Amendment 2 - Purchase & Sale Agmt w/ HACMB AMENDMENT NO. 2 TO THE PURCHASE AND SALE AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND THE HOUSING
AUTHORITY OF THE CITY OF MIAMI BEACH
This Amendment No. 2 (the Amendment), is made and executed as of this day of
2012, by and between the . CITY OF MIAMI BEACH, FLORIDA, a municipal
corporation organized and existing under the laws of the State of Florida (the City and /or Buyer),
and the HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH, a Florida public housing
authority, having an address of 200 Alton Road, Miami Beach, Florida 33139 (the HACMB
and /or Seller).
RECITALS:
WHEREAS, Owner and City entered into and executed a Purchase and Sale Agreement
for the City Easement (as such term is defined in the Purchase and Sale Agreement), which
Agreement was approved by Owner on June 22, 2010, pursuant to HACMB Resolution No.
2010 -14, and by the City on September 15, 2010, pursuant to City Resolution No. 2010- 27451;
and
WHEREAS, on September 15, 2010, the Mayor and City Commission adopted
Resolution No. 2010 - 27490, approving, on second and final reading, and authorizing the Mayor
- and City Clerk to execute, a Development Agreement between the City and HACMB, setting
forth the parties' respective rights and obligations pertaining to the City's development and
construction of the West Avenue Bridge Project, and HACMB's development and construction of
an affordable housing project (the HACMB Project); and
WHEREAS, the parties closed on the purchase and sale of the City Easement on May
11, 2012; and
WHEREAS, subsequent to closing, the parties wish to hereby further amend the
Purchase and Sale Agreement and, more specifically, certain exhibits to the Agreement.
NOW THEREFORE, in consideration of the foregoing, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby
agree as follows:
1. Exhibit "A" to the Purchase and Sale Agreement, entitled "Description of Land," is
hereby replaced with a revised Exhibit "A ", attached and incorporated hereto and also entitled
"Description of Land ".
2. Exhibit "B" of the Purchase and Sale Agreement, entitled "Property Easement," is
hereby replaced with a revised Exhibit "B ", attached and incorporated hereto and also entitled
"Property Easement ".
3. Except as amended hereby, all other terms and condition of the Purchase and
Sale Agreement shall remain unchanged and in full force and effect.
EXECUTED as of the date first above written in several counters, each of which shall be
deemed an original, but all constituting only one agreement.
Signed, sealed and delivered CITY OF MIAMI BEACH
In the presence of: a Florida municipal corporation
C By:
Ke. Nam a i err a Bower
Title: Mayor
Attest:
By:
Name: Raffael E. Granado' C
Title: City Clerk
P ORAT�p
�NCOR 1.0
Signed, sealed and delivered HOUSING AUTHORITY OF HE%
In the presence of: CITY OF MIAMI BEACH
By:
Name: Miguet I a pillo
Title: Executive Director
Attest:
By:
APPROVED AS TO
FORM & GUAGE
FO X UTION
torne C N Date
2
REVISED EXHIBIT "A"
DESCRIPTION OF LAND
3
LEGAL DESCRIPTION
PARCEL "A"
BEING A PARCEL OF LAND LYING IN A PORTION LOT 9, BLOCK 17, ALTON REALITY COMPANY'S PLAT OF SUBDIVISION OF `NEST HALF OF BLOCKS 17,40 AND
45, AS RECORDED IN PLAT BOOK 6, PAGE 165 AND A PORTION OF LOT I I, BLOCK 41, ALTON BEACH REALITY CO'S PLAT OF BELLEVIEW SUBDIVISION, AS
RECORDED IN PLAT BOOK 6 PAGES 114, AND A PORTION OF PARCEL 2 AS DESCRIBED IN OFFICIAL' ECORD BOOK 16504, PAGE 3555 ALL BEING RECORDED N
THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
COMMENCE AT THE SOUTHEAST CORNER OF LOT 7, BLOCK 17 OF SAID ALTON REALITY COMPANY'S PLAT OF SUBDIVISION OF WEST HALF OF BLOCKS 17,40
AND 45; THENCE S88 °01'12 "W, ALONG THE NORTHERLY RIGHT OF WAY LINE OF 17TH STREET, SAID LINE ALSO BEING THE SOUTHERLY LINE OF BLOCK 17; A
DISTANCE OF 135.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 85.00 FEET, A CENTRAL ANGLE OF 30 °47'46 ",
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 45.69 FEET; THENCE N32 °46'34 "E RADIAL TO SAID CURVE A DISTANCE OF 13.95
FEET, TO A POINT ON THE SOUTHERLY LINE OF PARCEL 11 OF AFORESAID OFFICIAL RECORD BOOK 16504, PAGE 3555; THENCE N75 °10'30 "W ALONG SAID
SOUTHERLY LINE A DISTANCE OF 40.55 TO THE POINT OF BEGINNING; THENCE CONTINUE N75° 10'30 "E ALONG SAID SOUTHERLY LINE TO THE INTERSECTION
WITH THE NORTHERLY FACE OF THE SOUTHERLY SEAWALL OF COLLINS CANAL, ALSO BEING THE MEAN HIGH WATER LINE OF COLLINS CANAL, A
DISTANCE OF 100.61 FEET; THENCE N58 °09'51 "E, ALONG SAID NORTHERLY FACE AND MEAN HIGH WATER LINE EXTENDING ACROSS AN EXISTING BASIN, A
DISTANCE OF 115.45 FEET; THENCE SO1 °58'48 "E A DISTANCE OF 73.28 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS
OF 25.00 FEET, A CENTRAL ANGLE OF 32 °04'40 ", THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE INTERSECTION WITH THE SOUTHERLY LINE OF
SAID PARCEL 1I, A DISTANCE OF 14.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 4,375 SQUARE FEET OR 0.1 ACRES MORE OR LESS.
PARCEL "B"
BEING A PARCEL OF LAND LYING IN A PORTION LOTS 8 AND 9, BLOCK 17, ALTON REALITY COMPANY'S PLAT OF SUBDIVISION OF WEST HALF OF BLOCKS 17,
40 AND 45, AS RECORDED IN PLAT BOOK 6, PAGE 165 AND A PORTION OF LOT 11, BLOCK 41, ALTON BEACH REALITY CO'S PLAT OF BELLEVIEW SUBDIVISION,
AS RECORDED N PLAT BOOK 6, PAGE 114, AND A PORTION OF PARCEL I AND PARCEL 11 AS DESCRIBED IN OFFICIAL RECORD BOOK 16504, PAGE 3555 ALL
BEING RECORDED IN THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
COMMENCE AT THE SOUTHEAST CORNER OF LOT 7, BLOCK 17, OF SAID ALTON REALITY COMPANY'S PLAT OF SUBDIVISION OF WEST HALF OF BLOCKS 17,
40 AND 45; THENCE S88 °01'12 "W, ALONG THE NORTHERLY RIGHT OF WAY LINE OF 17TH STREET, SAID LINE ALSO BEING THE SOUTHERLY LINE OF BLOCK 17,
A DISTANCE OF 125.66 FEET TO THE PONT OF BEGINNING; THENCE CONTINUE S88 °01'12 "W ALONG SAID LINE A DISTANCE OF 934 FEET TO THE BEGINNING
OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 85.00 FEET, A CENTRAL ANGLE OF 30 °47'46 ", THENCE SOUTHWESTERLY ALONG THE ARC
OF SAID CURVE A DISTANCE OF 45.69 FEET; THENCE N32 °46'34 "W RADIAL TO SAID CURVE A DISTANCE OF 13.95 FEET TO A PONT ON THE SOUTHERLY LINE
OF PARCEL II OF AFORESAID OFFICIAL RECORD BOOK 16504, PAGE 3555; THENCE N75° 10'30 "E ALONG SAID SOUTHERLY LINE A DISTANCE OF 40.56 FEET TO
THE BEGNNNG OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 32 °04'40" (CHORD WHICH BEARS
N14 °03'32 "E) THENCE NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 14.00 FEET; THENCE NO 1°58'48 "E, TO THE NTERSECTION WITH THE
NORTHERLY FACE OF THE SOUTHERLY SEAWALL OF COLLINS CANAL, ALSO BEING THE MEAN HIGH WATER LINE OF COLLINS CANAL, A DISTANCE OF 73.28
FEET; THENCE N58a09'51 "E, ALONG SAID NORTHERLY FACE AND SAID MEAN HIGH WATER LINE, A DISTANCE OF 80.71 FEET; THENCE SO 1'58'48"E A
DISTANCE OF 113.46 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 90 °00'00 ",
THENCE SOUTHEASTERLY ALONG ARC OF SAID CURVE TO THE INTERSECTION WITH THE SAID NORTHERLY RIGHT OF WAY LINE OF 17TH STREET AND SAID
SOUTHERLY LINE OF BLOCK 17, A DISTANCE OF 39.27 TO THE POINT OF BEGINNING.
CONTAINING 8,465 SQUARE FEET OR 0.2 ACRES MORE OR LESS.
PARCEL "C"
BEING A PARCEL OF LAND LYING IN A PORTION LOTS 7, 8 AND 9, BLOCK 17, ALTON REALITY COMPANY'S PLAT OF SUBDIVISION OF WEST HALF OF BLOCKS
17, 40 AND 45, AS RECORDED N PLAT BOOK 6, PAGE 165 "AND A PORTION OF PARCEL I AS DESCRIBED IN OFFICIAL RECORD BOOK 16504, PAGE 3555, ALL
BEING RECORDED N.THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
BEGIN AT THE SOUTHEAST CORNER OF LOT 7, BLOCK 17, OF SAID PLAT OF SUBDIVISION OF WEST HALF OF BLOCKS 17,40 AND 45; THENCE S88a0 t' 12 "W
ALONG TH,E NORTHERLY RIGHT OF WAY LINE OF 17TH STREET, SAID LINE ALSO BEING THE SOUTHERLY LINE OF BLOCK' 17, A DISTANCE OF 125.66, FEET TO
THE BEGINNING OF A CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 90 °00'00 ", THENCE NORTHEASTERLY
ALONG THE ARC OF SAID CURVE A DISTANCE OF 39.27 FEET; THENCE NOI °58'48 "E TO THE INTERSECTION WITH THE NORTHERLY FACE OF THE SOUTHERLY
SEAWALL OF COLLINS CANAL, ALSO BEING THE MEAN 1-UGH WATER LINE OF COLLINS CANAL, A DISTANCE OF 113.46 FEET; THENCE N58 °09'51 "E ALONG
SAID NORTHERLY FACE AND SAID MEAN HIGH WATER LINE, TO THE INTERSECTION WITH THE EASTERLY LINE OF SAID LOT 7, SAID LINE ALSO BEING THE
WESTERLY LINE OF ALTON COURT. A DISTANCE OF 173.72 FEET; THENCE SO 1'58'48"E, ALONG SAID LINE, A DISTANCE OF 224.94 FEET TO THE PONT OF
BEG NNNG,
CONTAINING 27,239 SQUARE FEET OR 0.6 ACRES MORE OR LESS, THIS SURVEY IS CERTIFIED TO THE FOLLOWING:
CITY OF MIAMI BEACH
TEW CARDENAS LLP
EMD AMEEMADON < FIRST AMERICAN TITLE INSURANCE COMPANY' '
CENTER LINE R RADIUS I HEREBY CERTIFY: that this BOUNDARY SURVEY" is correct and
L . ARC LENGTH R/W ,RIGHT —OF —WAY meets the Minimum Technical Standards for Land Surveying in the
C &G CURB AND GUTTER P.O.B. POINT OF BEGINNING State Florida as set fourth in Chapter 472.027 (F.S.) and Chapter
o . CENTRAL ANGLE P. B. PLAT BOOK 5J -17 of the Florida Administrative Code.
Not volid without the signature and raised seal of a Flom a
P.O.C. POINT OF COMMENCEMENT P. PAGE Licensed Surveyor and Mapper.
(C) CALCULATED DIMENSION _ SET 1/2 MP OR NAIL & WASHER PSM04973a�
(D) GEED DIMENSION FOOT FLORIDA DEPT OF TRANSPORTATION _ BRIAN T. BELLINOO
(P) PLAT DIMENSION STA. STATION CITY SURVEYOR
P, 1. POINT OF INTERSECTION ORB OFFICIAL RECORD BOOK MARCH. 23. 2012 P.S.M. No.4973
— •— FENCE DATE STATE OF FLORIDA
CITY OF MIAMI REASED CITY CENTER NEIGHBORHOOD NO. 9
BEACH APPROVED BOUNDARY SURVEY OF EC - 01
PUBLIC WORKS 03/23/2072 PROPOSED BRIDGE SITE AT
DEPARTMENT WEST AV. & DADE BLVD. SHEET_ OF 2
REVISED EXHIBIT "B"
PROPERTY EASEMENT
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THE ALTON EACH REALTY
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pQ ��G� O9 E,d1 40 AND 45., PS. 6 PAGE 165 { N m
ry
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- I i, A PARCEL 'C' _j I N $ Q
27,239 SO -FT. 0.6 AC.t
Cpl PARCEL B m a I II
g�__ PARCEL �A a / $,465 SO,ff /02 ACS �'•'�• �---
4,375 SO.FT. /O.1 AC's
PARCEL it PARCEL I
ORB 16504 PAGE 165 ,.�'; �!; "�' ORB 16504 PAGE 165
/ N i
R= 25.00'�
0= 32'04'40 =a s R= 25.00' I j
` p _ 14.00' ',� "�' "r #- -:- iii: a= 90'00'00"
" �sl?f'p „ �.4' y ..�JJ .'- / A= 39.27'
„ Yi '7; i5! ., i. -:.': ,.._ FNO N &W
_„ �` _ 5'J�. "i / 125.66'
_ SZ /
SOUTHERLY LINE PARCEL It / ` ` r ' JO 465 ?(P)�,65:6b' {C) - a " 60.00' P &C) 60.00'(P &C) 20'
(ORB 16504, PAGE 165) - 2' CC &c __ __ __ __ __ __ _ _ __ ��
/ - R/W
LOT 11, BLOCK 41-•r P.O.B. ' ,�'' - -� `1 - - - Y "�_ P.0.8. S 88'O1'12� W 135.00
PARCEL 'A' r �'f p cj 9 R= 85.00' PARCEL 'B' P.O.C. PARCEL A-
"'d= 30'47'46"
_ y/ �'- SE CORNER LOT
" '
WTNET COR N32'46'34_VY_ 'P 4�9 A =45.69' 1 7th _S P,0 -B. PARCEL 'C
CORNER 13.95 �;"� - - - - '- ' - (70' R /W) ' - -
e -
•
BLOCK 41 ?33 70
ALTON BEACH REALTY CO.'S PLAT < f' - FND N &W R/W FND 1/2 MP rFND IR
OF BELLEVIEW SUBDIVISION
P.B. S. PAGE 114
N: 531016.30 0
E: 938315.07_/ !
FOOT PI
STA. 25 +85.00 `v
W I 0
o
'R' i
3 1. COORDINATES ARE RELATIVE TO THE STATE PLANE COORDINATES,
~ FLORIDA EAST ZONE, NORTH AMERICAN DATUM OF 1953 ADJUSTMENT OF 1990
1 V) o (NAD 53 -90).
w �
k 2. BEARINGS AND STATE PLANE COORDINATES AS SHOWN HEREON ARE
i RELATIVE TO FDOT PROJECT NETWORK CONTROL SPECIFIC PURPOSE SURVEY
' OF BASELINE SURVEY OF WEST AVENUE AND DADE BOULEVARD AND ARE
BASED UPON FOUND SURVEY CONTROL POINTS, BRASS DISK STAMPED
BM /CPS 87 -1 1 1 PN01, POINT NAME C01, LOCATED SOUTHERLY OF THE CENTER
1 35' 1 35' LINE OF DADE BOULEVARD AND THE NORTHERLY EXTENSION OF BAY ROAD..
FOUND BRASS DISK STAMPED BXf /GPS 87- 1I -PNO3, POINTNAME CO3, LOCATED
AT THE SOUTHWEST CORNER OF THE INTERSECTION OF BAY ROAD AND
LINCOLN ROAD.
- [BOU SU 3. UNDERGROUND AND AERIAL IMPROVEMENTS HAVE NOT BEEN LOCATED.
-SCALE: 1 = 60' 4. THE LOCATION OF THE APPROXIMATE MEAN HIGH WATER LINE DOES NOT
PURPORT TO S S. CHAPTER 177, PART 2, FLORIDA COASTAL MAPPING ACT OF
1974. THIS NOTE IS REOUIRED BY THE STATE OF FLORIDA
CITY OF MIAMI REv1SED CITY.CENTER NEIGHBORHOOD NO. 9
BEACH
APPROVED BOUNDARY SURVEY OF EC-02
PUBLIC WORKS 3/23/2 PROPOSED BRIDGE SITE AT
DEPARTMENT WEST AV. & DADE BLVD. SHEETS OF 2