2001-01 ORDINANCE NO. 2001-01
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, APPROVING AN AGREEMENT FOR
EXCHANGE OF PARCELS BETWEEN THE CITY OF
AVENTURA AND CONCORDE CENTRE I1 ASSOCIATES;
AUTHORIZING THE CITY MANAGER TO FINALIZE,
EXECUTE AND IMPLEMENT THE AGREEMENT;
PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission wishes to approve the attached Agreement for
Exchange of Parcels between the City and Concorde Centre II Associates ("Concorde") (the
"Agreement"), which provides in part that the City will convey a parcel of land to Concorde in
exchange for a conveyance to the City by Concorde of a parcel; and
WHEREAS, the exchange of parcels provided for in the Agreement is in the best
interests of the public and would facilitate access to and from the Government Center Property;
and
WHEREAS, the City's Charter requires approval by Ordinance of a conveyance of City
owned property; and
WHEREAS, the City also finds that acceptance by the City of the parcel to be conveyed
by Concorde is in the best interests of the public and will further enhance access.
IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That the foregoing "Whereas" clauses are ratified and confirmed as being true
and correct and are made a specific part of this Ordinance.
Section 2. That the City Manager is authorized to finalize, enter into and implement the
Agreement attached hereto as Exhibit "A," together with such modifications as are acceptable to
Ordinance No. 2001-01
Page 2
the City Manager and approved as to form and legality by the City Attorney. The City Manager
is further authorized to execute such additional documentation necessary in order to effectuate
the Agreement including, but not limited to, a special warranty deed, and affidavit, all in a form
and substance acceptable to the City Attorney.
Section 3. That the appropriate City officials are authorized to do all things necessary
and expedient in order to effectuate the finalization and execution of the Agreement and to carry
out the provisions of this Ordinance.
Section 4. Severabilit~. The provisions of this Ordinance are declared to be severable and
if amy section, sentence, clause or phrase of this Ordinance shall for any mason be held to be invalid
or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences,
clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent
that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 5. Effective Date. That this Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Rogers-Libert, who moved its
adoption on first reading. The motion was seconded by Commissioner Berger, and upon being put
to a vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Ken Cohen yes
Commissioner Harry Holzberg yes
Commissioner Jeffrey M. Perlow yes
Commissioner Patricia Rogers-Libert yes
Vice Mayor Jay R. Beskin yes
Mayor Arthur I. Snyder yes
Ordinance No. 2001-01
Page 3
The foregoing Ordinance was offered by Commissioner ltolzberg who
moved its adoption on second reading. The motion was seconded by Commissioner
Rogers-Libert ., and upon being put to a vote, the vote was as follows:
Conunissioner Arthur Berger ~
Commissioner Ken Cohen ,/es
Commissioner Hm:ry Holzberg yes
Commissioner Jeffrey M. Perlow yes
Commissioner Patricia Rogers-Libert yes
Vice Mayor Jay R. Beskin yes
Mayor Arthm' I. Snyder absent
PASSED AND ADOPTED on first reading this 14th day of November, 2000.
PASSED AND ADOPTED on second reading this 2nd day of Ja~nuary, 2001.
() ~IIR~SNYDER
M. SO O , CMO
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ,~TORNEY
AGREEMENT FOR EXCHANGE OF PARCELS
THIS AGREEMENT FOR EXCHANGE OF PARCELS (the "Agreement") is made and
entered into as of this __ day of ~ 2000, by and between CONCORDE CENTRE
II ASSOCIATES, a Florida joint venture, having an address of
(hereinafter referred to as "Concorde"), and the CITY OF
AVENTURA, a Florida municipal corporation, having an address at 2999 NE 191 Street, Suite
500, Aventura, Florida 33180 (hereinafter referred to as the "City").
RECITALS:
1. Concorde is the owner of certain real property located in Miami-Dade County,
Florida commonly known as Concorde Centre and more particularly described on Exhibit "A"
attached hereto and made a part hereof(the "Concorde Property").
2. City is the owner of certain real property located in Miami-Dade County
commonly known as the Government Center and more particularly described on Exhibit "B"
attached hereto and made a part hereof(the "City Property").
3. The Concorde Property and the City Property are adjacent to one another.
4. The City wishes to use a portion of the Concorde Property currently improved with
driveway and parking facilities for parking and access to and from the City Property. Concorde has
agreed to convey to the City fee simple title for this parcel, as more particularly described and
shown on Exhibit "C" attached hereto and made a part hereof CArea 1 ").
5. In exchange for Concorde's conveyance of Area 1 to the City, the City wishes to
convey fee simple title to a small parcel within the City Property to Concorde. This area is currently
improved with driveway and parking facilities, and is more particularly described and shown on
Exhibit "D" attached hereto and a made a part hereof CArea 2").
6. The City will install an access gate on Area 1 for the purpose of ingress and egress to
and from the Concorde Property for use by the City's or Miami-Dade County's ("County's")
emergency, rescue and government vehicles. Additionally, Concorde has agreed to grant the City
a non-exclusive easement for use by the City's or County's vehicles for ingress and egress to and
from the Concorde Property. This easement will enable the Cky's vehicles to have faster and more
direct access to and from N.E. 191 Street and Biscayne Boulevard.
NOW, THEREFORE, in consideration of the foregoing and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto
hereby agree as follows:
1. Recitals. The foregoing recitals are true, correct and made a part of this Agreement.
2. Exchange of Parcels. The City and Concorde hereby agree to exchange Area I and
Area 2. Area 1 shall be conveyed in fee simple by Concorde to the City by warranty deed. Area 2
shall be conveyed by the City in fee simple to Concorde by special warranty deed and shall be used
by Concorde for parking and general access to and from the Concorde Property. At the time of the
exchange, the parties will also exchange no-lien affidavits and Concorde shall comply with the
requirements of Section 196.295, Florida Statutes. In addition, each party shall provide an Opinion
of Title as to Area 1 and Area 2, in a form and substance acceptable to the City Attorney and
Concorde's Attorney.
3. Access to Concorde Property. The City, at its sole cost and expense, shall install
an access gate on Area 1 for the purpose of controlling access between Area 1 and Concorde's
property adjacent thereto. The location of the access gate is shown on Exhibit __ attached hereto
and made a part hereo£ Concorde hereby agrees to grant the City, and its agents, employees,
servants, invitees, a non-exclusive easement for access in, over and upon the Concorde Property for
the purpose of providing the City's and/or County's emergency, rescue and government vehicles
and trucks access to and from Area 1 and the City Property, which easement is shown on Exhibit
attached hereto..
4. lteadin~s. The headings in this Agreement are solely for convenience or reference
and shall be given no effect in the construction or interpretation of this Agreement.
5. Jurisdiction and Choice of Law.
5.1. The parties hereto hereby irrevocable consent to the jurisdiction of the courts of the
State of Florida (with venue in Miami-Dade County) and of any federal court located in the State of
Florida in connection with any action or proceeding arising out of or relating to this Agreement.
5.2. This Agreement shall be construed and enforced in accordance with, and governed
by, the laws of the State of Florida.
6. Attorney Fees. In the event of any litigation arising out of this Agreement or to
enforce the Agreement, the prevailing party is entitled to recover its reasonable attorney fees and
costs (including fees and cost of any appeals).
7. Third Party Beneficiaries. No person not a party hereto shall be a third party
beneficiary of this Agreement.
[THE REST OF THIS PAGE WAS INTENTIONALLY LEFT BLANK]
IN WITNESS WItEREOF, this Agreement has been executed by the parties as of the day
and year first above written.
CITY:
CITY OF AVENTURA,
a Florida municipal corporation
By:
Eric M. Soroka, City Manager
(MUNICIPAL SEAL)
ATTEST: APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By:. By:.
Teresa M. Soroka, CMC/AAE City Attorney
City Clerk
CONCORDE:
CONCORDE CENTRE Il ASSOCIATES,
a Florida joint venture
(CORPORATE SEAL)
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE)
THIS IS TO CERTIFY, that on this day of ,2000, before me, an
officer duty authorized to take acknowledgements in the State and County aforesaid, personally
appeared , as of CONCORDE
CENTRE li ASSOCIATES, a Florida joint venture, on behalf of the joint venture, who (check
one) [ ] is personally known to me or [ ] produced a drivers license as
identification.
NOTARY PUBLIC
Print Name:
My Commission Expires:
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE)
TllIS IS TO CERTIFY, that on this __ day of ,2000, before me, an
officer duly authorized to take acknowledgements in the State and County aforesaid, personally
appeared ERIC M. SOROKA, City Manager, for the CITY OF AVENTURA, a Florida
municipal corporation, on behalf of the corporation, who (check one) [ ] is personally known to
me or [ ] produced a drivers license as identification.
NOTARY PUBLIC
Print Name: