required to be performed by Seller
pursuant to Section 6.1, unless the Purchaser knew prior to closing about the failure of performance
and elected to close the transaction, and (c) violations occurring on or before the Closing Date, and
during the time that the Seller owned the Property, of any Hazardous Material Law in effect on or
before the Closing Date and any and all matters arising out of any act, omission, event or
circumstance existing or occurring on or prior to the Closing Date and during the time that the Seller
Page 10 of 25
owned the Property, (including, without limitation, the presence on the Property or release from the
Property of Hazardous Materials disposed of or otherwise released prior to the Closing Date and
during the time that the Seller owned the Property,) which results in a violation of a Hazardous
Materials Law, regardless of whether the act, omission, event or circumstance constituted a violation
of any Hazardous Materials Law at the time of its existence or occurrence. The provisions of this
Section 6.2 shall survive the Closing of the transaction contemplated by this Agreement and shall
continue thereafter in full force and effect for the benefit of Purchaser, its successors and assigns.
However, notwithstanding any provision of this Agreement to the contrary, Purchaser may exercise
any right or remedy Purchaser may have at law or in equity should Seller fail to meet, comply with
or perform its indemnity obligations required by this Section 6.2.
6.3 COVENANTS OF SELLER. Seller covenants and agrees with Purchaser, from the
Effective Date until the Closing or earlier termination of this Agreement:
(a) Upon reasonable notice to Seller, Purchaser shall be entitled to make all
inspections or investigations desired by Purchaser with respect to the Property or any portion
thereof, and shall have complete physical access to the Property. Seller shall have the right to have
one or more representatives present at any such inspection or investigation. Purchaser agrees to (i)
repair any damages to the Property resulting from its inspection, (ii) prevent any liens from being
filed against the Property resulting from the inspections, and (iii) indemnify Seller from any and all
Claims by Purchaser arising out of the inspections.
(b) Seller shall cause to be maintained in full force fire and extended coverage
insurance upon the Property and public liability insurance with respect to damage or injury to
persons or property occurring on or relating to operation of the Property in substantially the amounts
as are maintained by Seller on the date of this Agreement.
(c) After the expiration of the Review Period, Seller shall not create or voluntarily
permit to be created any liens, easements or other encumbrances affecting any portion of the
Property or the uses thereof without the prior written consent of Purchaser.
(d) Seller will pay, as and when due, all interest and principal and all other
charges payable under any indebtedness secured by the Property of Seller from the date hereof until
Closing and will not knowingly suffer or permit any material default or amend or modify the
documents evidencing or securing any such indebtedness of Seller to institutional lenders without
the prior consent of Purchaser.
(e) Seller shall not remove any of the Seller's Personal Property from the Land or
Improvements which is necessary for the operation of the Property as it is currently being used
without replacing same with substantially similar items of equal or greater value.
6.4 REPRESENTATIONS, WARRANTIES AND COVENANTS OF PURCHASER.
Purchaser represents and warrants to Seller that:
(a) Purchaser has duly and validly authorized and executed this Agreement, and
has full right, power and authority to enter into this Agreement and to consummate the actions
provided for herein.
(b) The execution by Purchaser of this Agreement and the consummation by
Purchaser of the transactions contemplated herein have been authorized by the City Commission in
accordance with its Charter and Code of Ordinances.
Page 11 of 25
(c) Purchaser shall indemnify and hold Seller harmless from and against any
claims for any brokerage fee or commission, finder's fee or financial advisory fee arising from or
related to the transactions contemplated by this Agreement and which is asserted by any person or
entity claiming to have acted as agent or a representative of Purchaser.
ARTICLE VII
CONDITIONS TO THE PURCHASER'S AND SELLER'S OBLIGATIONS
7.1 CONDITIONS TO THE PURCHASER'S OBLIGATIONS. The obligations of
Purchaser to purchase the Property from Seller and to consummate the transactions contemplated by
this Agreement are subject to the satisfaction, as of the Closing, of each of the following conditions:
(a) All of the representations and warranties of Seller set forth in this Agreement
shall be true as of the Closing in all material respects except for changes expressly permitted or
contemplated by the terms of this Agreement.
(b) Seller shall have delivered, performed, observed and complied in all material
respects with, all of the items, instruments, documents, covenants, agreements and conditions
required by this Agreement to be delivered, performed, observed and complied with by Seller prior
to, or as of, the Closing.
(c) Seller is not in receivership or dissolution proceedings or has made any
assignment for the benefit of creditors, or admitted in writing its inability to pay its debts as they
mature, or has been adjudicated as bankrupt, or has filed a petition in voluntary bankruptcy, a
petition or answer seeking reorganization or an arrangement with creditors under the federal
bankruptcy law or any other similar law or statute of the United States or any state and no such
petition shall have been filed against it.
(d) No material or substantial change shall have occurred with respect to the
condition of the Property subsequent to the expiration of the Review Period.
(e) Neither the Property nor any part thereof or interest therein shall have been
taken by execution or other process of law in any action prior to Closing after the expiration of the
Review Period.
(f) Purchaser shall have received, in form acceptable to Purchaser, evidence of
compliance by the Property with all Permits or approvals required as of the Effective Date hereof as
may be necessary or appropriate for the operation of the Property.
(g) Purchaser shall be satisfied with all matters regarding title and survey
pursuant to Article V hereof.
(h) No portion of the Property shall. have been destroyed by fire or casualty after
the expiration of the Review Period.
(i) No condemnation, eminent domain or similar proceedings shall have been
commenced or threatened with respect to any portion of the Property after the expiration of the
Review Period.
7.2 FAILURE OF CONDITIONS TO PURCHASER'S OBLIGATIONS. In the event
any one or more of the conditions to Purchaser's obligations are not satisfied in whole or in part as of
the Closing, Purchaser, at Purchaser's option, shall be entitled to: (a) terminate this Agreement by
Page 12 of 25
giving written notice thereto to Seller and neither Purchaser nor Seller shall have any further
obligations or liabilities hereunder; or (b) waive the failure of condition and proceed to Closing
hereunder.
ARTICLE VIII
PROVISIONS WITH RESPECT TO THE CLOSING
8.1 SELLER'S CLOSING OBLIGATIONS. Seller shall furnish and deliver to the
Purchaser, at closing the following:
(a) The Deed, Bill of Sale, Closing Certificate, the Lease Agreement, each duly
executed and acknowledged by Seller.
(b) An affidavit, agreement and indemnity executed by Seller and dated as of the
Closing Date, stating that there are no unpaid debts for any work that has been done or materials
furnished to the Property prior to and as of Closing and stating that Seller shall indemnify, save and
protect Purchaser and its assigns harmless from and against any and all Claims, including court costs
and reasonable attorneys' fees related thereto, arising out of, in connection with, or resulting from the
same, up to and including the Closing Date, in form and substance mutually acceptable to Seller and
Purchaser.
(c) The affidavits, certificates or letters of indemnity as the Title Company shall
reasonably require in order to omit from its insurance policy all exceptions for unfiled mechanic's,
materialman's or similar liens.
(d) The instruments or documents as are necessary, or reasonably required by
Purchaser or the Title Company, to evidence the status and capacity of Seller and the authority of the
person or persons who are executing the various documents on behalf of Seller in connection with
the purchase and sale transaction contemplated hereby.
8.2 PURCHASER'S CLOSING OBLIGATIONS. At closing, Purchaser shall deliver the
following:
(a) Cash or certified funds in the amount of TWO MILLION SEVEN
HUNDRED FIFTY THOUSAND DOLLARS ($2,750,000.00).
(b) The Lease duly executed and acknowledged by Purchaser.
(c) Municipal Resolution(s) authorizing Purchaser to consummate the
transactions contemplated hereby and to execute and deliver the closing documents on the
Purchaser's part to be delivered.
ARTICLE IX
EXPENSES OF CLOSING
9.1 ADJUSTMENTS. There shall be no adjustment of taxes, water or sewer charges,
gas, electric, telephone or other utilities, operating expenses; premiums on insurance policies, it
being agreed and understood by the Parties that the Seller shall be obligated to pay the items under
the terms of the Lease.
Page 13 of 25
9.2 CLOSING COSTS. Purchaser shall pay its own attorneys' fees and the title insurance
premiums on the Seller's Title Insurance Policy. Seller shall pay all title update fees in an amount
not to exceed $250 any and all state, municipal or other documentary or transfer taxes payable in
connection with the delivery of any instrument or document provided in or contemplated by this
Agreement or any agreement or commitment described or referred to herein, and the charges for or
in connection with the recording and /or filing of any instrument or document provided herein or
contemplated by this Agreement or any agreement or document described or referred to herein.
ARTICLE X
DEFAULT AND REMEDIES
10.1 SELLER'S DEFAULT; PURCHASER'S REMEDIES.
(a) Seller's Default. Seller shall be deemed to be in default hereunder upon the
occurrence of any one or more of the following events: (i) any of Seller's warranties or
representations set forth herein shall be untrue in any material aspect when made or at Closing and
Seller is unable; or (ii) Seller shall fail in any material respect to meet, comply with, or perform any
covenant, agreement or obligation on its part required within the time limits and in the manner
required in this Agreement.
(b) Purcbaser's Remedies. In the event Seller shall be deemed to be in default
hereunder Purchaser may (i) terminate this Agreement by written notice delivered to Seller on or
before the Closing and receive a return of its Deposit and an amount equal to the Deposit; or (ii) in
the event that Seller shall willfully refuse to close the sale Purchaser shall be entitled to specific
performance of this Agreement against Seller including Purchaser's reasonable costs and attorneys
fees in connection therewith.
10.2 PURCHASER'S DEFAULT; SELLER'S REMEDIES.
(a) Purchaser's Default. Purchaser shall be deemed to be in default hereunder
upon the occurrence of any one or more of the following events: (i) any of Purchaser's warranties or
representations set forth herein shall be untrue in any material respect when made or at Closing; or
(ii) Purchaser shall fail in any material respect to meet, comply with, or perform any covenant,
agreement or obligation on its part within the time limits and in the manner required in this
Agreement.
(b) Seller's Remedy. In the event Purchaser shall be deemed to be in default
hereunder, Seller, as Seller's sole and exclusive remedy for the default, shall be entitled to terminate
this Agreement and all rights of Purchaser hereunder and to retain the Deposit. The Deposit shall
constitute Seller's sole remedy against the Purchaser, it being agreed between Purchaser and Seller
that the sum shall be liquidated damages for a default of Purchaser hereunder because of the
difficulty, inconvenience, and uncertainty of ascertaining actual damages for the default.
Page 14 of 25
ARTICLE XI
MISCELLANEOUS
11.1 SURVIVAL. All of the representations, warranties, covenants, agreements and
indemnities (but not matters or items identified as conditions for parties' obligation to close) of Seller
and Purchaser contained in this Agreement, to the extent not performed at the Closing, shall survive
the Closing.
11.2 NOTICES. All notices, requests and other communications under this Agreement
shall be in writing and shall be delivered in person or sent by reputable overnight delivery service,
addressed as follows:
If to Purchaser:
City Manager
City of South Miami
6130 Sunset Drive
South Miami, 33143
With copy to:
City Attorney
Nagin; Gallop, Figueredo
3225 Aviation Avenue
Third Floor
Miami, FL 33149
If to Seller:
President
YMCA of Greater Miami
1200 NW 78 Avenue
Miami, Florida 33126
or at the other address, and to the attention of the other person, as the parties shall give notice as
herein provided. All the notices, requests and other communications shall be deemed to have been
sufficiently given for all purposes hereof upon delivery in person or one day after deposit with an
overnight delivery service.
11.3 ENTIRE AGREEMENT; MODIFICATIONS. This Agreement, together with all
exhibits, embodies and constitutes the entire understanding between the parties with respect to the
transactions contemplated herein, and all prior or contemporaneous agreements, understandings,
representations and statements (oral or written) are merged into this Agreement. Neither this
Agreement nor any provision hereof may be waived, modified, amended, discharged or terminated
except by an instrument in writing signed by the Party against whom the enforcement of the waiver,
modification, amendment, discharge or termination is sought, and then only to the extent set forth in
the instrument.
Page 15 of 25
11.4 APPLICABLE LAW AND VENUE. This Agreement and the transactions
contemplated hereby shall be governed by and construed in accordance with the laws of the state
Florida, without regard to conflict of laws provisions, if any. Exclusive venue for litigation will be
a federal or state court of competent jurisdiction, located in Miami -Dade County, Florida without
regard to conflicts or choice of law and venue for any proceedings hereunder shall be in Miami -Dade
County.
11.5 CAPTIONS. The captions in this Agreement are inserted for convenience of
reference only and in no way define, describe, or limit the scope or intent of this Agreement or any
of the provisions hereof.
11.6 BINDING EFFECT. This Agreement shall be binding upon and shall inure to the
benefit of the parties hereto and their respective heirs, executors, administrators, legal and personal
representatives, successors, and assigns.
11.7 EXTENSION OF DATES. Notwithstanding anything to the contrary contained in
this Agreement, if Seller shall fail to deliver any document or item required pursuant to any of the
terms and provisions of Article IV and /or Article V within the applicable time period required,
Purchaser, at its option, shall have the right to extend the date of expiration of the Review Period,
and correspondingly the date of Closing, by the number of days elapsing from the date the items
were required to be delivered and the date the items were actually delivered to Purchaser; provided
that Purchaser shall give Seller notice of its intent to extend the dates. Nothing herein shall diminish
Seller's obligation to timely furnish the items.
11.8 TIME IS OF THE ESSENCE. With respect to all provisions of this Agreement, time
is of the essence and shall be counted in calendar days. However, if the first date of any period
which is set out in any provision of this Agreement falls on a day which is not a Business Day, then,
in such event, the time of such period shall be extended to the next day which is a Business Day.
11.9 WAIVER OF CONDITIONS. Any Party may at any time or times, at its election,
waive any of the conditions to its obligations hereunder, but any such waiver shall be effective only
if contained in a writing signed by the Party.
I LI0 BROKERS. Seller hereby represents to Purchaser that Seller has not discussed this
Agreement or the subject matter thereof with any real estate broker or salesman so as to create any
legal rights in any such broker or salesman to claim a real estate commission or similar fee with
respect to the purchase or sale of the Property. Seller agrees to defend, indemnify and hold
Purchaser harmless from any and all claims for any real estate commissions, leasing fees or similar
fees arising out of or in any way relating to a breach of the foregoing representation.
I LI1 RISK OF LOSS. Until the Closing Date, the risk of loss of any portion of the
Property shall be solely that of Seller. Risk of loss shall be that of Purchaser from and after the
Closing Date, at which time Seller shall deliver to Purchaser possession of the Property.
11.12 NO ASSUMPTION OF LIABILITIES. Purchaser shall not assume any of the
existing liabilities, indebtedness, commitments or obligations of any nature whatsoever (whether
fixed or contingent) of Seller in respect of the Property or otherwise, except those expressly assumed
herein.
Page 16 of 25
11.13 COUNTERPARTS. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which together shall constitute one and the
same instrument.
EXECUTED to be effective as of July , 2005.
PURCHASER:
Citv of South Miami
SELLER:
The YMC oeater Miami
Alfred Sanchez
President and CEO
Page 17 of 25
EXHIBIT A
Legal Description of Land
The S 1/2 of the SW 1/4 of the NE 1/4 of the NE 1/4, less the East 25 feet, and the S 1/2 of the SE
1/4 of the NW 1/4 of the NE 1/4, in Section 24, Township 54 South, Range 40 East, lying and being
in Miami -Dade County, Florida.
Page 18 of 25
jamials
This instrument was prepared by:
GEORGE J. LOTT, Esquire
Dadeland Centre, Suite 1014
9155 So. Dadeland Blvd.
Miami, Florida 33156
THIS BILL OF SALE ABSOLUTE, made this l" day of December
2005, by The Young Men's Christian Association of Greater Miami, a
Florida non - profit corporation, of the City of Miami, Florida,
herein called SELLER *, for and in consideration of the sum of TEN
DOLLARS ($10.00), lawful money of the United States, paid by The
City of South Miami, a municipality of Miami -Dade County, Florida,
herein called BUYER *.
WITNESSETS, that the Seller has granted, bargained, sold,
transferred and delivered, and hereby grants, bargains, sells,
transfers and delivers to the Buyer, the following good and
chattels:
All existing improvements (all buildings, structures,
fixtures, and other improvements of every kind including,
without limitation, all landscaping, parking lots and
structures, roads, drainage, recreational facilities, and
all above ground and underground utility structures,
equipment and systems, and other "infrastructure"
improvements), and Fixtures (all permanently affixed
equipment, fixtures, and other items of real and /or personal
property, including all components thereof, now and
hereafter located in, on or used in connection with, and
permanently affixed to or incorporated into the
Improvements, including, without limitation, all electrical
equipment, heating, plumbing, lighting, ventilating,
refrigerating, air - cooling and air - conditioning systems and
apparatus, sprinkler systems and fire and theft protection
equipment, similar t: 4300e S.W. located
58 Avenue, South Miami
Florida.
To HAVE AND To SOLD the same unto the Buyer forever.
AND Seller does covenant to and with the Buyer that Seller is
the lawful owner of the goods and chattels, that they are free from
all encumbrances, that Seller has good right to sell them, and that
Seller will warrant and defend the sale of the property, goods and
chattels hereby made to the Buyer against the lawful claims and
demands of all persons whomsoever.
*BUYER and SELLER are used for singular and plural, as context
requires, and includes the heirs, executors, administrators,
successors and assigns of the respective parties.
3:9 WITNESS WHUMOP, Seller has executed these presents on the
date first above written.
Signed, sealed and delivered
in the presence of:
Young Men's Ch 'stian Association
of Great
By:
gnature o tneess ' fre , as President
Fr nted Name of Witness
4S SEAL
urof Wztnessg
t�
Printed Name of Witness
STATE OF FLORIDA
COONTY OF DADE
I hereby certify that on this day, before me, an officer duly
authorized to administer oaths and take acknowledgements,
personally appeared Alfred Sanchez, .known to me to be the person
described in and who executed the foregoing instrument, who
acknowledge before me that he executed the same, that I relied upon
the followings for �
mof ti{dentifle ' ation of the above-named person:
and that an oatn was noti- raxen.
Witness my hand and official seal in the County and State last
aforesaid this / day of 2005.
Nory Public, State of Florida ta at Large
Printed:
irq CRIS Wfl gECNARTEBROMN
MYCOMNlSSIDPJ9pD1522A8
EXPIRES J9tt�ery 21, 20D7
Bw Mr"N*W UMa`xrCas
EXHIBIT C
THIS INSTRUMENT PREPARED BY:
Lott & Levine
9155 South Dadeland Blvd,
Suite 1014
Miami, Florida 33156
CLOSING CERTIFICATE
THIS CLOSING CERTIFICATE is given this December 1, 2005, by THE YOUNG MEN'S
CHRISTIAN ASSOCIATION OF GREATER MIAMI, a Florida non -profit corporation, 120
NW 78 Avenue, Suite 200, Miami, Florida 33126 (sometimes referred to below as "Seller')
in MIAMI,61130 Sunset Drive, South M amt, Florida 33143
(referred ti as "Buy r'J F For good
and valuable consideration and to induce Seiler to close on Its purchase of the Property, the
Seiler hereby represents and agrees as follows:
follllowing Real DESCRIPTION. perty located The word
Dade 'Property" oty, State of Florida-
The means the
The S 1/2 of the SW 1/4 of the NE 1/4 of the NE 1/4, less the East 25 feet
and the S 1/2 of the SE 1/4 of the NW 1/4 of the NE 1/4 In Section 24,
Township 54 South, Range 40 East, lying and being in Miami -Dade County,
Florida.
The Florida. The 1 The flax identificat on number for the Property is 09- 4024 - 000- South Miami,
0620,
REPRESENTATIONS. The following representations are made to Buyer, subject to
disclosures made and accepted by Buyer in writing prior to the closing of the purchase of
the Property by Buyer:
use of Property. After due inquiry and investigation, Seller has no knowledge, or
reason to believe, that there has been any use, generation, manufacture, storage,
refinement,
transportation, ln threatened release of any
Hazardous S bsta ce byanyperson on, under, or about the Property .
Hazardous Substances. After due Inquiry and investigation, Seller has no
knowledge, or reason to believe that the Property, whenever and whether owned by
previous occupants, has ever contained asbestos, PCB or other Hazardous
Substances, whether used In construction or stored on the Property.
No Notices. Seller has received no summons, citation, directive, letter or other
communication, written or oral, from any agency or department of any county or
state or the U.S. Government concerning any intentional or unintentional action or
omission on, under, or about the Property which has resulted in the releasing, spilling,
leaking, pumping, pouring, emitting, emptying or dumping of Hazardous Substances
Into any waters or onto any lands or where damage may have resulted to the lands,
waters, fish, shellfish, wildlife, biota, air or other natural resources.
Agreement of Sale and Purchase. After due Inquiry and investigation, Seller
represents that the representations and warranties of Seller contained in the
Areement of da e Purchase
ted August 31,2005 for thesaletanddpurchas between Seller d
e of he Property byBuyerremain
true and correct.
Definitions. The following capitalized words and terms shall have the following meanings
when used in this Certificate. Words and terms used in the singular shall include the plural,
and the plural shall include the singular, as the context may require.
Environmental Laws. The words "Environmental Laws" mean any and all state,
federal and local statutes, regulations and ordinances relating to the protection of
human health or the environment, Including without limitation the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as amended, 42
U.S.C. Section 9601, et seq. ("CERCLA "), the Superfund Amendments and
Reauthorization Act of 1986, Pub. L. No. 99 -499 ( "SARA "), the Hazardous Materials
Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and
Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal
laws, rules, or regulations adopted pursuant thereto.
Hazardous Substances. The words "Hazardous Substances" mean materials that,
because of their quantity, concentration or physical, chemical or Infectious
characteristics, may cause or pose a present or potential hazard to human health or
the environment when Improperly used, treated, stored, disposed of, generated,
manufactured, transported or otherwise handled. The words "Hazardous
Substances" are used in their broadest sense and include without limitation any and
all hazardous or toxic substances, materials or waste as defined by or listed under
the Environmental Laws. The term "Hazardous Substances" also Includes, without
limitation, petroleum and petroleum by-products or any fraction thereof and
asbestos.
This Certificate is made: (1) to induce The City of South Miami to purchase the Property for
the sum of $2,750,000.00; and (2) to induce Attomeys` Title Insurance Fund, Inc., and George
J. Lott, Esq., to Issue an Owner's title insurance policy on the Property. Seller does hereby
agree to Indemnify and hold harmless the Buyer, title insurance company or attorney against
all losses, damages, costs and expenses of every kind, including attorney's fees, resulting or
arising from reliance upon he statements contained herein.
IN WITNESS WHEREOF, I have affixed my hand and seal this 1 day of Gdeber, 2005.
THE YOUNG MEN'S CHRISTIAN ASSOCIATION
OF GREATER MIAMI
SEAL
By: 2 E
AL F ED S EZ PRESIDENT
P)
STATE OF FLORIDA
COUNTY OF MIAMI -DADE
The foregoing instrument was acknowledged before me this 1 day of005 by
Alfred Sanchez, as President of The Young Men's Christian Association of Greater Miami, who p` _gk#, Cd
produced the following as identification and did take an oath: ,,, ,a,
Typed /Printed Name:
Title: Notary Public, State of Florida
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EXHIBIT D
This instrument was prepared by:
GEORGE J. LOTT, Esquire
Dadeland Centre, Suite 1014
9155 South Dadeland Blvd.
'Miami, FL 33156
Property Appraisers Parcel
Identification (Folio) Number: 09- 4024 -000 -0620
W ARRANT Y D E E D
THIS INDENTURE, made this I" day of December, 2005 between
The Young Men's Christian Association of Greater Miami, a Florida
non - profit corporation, (GRANTOR *), and The City of South Miami, a
municipality of Miami -Dade County, Florida, whose address is 6130
Sunset Drive, South Miami, Florida 33143 (GRANTEE *),
WITNESSETS, that said Grantor, for and in consideration of the
sum of TEN DOLLARS ($10.00), and other good and valuable
consideration to said Grantor in hand paid by said Grantee, the
receipt whereof is hereby acknowledged, has granted, bargained and
sold to said Grantee, and Grantee's heirs and assigns forever, the
following described land, situate, lying and being in Miami -Dade
County, State of Florida, to wit:
The South 1/2 of the Southwest 1/4 of the Northeast 1/4
of the Northeast 1/4 of Section 24, less the Easterly
25.0 feet for S.W. 58th Avenue right -of -way, and the
South 1/2 of the Southeast 1/4 of the Northwest 1/4 of
the Northeast 1/4, of Section 24, Township 54 South,
Range 40 East, lying and being in Miami -Dade County,
Florida.
SUBJECT TO:
Conditions, restrictions, limitations, and easements of
record, if any; but any such interests that may have been
terminated are not hereby reimposed; and subject to applicable
zoning ordinances, taxes and assessments for the year 2005 and
subsequent years.
Grantor does hereby fully warrant the title to said land, and
will defend the same against the lawful claims of all persons
whomsoever.
* "Grantor" and "Grantee" are used for singular or plural, as
context requires.
/Yr
ter'
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal the
day and year first above written.
Signed, sealed and delivered in
the presence of:
The Young Men's Christian
h , �+• 4 n„ rrFTYeater Miami
Bye: —2
Witness ,� __AA A red i V,as residen t Printed:Iyrt 1 { t /��`(X/� FCl�f`rl 200 NW 76 A Suite 200
Miami, FL 33126
Wit
anted: G(/ v SPAT.
STATE OF FLORIDA )
COUNTY OF MIAMI--DADE)
CERTIFY that on this day before mej an offices duly
take acknowledgments, personally appeared, Alfred
person described in and who executed the foregoing
and acknowledged before me that he executed the same,
resented as identification the following:
n a 11, L n p 0110 , and he did take an
I HEREBY
qualified to
Sanchez, the
Warranty Deed
and who -I
SS
WITNESS my hand and official seal in the County and State last
aforesaid this ! day of _�, 2 005.
Notary Public
Printed:
CRIM7IMAECMARTEBiID"
MY O MM19810N f DD 152298
EXPIRE8da�ri21, 2097
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uJ the foaaiy a/ Granville end Swtr e/ , North caroling,
put les! aJih.Jun N%end TILE YOUNG NEWS bf1R2STTAN ASSOCI XXYAPAWAU
ATION OF: NIA}(3, FLORIDA, a non - profit eorporation�dn tr. a'r' PI .'r exblGr un,jrr the kw, PI .A, Slats 4 Florida it Pe .ra P a'' t
,
6winnt en At County of Dade end S,,,) of Florida
110 Northeast, Third Avenue, Miami FloM��o�t1.
anrd Jmefolly aothorilm to lrxmW1 budnim is the el— o/ Flarert4 iW'y of the ...a pert.
1,
N'dTAy;SSEYyl: That the teid poi log of the Aret port. +or and In_rontldeMig, oI the Whl Pl
TAN and 'no /100the ------------------- --- --- - -- - -- (10;00) - ---d_uac,,
and other good and valuable conaiderationei- - -- -- - - - - --
to ua en ha.d p.id by #he,aki Pety of the tt<md parr. the naetiq t.A./ b h,>eby eek"-
bde.d. have panted, bepdnrd end add to the rid puvty of the Iraend Pwr. y.r tw....aro end
' 1
wtipu, f'�retna, the Jnnwoina ele,aribeJ land aituwr, ly ne ril beinS G the Count' of
Dade, end Stbe a/ F7nrick toao4r
The South Ono -half (S }j of the Southeast
i one - quarter (SE},) Ol' the tt0{'thNeat ODC-
quarter (NWt of the Northanat one - quarter
(Ne:y) of 3eo ion Twenty -four (24 t Township
AecordshorRDade County, NlOrida. bllo
By arruntln: dpltvery of 013 wt, %t tb* Y""It «;Cats
Chmstlun hSSoclatton of':ataml, dlorl�10, U non- profit
corlSorletion, assumes PAymont o!' alt WI Valorem tax-vi nsseaoed
au i t rCal of lant for thq year ISIV.
JUL -22 -04 THU 0336 AM } FAX N0, 055569826 P. 03
STATF OF FLORIDA, 030K 18 Pvir,632 ,
rvD,vey of
3131tteby (friflfit, That an W, day personally app"fed before mat an 001011' drily Whoroni
to .1mialter paths end fake xknouJtrlyrmrnµ j
I. pee led) knaun a he the- p,•,Wn derrshml in an,t who yerrwed the romping derd, and ochnow
hdpd b1' Jon• m« ilia, rvnubd dw mate lovely and wluntorlly far the purpor, therrin
,•e /n,nmt:
.es111A'� Niel) rr Merfify. That the ,aid , kn0un o out
ro hr the irile of the trial •marp. a��, and powart
rnoloinarjnn roXen awl made by and 6,10,0 me, stporairly and open Tram Art wkt huabattd did aeknaW
"W111111111211 eshe made lrrn,df a pony to ,asd drsvi foe tkr pn,r... al renwao,int, reth quishi s and NhVeyiht
ht, redo anri Interru, wA. -ther rWu•? huintumu ar vI toporoI praprrly statutory of igeimble._
w end .,,be htm6 d•wibnt Ihw,in, and that +be e, eatrd thu i Id' droll Irrefy Li'oba' ay pd u•ph.
out any ri,mp hum. mmimmi. epprehrmfon. or Ira? of or l,vai her Sail /,, bend. ,
�fllitW!<fl mYAmdand a0iriel trout .county of
and Star of Florida. (hie d0y of rA. D, 19
'
Notary Pabllu, Sou 0l
' NORTH CAROLINA )
My sommindon e,plra '
dTATE OF TLLU7DxJi t SS.
GRAMLLE
County n(
.� ilt7rhy fdt7flfy Thar on 1'611' day psrmAaDy
ajpeurrd blew ma, N a0irs0 duty aulAertrtr!
to admin)rtra oath, and take acknoadarlhm,m4
BEN X. LASSITER and DOROTHRA '
LASSIR, hie wife,
TB
7
to me weY known to be the per" is dsiol6ed
In gel who rsnated the luerpint drrd, and aeAmiw
lni t"A hrf!dr tar NAat they ertrutnd the
tam, frmdy and valantarily lot the purpwn thenisr
•;rp�rrjral, y
' ,alfttfRll^ , , nJ and u 'riaFnml of
%
oxford • County of . Granville
A. D. 19 57
rCoro�It
.uadrb're,pa toe "1'101,
day of danua �. 7, '.
)I; 'Commission expiroa: /�y , �y�
�'I
Notapy�io,- StSte of North,
'
tarolins
0.S <�•�bI
a
tea'
5 PL
b ki Q, •p
0 .n O •.
t P •a,
Q n y E„o., •� S
as !F
gagr
n i�P �• s'e �•�i
lr � + i. r.� r• i
)` 5
.b
i
y
b
�y�aa
.O
2
r. ern.
JUL-22 -04 THU 03:37 AN ' 1 FAX R 055569626 P. 04
_ Qb�
roe t8 recE528
gun calm _Mb -
THIB xmzRTORE made this •zf d-dey of December,
D., 1956, BETWSEN A. O. LAS9IYSR and W. W. ARM, ee
surviving Trustees of BOLL DOG DRRIDIN1 CONPANY,.a dissolved.
Plori4o corporation, Parties of the .First Part, and YOBNO
MEWS CHRISTIAN ASSOCIATION OF MSAR(, PIAAIDA, a Plorida
non- profit eorpor�ion� Part es of the Second Part)
C � W I T N E S 8$ T H t Tut the said Parties of the
First Part, for and in oonalaeretion of the sum of TSN and
0o /100tha ($10.00) DOLLARS, and other good and valuable
considerations to them in hand paid, the recelpt :of which.
,
Is hereby acknowledged, habh remised, released, and quit-
claimed and by these premente do ropiee, release, and quit-
claim unto the said Party of the Second Part ond.lts
successors and assigns forever, ail of,the estate, right,
title, lien, equity, interest, claim and demand Vhieh the
said Parties or the First Part have in and to the following
described parcel of land,situata sad lying and being In
the County of Dade and State or Fiends, and more particularly
described an follows, to -wito
The South of the Soubhaast {{ of the
Northwest of the Northeast t of
Section 24, Townahipp .54 South,.
Range 40Eapt, of the Publio Records
i
of Dade County, Plorida.
TO HAVE A0 TO HOLD the so. 6* together with all and
singular the appurtenances thereunto belonaing,In or anyviss
appertaining, and all of the estate, . right, tltla, llen, interest
and'elalm whatsoever of the amid parties of the First Part either
In law or equity, to the only proper use, benefit and behoof of
i
r
t$J
a
JUL -22-04 THU 03 :37 AN
FAX N0, 055569626 P. 05
va 18 renr52.
the said Party of the Second Part, its sueoeaeora and Designs
forever.
IN WITNESS WNSRECF, The said Parties of the First
Part have hereunto not their b4da and $sale and have executed
these presents as Truateas or HILL DOC DRYDOXw COMPANY, a die- ..
' solved Florida odrporation.
SXONED SEALED AND DELSYERED IN P INCH OF. U
� s {SEAL)
es ter
W. E d!�!!la7sh /y � \ —'fv� • ARNERt/' SEAL)
W. W.
2es o w. x. Arnar
STATE OF NORTR CAHOX.INA )
SS.
COUNTY OF "HE )
Y HEREDY OERTIFf that on this day of December, '
,
A. D., 1956, personally appeared before me R. O. LASSITER, who
,• after being duly sworn, deposes and aeyai
! That he, W. W. ARNER end J. W. SRUSIIWOOD were the DA-
rectors of the BULL M DREDOIDO COMPANY at the time of Its dis-
solution on Juno 19, 19481 that J, W. DRUSINOOD in now deceased ,
! and that affianl; and W. V. AHNER are the duly qualified and set -
i, ing Trnetees for the said dissolved corporation; that affiant has
)' signed the foregoing Instrument as Trustee of HULL DOO DREDOIM
' COMPANY, a dissolved Florida corpersticn, and that said MOUblon
P by him is hie free act and deed and for the uaeA and purposes
therein mentioned.
SWORN.TO and SUBSCRIBED before.
t .,.i
� me in .• , said County and
q
Sta x o d. ye Iadt afdresa .
_ Y , e , JAS
My Oomi{isi..... iltrea /.S /P�
-2-
THU 03:37 AN 1 FAX NO, 055569626
Blr'IR 18 PASt 30 ' -
STATE or norm A ) '
ss,
conxrx or nanE
I HEREBY CERTIFY that on this 7ay.of Dresembera
A« D., 1956, personally appeared before me N. M, ARNERa Who
I
af;tor being duly sworn, deposes and payee
That he, H. 0. LASSITER and J, N. RRUSITYOOD Were the
r. .
directors of the HULL DOG DRRDOSNo COMPANY at, the title or its
dissolution on June 19, 17..81 that J, N. BRUSHWOOD is now
deceased and that affiaht and By 0, LASSITER are the duty
qualified and acting Trustees for the said dissolved corporation)
that arriant has signed the foregoing inatrument as Trustee of
BULL DOD DR &DOINo CoMPARY, a dleaolved Florida corporation, and
that sold execution by him is his free act and deed and for the
ua;es and purposed therein mentioned,
• �i!iZ•C.��C��.yrcp •v�r�
W. W. ARNER,
SHORN TO and SU &SCRIP&➢ before
me'. in Miami, Paid County and
State, the day and year lent
aruraaaid.
Notary Public, State of Florida
at Large
Myj Commiaslon expdres,
Ir1A0Y Pv!xK Slatt of fMfldn N Ia•ar - '
• bnndrd by Man e,Mme brnmravee Ca
Slate of ftoridu, tounly of bode. , )
This InslmmeIn was lied for mcord lhe. !i day ot/g- ,_•ar-
1957a13.:3ylM,enddulyretcordadin OfrICIALWDRDS
Rook_.,. �✓ ..... „on pere., n •% 0 file Ho. CG 4
E- a. 411CAV"CAMAN
Grr Clrafl Guru
JUL -22 -04 THU 03:37 AN i i FAX N0, 055569626 P. 07
i
Wl�w,{.w1V Nqb N,td «raIM I.1 Ilsa'e«UIIIIrriw; enMn «I on
r o,r ree «Tent Inar f1 ieetaa
ttrrtttti pd
�i�tt3'�llhtittltlltt, kadafhk 6th ty,aj' Doconllr'" f.li.Iv �6
18ETWKWI1 :•. Glpm II7D9bTRUS, lifC., �annpr.tafirm
. wrtrllrtld -� il4tintn ej,(.jr�$,erc of F•lODSd� . hnerna fn pinrlpa! pfen n('
hu�raa In rAi fnenrr a( Dod'e - aad Slnn• nJ i'? c rt • h
.wl kmJrtly awhorknd tn,fnnanrr fiwh.rr in the $,air n! 1lbrhf «, p+rfe a/ rhr jrnl part. and
YOVIG ts"N,5 clrilsm f A=Crwal :: ol•' °:'Jt -, t.::cf•- ::' ^:!t .
corporntlon'under tho bn"* -or the C;mw or Flcri =l•,
40 Sr E. 3rd Avo-, Kioml 1
a % the Ca of D.ide and Vam n/ ^?C.1-I' r'
•'Parr y .1 1A, rrrrad p«rt WIT. EMETii,
Thai rhr'atid Pony o/ the (oat part. jer and in nrn.Idrradnn r.( qr.
• Sovbn '±houhondr Five, liundrpd - - - - - - - - - -
fnkpka,d paid hylhrriA partP 'nJ thr r(rtrhd prr. fhr nrMfM nhmmJ is h•rrr.. nrhnnnl,dlyd h «.
,rr.nn.i hatNaih.d aad rfd ro Ikr rirf pert y nJ lhn wrnnd putt. • t ih a t:e a e- w
;OS«rut iuihm jn.r.rrr the'f(dreninq dfMdh(AA!nd @netr. (emn nmf Mmp in Ihr Ceenrr a/
hndo and 9,-m nj #%Wdaw 1'.44: .
• IS.j�i Or th0 u.ilrl %!J 0: LltO $- ;;.tf't Or r:.i.l /i,. .
Section 24, Township $4 South, Rrr.j;G ):C
;containing; 5 acrao more or 1jv'l., 1 tat
4n,Dndo co{nty, rlorl.da,•losa the not ai r.rit
thoroor convoyed to Dodo Count :y, ?..cridn, 'fcr
highway purpoaoa.
Subjuot t0 Pppliont•le aoo�rg crdlrincvr •r•c:
;reg,ilAtiono., . .
a
IJ
Md Ihr roil plrt)' nj IhN Ftrt purl dw, hrtrhy juffc nni.nrtr }hr rLir n• .•ud Nnd, and udf dr /.•nd
ihr rm «elminri rhrlunJuJ Claim• of all lNr.arir ohomwrnr.
•
/v TW il:F -em
' '
hr jnl 1'a11 hs, re'..v rhrr pnn
"I I:kt I
«r1MnJ h}' In
-
la,n•
1.fr in rr !n if ."Ir proprr nQrrrn,
trr /ah• iM apf.INf. nlfn.rM1f IN II,
rr: N/nHalr
aNI rtNp•� VMi -rn
srwy. rhr :tay —1 V., •firer. n.irr.,m
G:1'1:7i. LJ.
q. ne . -
ATI KRT,:J °�I'&r- en••:. --..
Of
qL I.sDfns��.•
lfyi
•.
i
87rr�«J, nrhif df,rnrl fa pro•nrr of o,;
\w///
a
IJ
JUL -22 -04 THU 03;36 AM `: 1 FAX M0, 055569626 P. 06
.i`
'
I
otolr lit 7Inribtk
f
am,nWbt Pndo.
,
b iirret+g tGrrtlip. 'ho .n , .h.. 6th
•m. ..t Uocnrflaar,
it rr 56 ,r., r. r. ., .rr +•onnth nrp +n"d Gr
C. NAY2 ?ONA,, 1
nnrt li. %..'T110F1 ➢�'UN,
� /h.vutnr and $. vmr. r +.A..nr.•h •�i
1
'
r,jrni 11R)S)89•Rlti'3! IFC.i
, n n.rpnm(nn an.i•/ rh. Lnh nJ I•
n+n.• Athm+Am... IA.- p9umi 1hn Jnu.
rhr.Slow nJ :Florldn
n Jnum•ny19p nli "., "it, urhpn
d
U•mr
bilrra 1)rYtl•n) In (w• rirml )n•v Prr Omi
prinp
dwrl Pi aurd pjJrtrr. (n A.•• uo•. and 11WOW11 !h.•rnn
nnmlbm.vl mid fr+n1 044 urJu vl rh..: rn +fi..�gr. 1
11
tint vmr nJ qid YnrrnrnurNr, nud IhPI AP a.7d I'm
...ru•nt !f Ihn G•t Pnrt •hr•d r.J xid.nvylnpru•n
iT111lRtld! rm anrin.... and •dh..,.t .. nym
Loral Opblaa,
.r. Ow i:xmn' rJ n490 ...
• +n.t inn• ..f eI orsdn>
�',
eh.• dn> nor! 1'.hr JnH n)nr. soul.
•_ � � `
'',.
.
�'•CLfa+J +MmtJ
'
_.......
�toparl'.F'ub I i•-
Fl or da at lar•ro. �
iti...gnn.....
cl
t
• •P m. 114 r •nom p •^+
� r` ♦:
VI
it
y Fil
y
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10
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b
JUL -22-04 THU 0336 AM 1 FAX N0. 055569626 P. 09
• i ••� 1'io ,'6i: V '(ty��;t. •'' evil �' �ilit;tli iia'aa�•i1•.
lysirrsd td :. Lsndlordt and
ec:e of i�d,rlf¢riy'it:' tea
amtni� ia>Ka amt b +r, ha :peon otep {Ass, :r:iaiaeR at 4boo
Red ROa4.Miawta.11orSdae'MreiY ier itafarred to as T#mantre
NIRNRa'sA2 is
tiBPhlWgi Temsntr +iS'gN1R LA1[8
and her bnsband CM LAM
have thin day eon »Rod hR p# #d to Landlord SAMM L.
OWSR dal that aortain treat or land aittiate in Dado
f
i
ROCX ! •
County/ State of plotidat d*POi'dbad as SolloNat-
The N_-a£th i of the $but& * of the RR} of
the 0 of tSa N* pr petsom fl, Town-
ship Nouwp Raade 40 seat o slls-
basses Noridiast
and
Yt[RRR►ds in eonsid#rati#n of said oonv,yareer
dAMrA L. ROL'K0Wffit has agreed to lease a portloa or Palo
land to the Tatmnta above named during the rest of their
natural lives.
ROW T$IMWORS. in Oeneid #ratdea of one and Nor#
DO11ars, the Dead above rot#rr*d to and ,the autual oovw+
anti herein oontaimd, it is a .greed is followsi-
The Landlord hereby lots unto the Tenants aid the
*aid Tonanti ber#by hire frne'th# @aid Landlord that
portion or the preaises deeoribed in the above motioned
Dana from MNIR, LAP and Cw , LAWS to SAMUEL L'. ROCROWMP
dated this day and more partioularly deaorib#d as followst.
E#glooloi at a,podat at the Northeast
oorn#r of tb# poroa� dsseribsd It the
dead above reforred,to, wbioh'peint is
lesatod in rite hS a known ai Rod Road
and'raso thine# Waa�srly along the North-
theme
Red RO
of Cho
do.
thine•'toDn$♦!� iho' aontbarlR
..00Vpde•Qf•«i;1!' rty to Sod Road$
OhosN1'Yostb.#1 Red Roadie the
tj 6
•�'— "�ra,w� • yp' ty�y" `91�ryyii��iGfSii+Mi +S��Fe•..�' A•4L. %,1.4•f. J...v. J.•in, n, . •r •.• «. v. \.., • •.t" • .
. •r:
•'�11 Aitd(1s�+$a*r*q'';S": � ;�ai�''bi ^,
'
• i ••� 1'io ,'6i: V '(ty��;t. •'' evil �' �ilit;tli iia'aa�•i1•.
lysirrsd td :. Lsndlordt and
ec:e of i�d,rlf¢riy'it:' tea
amtni� ia>Ka amt b +r, ha :peon otep {Ass, :r:iaiaeR at 4boo
Red ROa4.Miawta.11orSdae'MreiY ier itafarred to as T#mantre
NIRNRa'sA2 is
tiBPhlWgi Temsntr +iS'gN1R LA1[8
and her bnsband CM LAM
have thin day eon »Rod hR p# #d to Landlord SAMM L.
OWSR dal that aortain treat or land aittiate in Dado
f
i
ROCX ! •
County/ State of plotidat d*POi'dbad as SolloNat-
The N_-a£th i of the $but& * of the RR} of
the 0 of tSa N* pr petsom fl, Town-
ship Nouwp Raade 40 seat o slls-
basses Noridiast
and
Yt[RRR►ds in eonsid#rati#n of said oonv,yareer
dAMrA L. ROL'K0Wffit has agreed to lease a portloa or Palo
land to the Tatmnta above named during the rest of their
natural lives.
ROW T$IMWORS. in Oeneid #ratdea of one and Nor#
DO11ars, the Dead above rot#rr*d to and ,the autual oovw+
anti herein oontaimd, it is a .greed is followsi-
The Landlord hereby lots unto the Tenants aid the
*aid Tonanti ber#by hire frne'th# @aid Landlord that
portion or the preaises deeoribed in the above motioned
Dana from MNIR, LAP and Cw , LAWS to SAMUEL L'. ROCROWMP
dated this day and more partioularly deaorib#d as followst.
E#glooloi at a,podat at the Northeast
oorn#r of tb# poroa� dsseribsd It the
dead above reforred,to, wbioh'peint is
lesatod in rite hS a known ai Rod Road
and'raso thine# Waa�srly along the North-
theme
Red RO
of Cho
do.
thine•'toDn$♦!� iho' aontbarlR
..00Vpde•Qf•«i;1!' rty to Sod Road$
OhosN1'Yostb.#1 Red Roadie the
tj 6
•�'— "�ra,w� • yp' ty�y" `91�ryyii��iGfSii+Mi +S��Fe•..�' A•4L. %,1.4•f. J...v. J.•in, n, . •r •.• «. v. \.., • •.t" • .
JUL-22 -09 THU 0339 AN 1 FAX N0, 055569626 P. 10
+
2.
i„ At�o :'i:��iitie¢.;�iw;.iit!b�tsd• ®s LLR.;7'!MaA �!.;- .i�Y,:..:}4• ;F;
' ,r. �,l.�..n �n.i.i: 7.. :, 't; :•ji���:,•t7 ••�. •, : ^;:•�.;:�M'1 : +i
Tlio Nses.o.f.tbia.l•esi�'sTiall Vo for W tu}RM:,r:•i7i #it;_i4, '
of *mob or the'Aoii'suwd Tensnis ands sai'd�3'oite pGilT+ '�t•6
*ease #std tormizato upon'tu 44 oth of the'oiullrer ot•tbwi+:
The rant shall ban ow ( #E•4Q`) Dnllar per year payable" .
by the Tonenis t* the Lavdlos+d om the data hi»ot riid
annually thCroaftor during tho'torm of said looses 1st
advance. „
In addition- to said rental. :the Tenants #hall pay ell
taxes and aes■v#rnts levied esld- teyoend by the raderalp
state. County and iffitdalpal 0o"ronents an the antiro•lot
deserlbad in the deed from the•Took"As to the Landlord at
hhorotoad ratea♦ The Lsndlard $ball psi the "Suess kazoo
over the homestead rates. This leaae'shall be Hrsinated
and the Landlord shall base thi right to roaster the do-. .
mead presdses otter default i'A the peyaent of any tax er
assas#aant or ineursnoo praxlur for thirty days after rrlt-
ten notioa and dostarA thereof served an the Tsnaats by rsgle
tared null at the desisod presji#es. 8ovewr, It the Laudler
should sake loprovels4nts and Crack strueturas an that portl0
of thorosisea doterlbed in tqa aforesaid deed not horeby,
loaned to the Tonantop than Ir{ that avant tlx.e Landlord sh ►11
pay tense on all of the prooiioes deeeribed in said dead
#reept.that portion harebq Isased.
As additional rental, the jionants shall hareby agree to
Pay for all fire Issuranee presiuna on #11 buildings 1*oated
on the leaved Promise; mod Bald fire insoraaoe pallaies'
shall be an the sus of 015ioo6e In vase of daosge or de-
struction by'rirs to the destined pr*0115 , the Landlord ahal
Mae the prosesds of the fire lnsurahos po110148 for the r"
pair or replaoesant of the w"god or destroyed build"$.
The 2onante shall Alin osrry a'0ensral pnbllo Li610111ty
pellay Su behalf of the LRAAIYrds LA .tho amounts of '
#1os000 r i2Qs000.. ,
The Tenants 'aliall;ltst leeoi or sublosso any portion
.a� %S ii;i�. �} :1),x ��%{• �!Y.tf ..:'/^3.. 11ti •; i.�y :' �.;. +.r, . ';
i.., ..ti'•.L�... ..+c`3 l:..e.eA ..e : °i. S.Ca J,r4' +Gi'......0 ::✓� "....-•!.o
i
J.
i
1
i
JUL-22-04
03:39 AN I
WIM111
6 Pt 11
{J r
C,
iaids,In to;, , t, he 'Ifik11 .b*6 Made by•th#
Tonanbs'a0�t4eSr ;0ts cost arA Upadob slid shall become the
proi4rtr or the iand2orrd at the termination of this leave.
'that said
Tenants agr6o,that the Paid Landlord amd.
Axersts, and other represantailvem, shall have th6• rlght to
enter into and Upon 8414 pray qloiao or any port thereof, at
All raaaonabI6 hours for the purpose or examining the somas
or masking such repairs or AIC'oritlonm therelp as may be
n000ssary for the safety And'prasorvation thereof.
xf wouit be made In the covonarsts pertaining to taxes
and Insurance heroin tontalnod, then It shall to lawCul for
the Landlord to re -enter the maid leased pronlasa and the
GP'46 to have Again, repossess And enjoy.
And the Bald Landlord 4*on covenant that the said
Tenants on performing Use cov6nassta Aforesaid, shall And
may pOaOe&1bly.an4 qUiotly have, hold and enjoy the said
damieed promises rap the term, aforesaid.
rN WITNkSS WRIMEOP, wo plartlaa hnw intorchangeably
set their hands and souls tl o' day and year firebove
written. le w!:�44V<,
An or
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' COVNTi. OPT SVISSVAA;., I •. ' •, ' k•
I IMSMY 0 TIfiY. that on thla day poroonally Appeared
before met an otftaer duly:suthorlxe4 tq administer daths
and take aolmow'l.edgmsntei :1ANV8G'Tr: ROCXOWSR, and RATTIE
�•• Rockowx", to me well knownito be the perioYte da�eribed in
and who executed thi foregbin`g leaser and acknowledged
before me rhst they exeout1d the aama freely and voluntarily
for the purpose' therein expressed.
AND 1 PORTHZR CWTIPYi That the said RATTIE ROCKOWtR,
known to met to be. the idfe of the said SAM= b. ROCPOVMR.
on a separate and private c$.aminatioh taken and made by
aril before me, separately pnd apart from her void husband,
did acknowledge that she mods herself A party to eald 100e61
for the purpose oir . renounaing, relinquishing and conveying
all her right, title and interest, whether dower, homestead
or of separate property, aGatutory or equitablo, in and to
the broadens described theRtte1n, and that She executed the
r
said lease freely and voluntarily and without cny 000tpulaion,
constraint, apprehension qr fear of or tram her said
husband, 1"
WITMZS my hand. and,ottiolal Beal at
County of Sullivan and State of New York, thin
4ay of September, A.D, 196.,
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in the State of 1esd
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this 0&1 P046=117 AYP*Ar#d
before "p an qrioer. auly slubhorizod to administer oaths
And take aoknavledgauint JRNMR XAW mind CAM. LAM, to R*
well knLva to be the p!70no de6ehbod in and who ' ozeautad
the foregolbs lease, And taknowlefted botoro me �thit they
executed the so=* ira4y and voluntarily for the purpose
thoroln 6xpr0000d.
AND I PURTRA CERTIFY, 'That the said JMWIR LAXS,
known to vie, to be the wire of tho said CARL LAKS, on a
`separate and private examination VAX&n and made bly And
before me, separately And apart Cpom her said husband,
',{did aeknOW16daa that the mada horqolf a party to said Itago
','for the purpose of ronounaingv voiInquiahing and conveying
1011 her right, title And interest' Whether doid6r, holumateAd
or at sopArato property, statutory or aquitablog In and to
the promises doscrlbed therein, And that oho ogeouted the
;Said lease frooly and voluntarflyi.and without Any compulsior
cons txAJnt, Approbanalon or fear of or from r a id husband
WT IMPS4 my hand and orTjcjal::O*Al at
:County of Sullivan end State of Nev V Yorkr this A)
Any of Soptember, A-D, 1953.
ary publio
County Hotel Public Slllllvys,Dii, 00. 451�'
in $he $1310 01 NO" q
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Jun 01 05 02:29P Lott & Levine
LOTT Sc LEvINE
ATTORNEYS AT LAW
Gson x J.1. =
%xca D. rsysarx (SDsa -,sea)
Junel,2005
Luis R. Figneredo, Esquire
Office of the City Attorney
City of South Miami
3225 Aviation Avenue, Third Floor
Miami, FL 33133
Re: City of South Miami
4300 S.W. 58 Avenue, South Miami, FL
Folio No. 09 -4024 -000 -0620 (the "Property ")
Dear Mr. Figueredo:
(3051 670 -0701 P•3
DADELAND CENTRE. SUITE 1014
0165 60. DAOCLAND DOULEVARD
Xx xx, FWUIDA Game
TELCPNONC (306) 670 -0700
FAX t303) 670.0701
The property located 4300 S.W. 58 Avenue is owned by The Young Men's Christian
Association of Miami, Florida, pursuant to the following Deeds:
1. Warranty Deed from Giffen Industries, Inc. to Young Men's Christian Association of
Miami, recorded on December 28, 1956, in Official. Records Book 4384, at Page 283,
of the Public Records of Miami -Dade County, Florida.
2. Quit Claim Decd from R.G. Lassiter and W.W. Amer, as surviving Trustees of Bull
Dog Dredging Company, to Young Men's Christian Association of Miami, Florida,
recorded in Official Records Book 18, at Page 528, of the Public Records of Miami -
Dade County, Florida.
3. Warranty Deed from Ben K. Lassiter and Dorothea Lassiter to The Young Men's
Christian Association of Miami, Florida, recorded on January 11, 1957, in Official
Records Book 18, at Page 531, of the Public Records of Miami -Dade County,
Florida.
Please note, however, that there is a discrepancy between the name of the Grantee as
appearing in the three above referenced Deeds ( "The Young Men's Christian Association
of Miami, Florida ") and the City's Ordinance authorizing the purchase of the Property,
which refers to "YMCA of Greater Miami ". I assume that, at some point in the past,
there was a formal name change with the Florida Secretary of State. This will need to be
verified and the appropriate documents recorded in the Public Records of Miami -Dade
County.
Jun 01 05 02:28P Lott & Levine (305) 670 -0701 p.2
Other matters affecting title to the Property are as follows:
1. Mortgage !Encumbrances: None
2. Taxes: The parcel identification for the property is 09 -4024- 000 -0620. No taxes for
2004 were assessed against the Property because of a fraternal organization tax
exemption. No taxes for years prior to 2004 are outstanding.
3. Other Liens: None.
4. Easements /Restrictions/Reservations:
a. Right of Way Decd to Dade County recorded in Official Records Book 3935, at
Page 239, Public Records of Miami -Dade County, Florida_
b. Reservations contained in Decd from Board of Commissioners of Everglades
Drainage District recorded in Deed Book 2566, at Page 189, Public Records of
Miami -Dade County, Florida.
This opinion is subject to the following exceptions:
1. Taxes for 2005 or special assessments which are not shown as existing liens
by the public records.
2. Rights or claims of parties in possession not shown by the public records.
3. Encroachments, overlaps, boundary line disputes, and any other matters which
would be disclosed by an accurate survey and inspection of the Property.
4. Easements or claims of easements not shown by the public records.
Copies of the above referenced Dccds and other instruments arc enclosed. After you
have had the opportunity to review these copies and my foregoing comments, please contact me
if you have any questions.
GJL:amj
Enclosures
cc: lave Boutsis, Esq.
Very trulyypurs,
Lott
LOTT & LEvi2gn
EXHIBIT E
Lease Agreement
Page 25 of 25
LEASE AGREEMENT
THIS AGREEMENT is made and entered into this I st day of December, 2005 by and
between the City of South Miami, a political subdivision of the State of Florida, (hereinafter
referred to as the City) and The Young Men's Christian Association Of Greater Miami, a
registered non - profit corporation, (hereinafter referred to as YMCA), and is duly attested to by
the signatures of authorized officials of each organization.
WITNESSETH:
WHEREAS, the City is the owner of South Miami Park (hereinafter referred to as the
"Park "), a 10 -acre park and recreation facility located at 4300 SW 58h Avenue, South Miami,
Florida 33143; and,
WHEREAS, the City wishes to provide the greatest number of recreational programs
possible to its residents; and,
WHEREAS, the City and YMCA (collectively the "Parties ") desire to enter into this
Lease Agreement for the YMCA to lease the real property depicted and scored in yellow on
Exhibit "A" attached hereto; and the improvements located thereon ( "Leased Property ").
WHEREAS, YMCAs have been serving their communities for nearly 150 years by
meeting the needs of families and individuals.
WHEREAS, the City and the YMCA recognize that the health, social service and
recreational programs offered and operated by the YMCA will provide the citizens of South
Miami with significant benefits.
WHEREAS, the City and YMCA desire the longest term relationship allowable under
the City Charter to maximize the period that the YMCA's programs and services benefit the
South Miami community.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
in this agreement, and for other good and valuable consideration, the receipt and legal sufficiency
of which is acknowledged by both parties, the parties agree as follows:
1. RECITALS - WHEREAS CLAUSES The parties acknowledge and agree that the
recitals, whereas clauses, set forth above are true and correct and are incorporated by reference
into this Agreement.
2. TERM OF AGREEMENT The initial term of this Agreement shall be for fifty
years, the longest term permitted under the City Charter fifty years and shall begin on September
1, 2005 and terminate on August 31, 2055.
(i) During the final year of the lease term, the city, provided that the YMCA has complied
with the terms and conditions of the lease agrees to consider, in it's sole discretion, a renewal of
the lease agreement in accordance with the City Charter.
(ii) In the event, that the City Charter is amended to authorize lease agreements of city
owned property to extend beyond fifty years, this agreement shall be amended to allow for the
maximum term permitted under the charter amendment.
3. PROJECT FINANCING
3.1 Borrowings. Upon receipt of a written request from the YMCA, the City will
use commercially reasonable efforts to participate in the Florida League of Cities Municipal Loan
Program and borrow (collectively referred to as the Borrowings) the funds required to develop
the new community center to replace the existing Recreational Facilities. The Borrowings shall
equal $8,000,000.00. Prior to submitting an application to the Florida League of Cities, the City
Commission must be reasonably satisfied that the YMCA has the financial capacity to repay the
Borrowings. By entering into this Agreement, YMCA agrees to pay the principal of, and interest
on, all loans that comprise the Borrowings, and this obligation of the YMCA shall be
collateralized and guaranteed by the YMCA in a manner acceptable to the City Commission.
The City's commitment to use its commercially reasonable efforts to borrow funds as provided
for in this paragraph 3.1 expires on the fifth anniversary of this Agreement.
3.2 Field Lighting. As additional consideration for the underwriting the community
center discussed in 3. 1, the YMCA shall contribute $250,000 from the Borrowings to be utilized
for the installation of the field lighting.
3.3 Payment of Rents and Notes. YMCA shall pay the City (i) a Base Rent of
one dollar per year; and (ii) the payments due under the YMCA Notes for payment by City.
3.4 Delivery of PaMents. Payments shall be by check made payable to "City of
South Miami" and, unless instructed otherwise in writing by the City, delivered to:
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Attn: City Manager
3.5 Delinquency. The payment for the YMCA Note is delinquent if not received
by the City ten (10) days before the respective due date for loan repayment. The City may assess
the YMCA a charge of 18% per annum on a pro rated basis until such amount is paid in full. If
the payment remains delinquent for thirty (30) days after the date which such payment is
otherwise due, an Event of Default shall have occurred, and the City may proceed to exercise all
of its rights.
Page 2 of 17
3.6 Furnishings. Upon the expiration of this Agreement, all property, including
furnishings, fixtures and equipment located within the Recreational Facilities will become the
property of the City with the exception of furnishings acquired by the YMCA through donations
specifically designated for use by YMCA programs.
3.7 Feasibility Study. Within, thirty days from the effective date of this
Agreement, the YMCA shall retain a consultant to evaluate and prepare a report concerning the
feasibility of replacing the existing on -site Recreational Facilities with a new community center.
If the study concludes that the membership revenue generated by the YMCA at this location and
the market can support the principal and interest payments required by the Borrowings and the
YMCA determines in its sole discretion that it is feasible to construct a new community center,
the YMCA agrees to complete construction of the community center within five years of the
effective date of this Agreement, provided that the City makes available to the YMCA the
Borrowings. In the event that the YMCA, elects not to build a new community center, the
YMCA agrees to deposit $20,000 annually into a segregated escrow account to be utilized for
improvements, maintenance and repairs. The parties shall mutually agree on maintenance,
repairs, and replacements to be performed
3.8 Review of Agreement. The Parties agree to meet every three years during
the term of the Agreement for the purpose of reviewing the Agreement to address potential
changes in the operations of the facilities.
4. DEFINITIONS For the purposes of this Agreement, the following terms will apply:
4.1 "Recreational Facilities" means existing and fixture recreational structures located
within the Park property that include but are not limited to the basketball courts, racquetball
courts, swimming pool, recreation center and office building and lectedd located on the Leased
Property.
4.2 "Downrite Fields or Fields" means all open -field space located within the Park
suitable for recreational programming.
4.3 "Common Areas" means all areas not typically associated with recreational
programming opportunities and will include parking areas, whether paved or un- paved, transition
areas and buffer zones.
4.4 "Charter" means the municipal charter of the City of South Miami, Florida.
4.5 "City" means the City of South Miami, Florida. .
4.6 "Default Rate" means eighteen percent (18 %) p.a. for purposes of subparagraph
3.4.
4.7 "Development Code" means the City of South Miami Land Development Code as
in effect on the Effective Date hereof and as amended from time to time.
Page 3 of 17
4.8 "YMCA Notes" shall mean the YMCA's obligation to pay the principal of, and
interest on, the Borrowerings made by the City and evidenced by promissory notes duly executed
and delivered by the YMCA to be used exclusively to construct new community center on the
Leased Property.
5. USE AND OPERATION OF THE LEASED PROPERTY
5.1 The YMCA shall ensure that every program event it operates on the Leased
Property and on the Fields is adequately staffed to ensure that every activity sponsored by the
YMCA is properly supervised.
5.2 The YMCA shall be responsible for all utilities and additional operating costs
associated with the Leased Property and /or programming offered by the YMCA.
5.3 The restroom facilities located on the Leased Property will be available to all Park
patrons during Park hours.
5.4 The City will be responsible for the complete operation of the fields located
within the Park. The City will be responsible for maintaining all common areas within the Park.
6. PROGRAMMING AND RIGHT OF FIRST REFUSALThe Parties agree to meet on
or about August 1 of each year (the "annual scheduling meeting ") in order to coordinate a
schedule for use of the Downrite Fields located within the Park for the upcoming fiscal year
(October 1 through September 30). During the lease term, 10% of playable field space each year
shall be made available to the YMCA for its use and 100% of the field space shall be made
available Monday through Friday from 9:00 a.m. to 5:00 p.m. during June and July for the
YMCA's annual Summer Program. After, termination of all daily summer programs the fields
shall be cleaned up and available for use by the City by 6:00 p.m. The City will be granted the
right of first refusal to conduct activities, events or programs on the Leased Property at no
charge. Similarly, the YMCA will be granted the right of first refusal to conduct activities,
events or programs at no charge on the bownrite Fields during days and times not previously
scheduled ( "open dates ") as determined at the annual scheduling meeting. Each Party's right of
first refusal must be exercised within thirty days of the annual scheduling meeting, otherwise the
open dates may be made available to a third party. Each Party shall establish and use its best
efforts to manage and operate their respective locations diligently and professionally, in the best
interests of the City and the YMCA, and in accordance with industry standards. The YMCA shall
make available opportunities for other duly recognized community organizations to use the
facilities, at a reasonable charge to cover expenses, and on a space available basis, and when
access does not interfere with membership services or regular YMCA programs. The YMCA
will provide professional staffing necessary to ensure high quality programming during the
specified operating hours.
7. MAINTENANCE Each party shall provide for the complete maintenance and upkeep
of their designated locations on a seven -day per week basis, during operating hours typically
associated with community recreation programs. Each party will be responsible for paying for
one half of the total cost for garbage and trash removal from the site. In the event that either
party conducts an event that requires additional garbage and trash removal, then said party will
be responsible for paying for the additional services required.
Page 4 of 17
7.1 YMCA shall be responsible for the following:
a) YMCA shall provide on -going maintenance and janitorial services for the
Leased Property and shall maintain the Recreational Facilities in good condition, at its own cost
and expense. The City will provide the necessary janitorial supplies including all necessary
cleaning supplies and paper products for the restrooms.
b) YMCA shall provide litter control and janitorial services to (i) the Leased
Property and (ii) the portion of the Downrite field that it utilizes daily during practices, league
play and tournaments. If the City determines that litter control and janitorial services are not
being provided effectively, the City will provide 48 hours written notice to YMCA to correct the
condition. If the YMCA does not correct the uncleanly and unsanitary condition within 48 hours
of receiving the written notice, the City will provide the service and bill YMCA for the cost of
service and the YMCA will pay all costs related to this service.
c) If the City determines there are maintenance needs, the City will inform the
YMCA representative, by electronic mail, or mail of the needs. Response times to correct these
needs shall be as follows:
i. Needs that the City determines in its sole discretion do not present a
safety concern must be corrected within 30 days, unless the corrective work takes
more than 30 days to correct and the YMCA is diligently pursuing same.
ii. Needs that the City determines in its sole discretion present a minimal
liability /safety concern must be designated by signage and the public prevented
from access to the area of concern within 24 hours and the problem shall be
corrected within 7 days, unless the corrective work takes more than 7 days to
correct and the YMCA is diligently pursuing same.
iii. Needs that the City determines in its sole discretion present a
significant liability /safety concern must be designated by signage and the public
prevented access to the liability immediately and the problem shall be corrected
with 48 hours, unless the corrective work takes more than 48 hours to correct'and
the YMCA is diligently pursuing same.
d) If the YMCA does not correct any maintenance /vandalism needs within the
time allowed, the City will have them corrected and will bill the YMCA for the cost of the
repairs and the City will be entitled to full payment for those repairs.
e) The YMCA shall be responsible for all related costs of operation of the
recreational facility including but not limited to staffing, repairs and maintenance, materials,
supplies and utilities associated with the operation and maintenance of the Leased Property.
f) The YMCA shall be responsible for locking the entrance gate and turning off all
lights when YMCA programs are the last to finish at night.
g) During the times that the YMCA uses the Fields, the YMCA shall collect all
litter from the Fields and place it in the on -site dumpster for removal by the City.
Page 5 of 17
h) During the times that the YMCA uses the Fields, the YMCA will be
responsible for all costs associated with the operation of the Fields including future field lighting.
7.2 City shall be responsible for the following:
a) Turf maintenance including all mowing, fertilization, aeration, pesticide
control, weed control, field preparation and field marking.
b) Irrigation repair and maintenance including pumps, lines and sprinkler heads.
c) Litter removal from the fields in use by City programs.
d) Pruning of trees and shrubs throughout the Park.
e) Weeding of landscaped areas and Common Areas.
f) Removal or painting out of graffiti.
g) Opening the entrance gate for the City use of the Park and locking the entrance
gate and turning off all lights when City programs are the last to finish at night.
h) All utilities associated with the operation and maintenance of the Fields,
including future field lighting.
Park.
i) Repaving, repairing and maintaining the parking areas of the Common Areas.
j) Repairing and maintaining the fences and locks around the perimeter of the
k) Providing security to the Park.
8. HURRICANE/EMERGENCY PROCEDURES
8.1 Both parties will jointly develop operating procedures to be followed in the c\ ent
of a declaration of a "State of Emergency" by the Governor of Florida or by the City. At a
minimum, these procedures will provide for preparations, notifications, etc. provided for in the
City's current Hurricane Preparedness Manual.
8.2 Each party will be responsible for contacting the proper authorities (South Miami
Police Department, Miami -Dade Fire Rescue, etc.) in the event of an emergency during each
party's use of the Fields or the Leased Property.
9. HOURS OF OPERATION The YMCA will open and close the Leased Premises as
follows:
• Monday through Sunday from 9:00 a.m. to 6:00 p.m.
Notwithstanding the foregoing schedule, the YMCA may provide additional hours of
programming of the Recreational Facilities, and will submit such additions to the City in writing
Page 6 of 17
not less than 30 days prior to the effective date. The minimum hours of operation will be
adjusted in the event that athletic field lighting becomes available.
10. FEES The YMCA will establish a fee schedule for activities and programs conducted at
the Leased Property. The YMCA will establish the membership and program fee schedule in its
sole discretion provided said fee schedule is generally in accord with the fees charged by
recreation service providers at other comparable locations. The YMCA programs and activities
shall be open to all upon payment of the applicable fee without regard to age, race, religion,
color, sex, place of residence, or national origin and meet all ADA requirements. It is understood
that typical YMCA fees may be charged, and the YMCA will seek financial assistance to include
those who cannot afford the fees within the limit of YMCA resources. The YMCA shall make
every effort to allow participation by all children, regardless of their ability to pny.
11. INSURANCEANDEMNIFICATION The City shall not be held liable or
responsible for any claims which may result from acts, errors or omissions of YMCA, its
subcontractors, suppliers or laborers. In reviewing, approving or rejecting any submissions or
acts of YMCA, the City in no way assumes responsibility or liability for the acts, errors or
omissions of YMCA or its subcontractors.
YMCA shall not commence work under this Agreement until it has obtained and submitted proof
of all insurance required by the City. YMCA shall defend, indemnify and hold the City harmless
from any and all claims, liability, losses, expenses and causes of action arising solely out of a
negligent act, error, or omission or misconduct of YMCA, or YMCA's subcontractors, members,
invited guests, suppliers and laborers incident to the performance of YMCA's services under this
agreement. YMCA shall pay all claims, losses, fines, penalties, costs and expenses of any nature
whatsoever resulting from its intentional misconduct or negligence.
YMCA shall maintain during the term of this Agreement the following insurance:
A. Comprehensive general liability insurance with broad form endorsement, completed
operations and products liability, contractual liability, severability of interest with cross liability
provision, and personal injury and property damage liability with at least a combined single limit of
$1,000,000.00 per person and $2,000,000.00 per occurrence for bodily injury and property damage
liability. The policy or policies shall name City as additional insured and shall reflect the hold
harmless provision contained herein.
B. Physical Property Damage Insurance covering all real and personal property in
Leased Property in an amount equal to at least one hundred percent (100 %) of the replacement cost
of all such property.
C. Workers' Compensation Insurance in compliance with Chapter 440, Florida
Statutes, as presently written or hereafter amended.
D. The policies shall contain waiver of subrogation against the City where applicable
and shall expressly provide that the policy or policies are primary over any other insurance that the
City may have. The City reserves the right to request a copy of the required policies for review. All
policies shall contain a "severability of interest" or "cross liability" clause without obligation for
premium payment of the City.
Page 7 of 17
E. All insurance policies required must be written by a company or companies rated at
least "A" as to management and at least "Class X" as to financial strength in the latest edition of
the Best's Insurance Guide, published by Alfred M. Best Co., Inc., Fulton Street, New York, New
York, and qualified to do business under the laws of the State of Florida.
F. The policy or policies of insurance required shall be written in a manner such that
the policy or policies may not be canceled or materially changed without 30 days advance written
notice to the City. Written notice shall be sent to Director of Finance, at the above address:
City of South Miami
To the Attention of the Finance Director
6130 Sunset Drive
South Miami, Florida 33143 -5093
G. YMCA shall furnish certificates of insurance to the City prior to the
commencement of operations. The certificates shall clearly indicate that YMCA has obtained
insurance in the type, amount, and classification as required for strict compliance with this
paragraph.
Compliance with the foregoing requirements shall not relieve YMCA of its liability and obligations
under this agreement.
12. HOLD HARMLESS In addition to the insurance coverage provided to the City,
the YMCA shall hold the City, including its officials, employees and representatives, harmless
and indemnify it against all claims, demands, damages, actions, causes of actions, liability, costs,
expenses, and attorney's fees arising out of, or resulting from, injury to or death of persons, or
damage to or loss of property, sustained on or about the licensed premises, arising from the
negligent use, acts, actions, omissions or failures to act of the YMCA or of any of its employees,
agents, representatives, invitees, or guests. Additionally, the protections provided by this
provision shall also include any costs, expenses, or legal fees the City may incur in establishing
that the YMCA or its insurer are responsible to provide protection, coverage, and representation
to the City, its officials, employees, and representatives for any incident that may occur during
the term hereof.
The City shall hold the YMCA, including its officials, employees and representatives, harmless
and indemnify it against all claims, demands, damages, actions, causes of actions, liability, costs,
expenses, and attorney's fees arising out of, or resulting from, injury to or death of persons, or
damages of property, sustained during City's use of the Leased Property or Downrite Fields.
13. CONCESSION OPERATIONS Each party will retain the right to operate food and
beverage concessions at their respective locations. All such operations must meet all current
laws, ordinances, rules and regulations governing the preparation and dispensing of food and
beverage products. Commodities to be sold at the concession stand shall include food, drinks and
snacks and must be sold at prices comparable with other like concessions in the surrounding area.
No items may be sold in glass containers. No alcoholic beverages may be sold or consumed at
the Park. The Parties may collaborate with other organizations to operate their concession
operation. Each party will furnish all necessary equipment and supplies needed to operate and
maintain their respective concession operations.
Page 8 of 17
14. JOINT USE /PROGRAMMING The Parties agree to make their best efforts to work
together whenever possible to conduct mutually beneficial programs and events. The City and
YMCA agree, as a basic starting point, to meet regularly as needed to review programs and
proposed schedules and to assure that any program competition is minimized. Neither the YMCA
nor the City shall have the power, right, or authority, expressed or implied, to act or perform its
duties in such a way as to commit, obligate or bind the other, except as expressly provided in this
Agreement and only to the extent specifically set forth herein.
15. REVENUES Each party shall be entitled to all revenue generated through their
respective programming activities and concession operations at the Park.
16. EXAMINATION AND RETENTION OF YMCA'S RECORDS All YMCA
revenue records and accounts must be kept according to generally accepted accounting
principles. The City, or any of their duly authorized representatives, shall, for a period extending
three years from the date of termination of this Agreement have access to and the right to
examine any of YMCA's books, ledgers, documents, papers, or other records involving
transactions related to the operations of the Park for the purpose of making audit, examination,
excerpts, and transcriptions.
The City may, at reasonable times inspect YMCA's facilities (if applicable) and perform
inspections, as the City deems reasonably necessary, to determine whether the services required
to be provided by YMCA under this Agreement conform to the terms of the Agreement. YMCA
shall make available to the City all reasonable facilities and assistance to facilitate the
performance of inspections by City representatives. If, in the City's sole determination, the City
is required to take corrective action to ensure proper maintenance of any Recreational Facilities,
the City may require the YMCA to reimburse the City for such action.
YMCA understands that the public shall have access, at all reasonable times, to all documents
and information pertaining to City contracts, subject to the provision of Chapter 119, Florida
Statutes, and agrees to provide City personnel with access to its records in order to allow the City
to respond to public record requests. YMCA's failure or refusal to comply with the provisions of
this paragraph shall result in the immediate cancellation of this Agreement by the City.
The right to access and examination of records in this paragraph shall continue until disposition
of any mediation, claims, litigation or appeals.
17. PUBLIC DOCUMENTS All documents, reports, plans, specifications or other
records, including electronic records, between the YMCA and the City under this Agreement are
public records, and may be subject to public inspection and copying, as provided by Chapter 119,
Florida Statutes.
18. ALTERATIONS AND IMPROVEMENTS The YMCA shall not make any
permanent alterations, improvements or additions to the Leased Property without the prior
written consent of the City, which consent will not be reasonably withheld. Any alteration,
improvement or addition to the Leased Property, approved by the City, shall be designed,
constructed, installed and maintained in a good, safe and workmanlike manner, complying with
all applicable building codes, and shall be paid for in full by the YMCA. Upon expiration of the
lease term or any option term, any such alteration, improvement or addition to the Leased
Page 9 of 17
Property including but not limited to the new community center shall become the property of the
City.
19. FACILITY RENOVATIONS The YMCA shall commence the planned .
renovations identified in the attached Exhibit `B" ( "Renovations ") within thirty days of receipt of
written approval from the City, and shall complete the renovations within 180 days.. The
Renovations performed by the YMCA shall be conducted at the YMCA's expense and shall
conform to all applicable laws and codes.
20. PROHIBITED ACTIVITIES The YMCA shall only use the Leased Property for
those activities contemplated by this Agreement. The YMCA represents and warrents that it will
not use the Leased Property for any unlawful purpose and shall comply with all laws and
permitting requirements applicable now, or in the future, to the operation of the Leased Property.
The YMCA shall not permit any offensive, or dangerous activity, nor any nuisance or other
conduct in violation of the public policy of the City, county or state on the approved premises.
21. NON- DISCRIMINATORY PRACTICES In the operation of the YMCA program at
the approved premises, all management and operational services, including those activities
related to direct contact with the public, and those involving the hiring, treatment and
advancement of employees, the YMCA shall not discriminate in any manner based :upon race,
color, creed, religion, ancestry, national origin, gender, age, physical /mental handicap or in any
other manner.
22. EVENTS OF DEFAULT BY YMCA The following events are hereby defined as
"Events of Default" by YMCA:
22.1 Failure to Pay. Failure of YMCA to pay any, debt service on the Borrowings, or
any other payments of money as herein provided or required when due shall constitute a
monetary default of YMCA hereunder. In the event that any debt service on the Borrowings, or
other payment of money is not paid to the City within ten (10) days prior to the date the same
becomes due and payable, the City may assess the YMCA a charge of 18% per annum on a pro
rated basis until such amount is paid in full. If the payment remains delinquent for thirty (30)
days after the date which such payment is otherwise due, an Event of Default shall have
occurred, and the City may proceed to exercise any and all remedies provided herein or available
at law for an Event of Default including but not limited to termination of this Agreement and
institution of foreclosure proceedings. YMCA covenants and agrees to pay to the City interest on
the amount thereof from the date such payment or installment became due and payable to the
date of payment thereof, at the Default Rate.
22.2 Failure to Perform. Failure of YMCA to perform in accordance with or to
comply with any of the covenants, conditions and agreements which are to be performed or
complied with by YMCA in this Agreement; other than those requiring payment of money as
provided in subparagraph 22.1 above, and the continuance of such failure for a period of 30 days
after notice thereof in writing from the City to YMCA (which notice shall specify the respects in
which the City contends that YMCA has failed to perform any such covenants, conditions and
agreements), shall constitute an Event of Default; provided, however, if such default cannot with
reasonable diligence be cured within 30 days and YMCA within such 30 -day period shall have
Page 10 of 17
commenced and thereafter shall have continued diligently to prosecute all actions necessary to
cure such default, then YMCA shall have such additional time as YMCA requires while and so
long as YMCA continues to diligently prosecute all reasonable actions necessary to cure such
default. Until the City has provided YMCA with written notice pursuant to'this subparagraph
22.2 and the time periods for cure set forth in this Agreement have elapsed without such cure
having been effected, the failure of YMCA to perform or comply with the non - monetary
covenants, conditions and agreements of this Agreement shall not be deemed an Event of
Default.
23. EVENTS OF DEFAULT BY CITY The following events are hereby defined as
"Events of Default" by The City:
23.1 Failure to Perform Failure of the City to perform in accordance with or to
comply with any of the other covenants, conditions and agreements which are to be performed or
complied with by the City in this Agreement, and the continuance of such failure for a period of
30 days after notice thereof in writing from YMCA to the City (which notice shall specify the
respects in which YMCA contends that the City has failed to perform any such covenants,
conditions and agreements), shall constitute an Event of Default; provided, however, if such
default cannot with reasonable diligence be cured within 30 days and the City within said 30 day
period shall have commenced and thereafter shall have continued diligently to prosecute all
actions necessary to cure such default then the City shall have such additional time as the City
requires while and so long as the City continues to diligently prosecute all reasonable actions
necessary to cure such default. Until YMCA has provided the City with written notice pursuant
to this subparagraph 23.1 and the time periods for cure set forth in this Agreement have elapsed
without such cure having been effected, the failure of the City to perform or comply with the
covenants, conditions and agreements of this Agreement shall not be deemed an Event of
Default. In the event that the City does not cure timely the defaulting condition as provided for
in this subparagraph 23.1 the YMCA shall have the right to correct the defaulting condition and
receive reimbursement from the City for reasonable costs and expenses incurred with the curing
of such defaulting condition. The City's failure to reimburse the YMCA shall be a breach of this
Agreement.
24. TERMINATION BY DEFAULT Should the either party default on the terms of this
Agreement and fail to cure the default within 30 days as provided for in this Agreement, the
non- defaulting party may terminate this Agreement.
25. TERMINATION BY MUTUAL AGREEMENT This Agreement may be terminated
at the mutual agreement of both Parties prior to the expiration of the initial term or any
subsequent renewal term.
26. COMPLIANCE WITH LAWS The YMCA shall, at its sole expense, comply with
all laws, orders, ordinances, rules and regulations of any governmental authority or quasi -
governmental authority having or asserting authority or jurisdiction. The YMCA shall at its sole
expense execute file and obtain, as applicable, punctually when due, all forms reports, licenses,
permits, and returns required by law in connection with its use and operation of the Leased
Property.
Page 11 of 17
27. ATTORNEY'S FEES In the event of litigation between the parties hereto, arising
out of this Agreement, the prevailing party shall be entitled to attorneys' fees and costs. Neither
party shall be entitled to pre - judgement interest.
28. GOVERNING LAW This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida and shall be determined by a court of competent
jurisdiction in Miami -Dade County, Florida.
29. ENTIRE AGREEMENT The Agreement, when signed by all of the parties,
constitutes the full and complete understanding and agreement of all parties and may not be in
any manner interpreted or fulfilled in contradiction of its express terms. This Agreement and the
incorporated attachments constitute the entire understanding between the parties and integrates
by its terms all previous agreements or understandings, oral or written, between the parties. In
the event of any conflict, the terms of this Agreement will govern over the provisions of any
incorporated documents.
30. SEVERABILITY Should any paragraph or any part of any paragraph of this
agreement be rendered void, invalid or unenforceable by any court of law, for any reason, the
determination shall not render void, invalid or unenforceable any other section or part of any
section of this agreement.
31. CONSTRUCTION OF THIS AGREEMENT The parties agree that this Agreement
is a product of all of their efforts, that it expresses their mutual understandings, and that it should
not be interpreted in favor of either party or against either of them.
32. CONTINGENCY FEE AND CODE OF ETHICS WARRANTY YMCA warrants
that neither it, nor any principal, employee, agent, representative or,family member has promised
to pay, and YMCA has not, and will not, pay a fee the amount of which is contingent upon the
City awarding this Agreement to YMCA.
YMCA warrants that neither it, nor any principal, employee, agent, representative or family
member has procured, or attempted to procure, this Agreement in violation of any of the
provisions of the Miami -Dade County or the City's conflict of interest and code of ethics
ordinances. A violation of this paragraph will result in the termination of the Agreement.
33. WARRANTY OF AUTHORITY The signatories to this Agreement warrant that they
are duly authorized by action of their respective City commission, board of directors or other
authority to execute this Agreement and to bind the parties to the promises, terms, conditions and
warranties contained in this Agreement.
34. ASSIGNMENT /SUBLICENSE The YMCA shall not (i) assign, transfer, pledge or
hypothecate this Agreement, or any interest it may have hereunder, or (ii) sublet the Property or
any part thereof without the prior written consent of the City. This Agreement is binding upon
the successors and permitted assigns of the YMCA and City. The City may in its sole discretion
withhold consent to any request.
Page 12 of 17
35. WAIVER OF DEFAULTS Waiver by the City of any breach or default by the YMCA
under any terms of this Agreement shall not be deemed to nor shall the same constitute a waiver
of any subsequent breach or default on the part by the YMCA.
36. BENEFICIARIES This is an Agreement only by and between the City and YMCA
and for their benefit and the benefit of their successors and assigns permitted by this Agreement.
No other person or party shall be beneficiary hereof or have any rights hereunder, and no rights
are conferred by this Agreement upon any other person or party, whether their name may be used
or otherwise identified in this Agreement.
37. HEADINGS The headings preceding the text of the sections and subsections of this
Agreement are used solely for convenience of reference and shall not affect the meaning,
construction or effect of this Agreement.
38. YMCA AS INDEPENDENT CONTRACTOR The YMCA is acting under this
Agreement as an Independent Contractor and nothing contained herein, no act of the YMCA or
the City, or any other facts or circumstances, shall be construed to establish the YMCA as a
partner or joint venturer or as an agent of the City. The YMCA shall take all reasonable steps in
dealing with third parties to ensure that such parties understand the authority and status of the
YMCA hereunder as that of Independent Contractor.
39. NOTICES All notices, requests and demands to be made or given to the parties hereto
shall be in writing and shall be delivered in reasonable time to the addresses indicated below.
Such notices, requests and demands, if sent by mail, shall be deemed delivered three days after
deposit in the mail, or if delivered by hand or courier, at the time delivered.
City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
President
YMCA of Greater Miami
1200 NW 78 Avenue
Miami, Florida 33126
a) The YMCA shall provide to the City the name address and telephone number of the
individual(s) with daily operational and supervisory responsibilities of the Facilities.
40. RIGHTS OF OWNER Notwithstanding anything contained in this Agreement to
the contrary, nothing contained herein is intended to restrict, or shall have the effect of impairing
any and all rights possessed by the City as owner of the facilities (including, without limitation,
the right of entry into and access to said structures); provided, however, that the City shall not,
when exercising its rights as owner, interfere with, obstruct or otherwise prevent the YMCA
from exercising its duties as operator of the facilities in accordance with the terms and conditions
of this Agreement.
41. PERFOMANCE AND PAYMENT BOND Prior to the commencement of
construction of the new Recreational Facilities, the YMCA in accordance with section 255.05
F.S. shall deliver to the City an acceptable Performance and Payment Bond issued in form and by
such surety as approved by the City, for the full cost of all services and construction.
Page 13 of 17
42. LIENS The YMCA shall not directly or indirectly create, incur, assume or suffer to
exist any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to the Property
or any interest therein. The YMCA shall promptly, at its own expense, take such action as may
be necessary to duly discharge any such mortgage, pledge, lien, charge, encumbrance or claim if
the same shall arise at any time.
43. REASONABLENESS OF APPROVALS Nothing in this Agreement shall be
construed to waive or limit the City's governmental authority as a municipal corporation and
political subdivision of the State of Florida. Unless specified otherwise, where approval or
consent of the City is required under this Agreement, such consent or approval shall be deemed
to refer to the City's consent or approval as a property owner, such consent or approval shall be
contractual in nature and shall not be in lieu of any required governmental approval of the City.
44. YMCA EMPLOYEES The YMCA agrees to conduct thorough background checks
on all of its employees and volunteers. The YMCA may conduct criminal history checks on any
YMCA personnel when the YMCA deems it necessary to protect the health and safety of its
guests, members or employees. The YMCA may retain the City to perform the criminal and
background checks contemplated by this Agreement.
The YMCA understands and covenants that it shall not employ, or accept voluntary services
from any individual who has been suspended on the grounds of unethical or immoral behavior,
including improper sexual or physical conduct with children or students. Violation of this
provision will result in immediate termination of the Lease.
45. RECOGNITION OF DOWN -RITE ENGINEERING'S CONTRIBUTIONS The
City agrees to name the Fields "Down -Rite Field" in recognition and appreciation of the
contributions made and maintain the such name as long as the Park is owned by the City. The
size and location of the sign shall be as determined by Down -Rite, provided such the sign
complies with the City code of Ordinances.
46. HONORARY MEMBERSHIPS FOR SOUTH MIAMI RESIDENTS The YMCA
agrees to offer City Residents (i) the right to become honorary members of the new community
center without paying an annual YMCA membership fee and (ii) YMCA programs at a
discounted fees.
47. COMPETITIVE SELECTION OF CONSULTANTS AND CONTRACTORS In
the event that the YMCA utilizes the Borrowings or any other funding procured by the City to
design and build the community center the YMCA shall comply with any competitive bid
requirements imposed by the lender.
48. SURRENDER OF THE PREMISES Upon termination of this Lease, the YMCA
shall remove its personal property and surrender possession of the Premises in its "as is"
condition. The YMCA shall have no responsibility for making any extraordinary repairs or
replacements, or be required to make any representations or warranties concerning the condition
of the Leased Property upon surrender.
49. TIME OF ESSENCE Time shall be of essence with regard to the performance by the
YMCA and the City of all of their respective obligations under this Agreement.
Page 14 of 17
IN WITNESS WHEREOF, the parties hereto have caused their names to be signed and their
seals to be affixed, all as of the day and year indicating their agreement.
Attest: For City:
C ^
'°Q�j �' "" —
CITY CLERK ,j' CITY M GER
For YMCA:
SECRETARY S NT
Alfred Sanchez
President and CEO
Approved as to form and legal sufficiency:
City Attorney
C: /My Documents/Word Documents/YmcaagrRev5
Page 15 of 17
EXHIBIT A
Legal Description of Land
The S 1/2 of the SW 1/4 of the NE 1/4 of the NE 1/4, less the East 25 feet, and the S 1/2 of the
SE 1/4 of the NW 1/4 of the NE 1/4, in Section 24, Township 54 South, Range 40 East, lying and
being in Miami -Dade County, Florida.
Page 16 of 17
,ADJACENT
In in BUILDING
� BUILDING
_ 1 25'W
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ASPHALT Iq PiA V E M E N T
f _ _ /44.6• l it Ll
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LEA T a I T � 3S.3S FII Z P 4p•2 65 0
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EXHIBIT
EXHIBIT B
Planned Park Renovations
1. Downstairs locker rooms:
• Acoustical drop ceilings
• Upgraded lighting
• New interior doors and hardware (ADA)
• New bathroom configuration (ADA) partitions and stalls
• New counters, fixtures, lavatories (ADA)
• New restroom paper dispensers and receptacles
• Downstairs painting
• New benches and seating (ADA)
• New water fountains
• Placement of a French drain at the lower -level of the YMCA building.
2. Pool repair and cleaning:
• Locate and repair leaking pipes
• Repair of pool finish
• Replace D.E. filters
• Acid wash and pressure clean
• Re- filling of the pool
3. Exterior painting:
• Pressure clean and painting of the four exterior buildings
• Pressure cleaning of all exterior sidewalks
• Pressure cleaning of the four courts
4. Additional Grounds Work:.
• Finish sidewalks at entrance /exits to parking lot (2 locations)
• Research slope requirements of sidewalks for any necessary changes (ADA)
Page 17 of 17
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COURTESY NOTICE
CITY OF SOUTH MIAMI, FLORIDA
On Tuesday, June 7 2005, beginning at 7:30 p,m., In the City Commission Chambem,
6130 Sunset Drive, the City Commission will hold Public Hearings to consider the
following items;
AN ORDINANCE AUTHORIZING THE PURCHASE OF THE PROPERTY
LOCATED AT'43DO SW 55TH AVENUE CONSISTING OF A RECREATIDN
CENTER AND ADMINISTRATIVE OFFICE BUILDING, BASKETBALL COURTS,
A RACQUETBALL COURT, SWIMMING POOL, AND APPROXIMATELY .7
ACRES OF OPEN FIELD SPACE, WITH DEPT SERVICE CHARGED TO THE
NON- DEPARTMENTAL DEBT - SERVICE —YMCA ACCOUNT CODE
001.2100.519. 9927, AUTHORIZING THE CITY TO ACCEPT THE DEED TO THE
PROPERTY UPON CLOSING AND REQUESTING TAX EXEMPTION OF THE
PROPERTY.
AN.ORDINANCE APPROVING A LEASE AGREEMENT BETWEEN THE CITY
AND THE YMCA OF GREATER MIAMI, INC., FOR THE LEASE BY THE YMCA
OF THE RECREATIONAL FACILITIES LOCATED AT 4300 SW NTH AVENUE
AN ORDINANCE At IEN61NO THE CITY OF SOUTH MIAMI CODE OF
ORDINANCES, BY REVISING CHAPTER 11 (GARBAGE & TRASH), SECTION
11 -21(8) EMITTED "EXTENT OF SERVICE AND POINTS OF COLLECTION -
DOMESTIC TRASH" IN ORDER TO ALLOW THE PLACEMENT OF LAWN AND
YARD CLIPPINGS AT THE CORE FOR COLLECTION MORE THAN TWENTY-
FOUR (24) HOURS PRIOR TO THE SCHEDULED PICIHIP DAY:
AN"6RDINANCE AMENDING THE SOUTH MIAMI LAND DEVELOPMENT CODE
IN ORDER TO PROVIDE FOR STAGGERED APPOINTMENT TERMS FOR
PLANNING BOARD MEMBERS,
AN ORDINANCE AMENDINGTHE DEVELOPMENT AGREEMENT ADOPTED AS
PART OF ORDINANCE NO. 12 -05 -1634 WHICH .APPROVED THE
DEVELOPMENT AGREEMENT FOR A PLANNED BAIT DEVELOPMENT-MIXED
USE PROJECT KNDWN AS RED ROAD COMMONS LOCATED AT 660D -6640
SW 57 AVENUE AND $757 SW 66 STREET, THE PURPOSE OF THE
AMENDMENT IS TO AUTHORIZE THE ADMINISTRATION TO PROVIDE A
SPECIFIC AMOUNT OF PARK AND OPEN SPACE CDNCURRENCY PAYMENT
TO THE CITY AND AMENDING THE DATE FOR PAYMENT.
A RESOLUTION FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL
RESTAURANT IN THE USE UID -0y' SPECIALTY RETAIL HOMETOWN
DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT 73D1
SW 57f r COURL
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ALL Imarested padissars lmieQtoaftend and wit be heard. MINE M. Menendn2"
City Clerk
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ways to spruce up P
Gardens with hopes o
PACKAGE IRMUDE1: pIRPORYHDTFLTNJJ5FEA5,HOTEt RRFA9PAST ACOMMODA90N AND
B"BAOES DO NOT INCLUDE AIRFARE AND DEPARTURE TA%ER
the former bird para,
PERSONS ONS PPERRROUOt 1. SON OLDER OUT DAYS APPLY, PRCCr GOOPERSON URROGHUNE 2> SSIBS
the community's foss
e e
The village is as]
Pinecrest Gardens Foi
to pitch ideas to Or
,a _.... .. ... „c
. happen.
The foundation, a,
15 community leads
Nt 9
DON'T THROW Yo,
formed. last year t
} .e
`
�`
money for the park h
first tiu
` E x
weeks agohe
.�.
,
®® ®g`'
"We talked about
®U9/ or R�llnance � ,.
Mons 1
y as . an inde
Conso!`sdate Your, ���ts
foundation asm tb
of Pinecrest in my !I
t
1
")0 tn60M8- Vel'ItlCattD�l,
ment Bud changes th
1
D :NoBank "State ments
j,, PI g: 8 E • L
bee. made in order to
the park into more of
" Ptii6(18tisPOf�df&_' '€
roundly gathering pla(
.” 1 • •
'- - e
Bruce Toland, a fou
member.
Some ideas in
1-
*o�
tossed around include,
@
a restaurant, jogging p
nic area and a cones)
(- - -
theater at the 22 -act
%i i
former home to Parro
at 11000 Red Rd.
"We
� I
thought we'd
T w &'
group in place and get
rt'i }
make recommender
,�`
us,” said Mayor Guy 1
rkA
Matzaer, who help
-
$4 million for the A
buy the park in 2002,
100 %for
will work closely N
Investment
foundation to raise in,
Properties y
the projects and park
l D8%if at*f"30 yea;
Mustier recently d
„-
I' t '2
with the park's entran,
DtgD DSufe I wOk
a controversial issue
?.6$II�Ot(gO;D�
fsome eel they should pay it
xi. ;prbblems-1 �,tk -, uj drHT ,:..
public park
Before Mummer c
board in November,
"
T�
L? M A M A C !
lags built a water pla;
'
for lads Bud a buttertl,
DREAM MATO;RS MORMAGE CORP. {
in the park
1714 SW 57 Avenue, Miami, FL 33155
Also approved but
Tel: (786) 3BB -9698 Toll Free 1- 866 -386 -8654 Fak: (786) 388 -9BT t t
permits: a two - story,
Email: dreammakersmogg@bellSDUth.net
tnleresla(eandRoss aresuNect to change ody forml Rule bensaDISID,
'TURN TO GARDENS, 27