1988-19405 RESO
RESOW'l'ION NO. 88-19405
A RESOW'l'ION OF THE CITY COMMISSION OF
THE CITY OF MIAJU BEACH AUTHOlUZING THE
MAYOR TO EXECUTE A MODIFIED AGREEMENT
WITH OREN DEVELOPMENT CORPORATION
REGARDING THE SALE OF PROPERTIES LOCATED
AT 3516-20 COLLINS AVENUE AND 3602.
COLLINS AVENUE.
WHEREAS, the City of Miami Beach is the Owner of the
following described properties7 and
PARCEL A
LOTS 12, 13 AND 14, BLOCK 24, AMENDED MAP,
OCEANFRONT PROPERTY, MIAMI BEACH IMPROVEMENT
COMPANY SUBDIVISION, ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 5, PAGES 7-8, PUBLIC
RECORDS OF DADE COUNTY, FLORIDA. (ALSO KNOWN AS
3516-20 COLLINS AVENUE)
PARCEL B
LOTS 10, 11 AND 15, BLOCK 26 AMENDED MAP,
OCEANFRONT PROPERTY, MIAMI BEACH IMPROVEMENT
COMPANY SUBDIVISION, ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 5, PAGES 7-8, PUBLIC
RECORDS OF DADE COUNTY, FLORIDA. (ALSO KNOWN AS
3602 COLLINS AVENUE)
WHEREAS, on or about March 21, 1988 the city issued Request
for Proposal No. 63-87/88, requesting proposals from interested
parties to purchase the above described properties7 and
WHEREAS, on or about May 4, 1988, Oren Development
Corporation filed a proposal with the city for the above
described properties offering to purchase the properties for the
sum of $535,0007 and
WHEREAS, on June 1, 1988 the city commission authorized the
administration to prepare a Contract of Sale for the above
described properties7 and
WHEREAS, a Contract of Sale including Exhibit "A" attached
thereto, has been negotiated between the parties and has been
recommended by the city Manager and has been approved to form by
the City AttorneYI and
WHEREAS, the parties to the above referenced contract wish
to modify and execute the Agreement attached to the Contract for
Sale as Exhibit "A" (the "Agreement"), to reflect that the time
period referred to in paragraph 3(b)(3) of said Agreement, shall
be extended from six (6) months to twelve (12) months7 and
1
WHEREAS, the city Commission has approved said amendment.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the mayor is hereby
authorized to execute on behalf of the city of Miami Beach a
modified version of Exhibit "A" (the: "Agreement") of the Contract
for Sale dated September 12, 1988, to be entered into with Oren
Development Corporation regarding the properties located at 3516-
20 Collins Avenue and 3602 Collins Avenue, and further, the Mayor
is authorized to execute any and all documents necessary to carry
out the closing of the properties.
PASSED and ADOPTED this 5th day of
October
, 1988.
ATTEST:
( ".
fil/.; j (/'G (f 1>).-
CITY CLERK
FORM APPROVED:
LEGAL DEPAR ENT
~
JLM/rlw
10/6/88
2
AGREEMENT
THIS AGREEMENT made and entered into this
of .&::t;Ei.../.bt./ 1988, by and between
Corporation hereinafter referred to as "Oren"
Miami Beach, hereinafter referred to as "city".
WITNESSETH
WHEREAS, the city of Miami Beach issued RFP No. 63-87/88 for
the purchase and redevelopment of city-owned property with
improvements at 36th Street and Collins Avenue, Miami Beach,
Florida; and
0~ day
Oren Development
and the City of
WHEREAS, Oren submitted one proposal, offering a purchase
price of $260,000 to purchase city~owned property on the
northside of 36th Street and Collins Avenue hereinafter referred
to as Parcel B; demolish the existing improvements; and construct
a 24 unit five story apartment building; and
WHEREAS, Oren submitted another proposal offering a purchase
price of $275,000 to purchase city~owned property on the
souths ide of 36th Street and Collins Avenue hereinafter referred
to as Parcel A; and to construct a 24 unit apartment building;
and
WHEREAS, it is the city's intent to have the two (2) city-
owned properties at 36th Street and Collins Avenue re-developed
and have constructed on said property improvements to accommodate
uses compatible with the surrounding land use; and
WHEREAS, to secure the City with respect to the improvements
on properties, Oren wishes to provide a letter of credit for each
parcel in the amount of Seventy Five Thousand and 00/100
Dollars($75,000.00); and
WHEREAS, the city approved Oren's offers and responses to
RFP No. 62-87/88 on June 1, 1988.
NOW THEREFORE, in consideration of the city selling the
parcels to Oren at a price below their appraisal values, and of
the mutual covenants herein contained, the parties hereto agree
as follows:
1
t
1. That the foregoing recitals are true and correct and
are incorporated herein by reference.
2. This Agreement refers to the properties and the
structures thereon at 36th street and Collins Avenue, Miami
Beach, Florida with the legal descriptions of:
Parcel A
Southwest corner of 36th Street and Collins Avenue (vacant landl.
Lots 12, 13, and 14, Block 24, Amended Map, Oceanfront Property,
Miami Beach Improvement Company SUbdivision, Plat Book 5, Pages 7
and 8, of the Public Records of Dade County, Florida.
Parcel B
Northwest corner of 36th Street and Collins Avenue (unoccuDied
imDroved DroDertvl.
Lots 10, 11, and 15, Block 26, Amended Map, Oceanfront Property,
Miami Beach Improvement Company Subdivision, Plat Book 5, Pages 7
and 8, of the Public Records of Dade county, Florida.
3. Oren shall furnish the city with two irrevocable
letters of credit made in favor of the City of Miami Beach and
keep them in force and effect, each in the amount of $75,000.00,
to insure that Parcel A and Parcel Bare re-developed and
building permits are issued prior to Oren selling or transferring
any or all of its interest in the above described properties,
except to a general or limited partnership formed to develop
Parcel A and Parcel B, where Oren is a general partner with a
controlling interest in the partnership.
a. One $75,000.00 irrevocable letter of credit in favor of
Parcel A shall be drawn upon by the city in the event that:
1. Oren Development corporation transfers, sells or
conveys any or all interests in Parcel A prior to the issuance of
a building permit except for a transfer to a general or limited
partnership formed to develop Parcel A, where Oren is a general
partner with a controlling interest in the partnership.
2. A building permit to construct a 24 unit apartment
building has not been issued and construction commenced and in
active progress as defined in Section 304.3 (f) of the South
Florida Building Code (1984) within two (2) years from the date
of closing.
2
3. Oren fails to furnish the City with a new
irrevocable letter of credit or cash bond in the amount of
$75,000.00 ten (10) days prior to the expiration of the original
letter of credit issued by Capital Bank on September 30, 1988,
when capital Bank or subsequent lending institution provides the
city with notice of its intent not to renew the letter of credit.
Oren specifically understands and agrees that a lapse in the
letter of credit as defined above is an event of default and will
constitute cause for the City to draw under the then existing
letter of credit.
b. One $75,000.00 irrevocable letter of credit in favor of
Parcel B shall be drawn upon by the City in the event that:
1. Oren Development corporation transfers, sells or
conveys any or all interests in Parcel B prior to the issuance of
a building permit, except for a transfer to a general or limited
partnership formed to develop Parcel B, where Oren is a general
partner with a controlling interest in the partnership.
2. Oren fails to demolish the structures located on
Parcel B and fails to clear all debris within 30 days from the
date of closing.
3. A building permit to construct a 24 unit apartment
building has not been issued and construction commenced and in
active progress as defined in Section 304.3 (f) of the South
Florida Building Code (1984) within twelve (12) months from the
date of Closing.
4. Time is of the essence as to each and every item of
this Agreement.
5. Failure of Oren to timely conform to any term or terms
of this Agreement shall be default of this Agreement and shall
allow the City to pursue any and all legal, equitable, and
administrative remedies it has available to it.
6. This Agreement shall be governed by the laws of the
State of Florida, and the invalidity of anyone or more of the
words, phrases, sentences, clauses, sections, subdivisions, or
subparagraphs contained in this Agreement shall not affect the
3
enforceability of the remaining portions of this Agreement or any
part thereof, all of which are inserted conditionally on their
being valid in law, and in the event that one or more of the
words, phrases, sentences, clauses, sections, subdivisions, or
subparagraphs contained herein shall be invalid, this instrument
shall be construed as if such invalid word or words, phrase or
phrases, sentence or sentences, clause or clauses, section or
sections,
subdivision or sUbdivisions, subparagraph or
subparagraphs had not been inserted and if such invalidity shall
be caused by the length of any period of time or the size of any
area set forth in any part hereof, such period of time or such
area, or both, shall be considered to be reduced to a period or
area which would cure such invalidity.
7. Failure of the City to insist upon strict compliance
with any of the terms, covenants or conditions hereof shall not
be deemed a waiver of such terms, covenants or conditions nor
shall any waiver or relinquishment of any right or power
hereunder, at anyone time or more times, be deemed a waiver or
relinquishment of such right or power at any other time or times.
8. Any amendments made to this Agreement shall be in
writing.
9. The city reserves the right to reasonable amend the
aforementioned requirements.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the date and year first above written.
Ap
witness
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DEVELOPMENT CORPORATION
Attest:
~~,i ~ ~
city Clerk /P/'IJf
I BEACH
FORM APPROVED
4
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orensale.agm
WA.....N" DUD
,UtUlon
. , ,It 02
litis ~Jldenlul'et
"AMCO rOAM ......
IWh..rn..r. u...d h"..i.. .fh.. I"'~' :'l.in, P"I\-" .nd "'K"'nd pan,." ....11 Inrlud.. .in,"I., .nd plll..l. h,.i,.. a...1
~P'd.IIf'!,,"'I''''''. .~d ,,,,,nl "' Ind"'ldu.I.. .011 1h.. .lK".....un ..d ..i.... o' ..urpnt..in.... .hu."". Ihf' "'00'''.'
'"' . mill nr ,.qulr....)
M,.,/., ,1'1\ 30 ,IflY "I September A. I), I'J 88
BEIWEEN
CITY OF MIAMI BEACH, a Florida municipal corporation
..I II", C"""".../ Dade . ill II.. Slah...f Florida . pa.'y
OREN DEVELOPMENT CORPORATION, a Florida corporation
of II". ('"""". ..I Dade . III I~. SIal. of Florida
of ".. firsl 1'0.1. anJ
. w~o.. 1'0.' ollk. 0.1.1..11 ..
c/o Smith & Supraski, P.A., 100 N. Biscayne Boulevard, Suite 1411, Miami, Florida
33141
parI y of ./U' ~(l('on(1 ,)(Irl,
ltlllntssdh, TI,al II... ..aid "0" y 0/ 1/.. firs' 1'0.', for onJ /n ron./J..allon of I~. .um of
Ten and ---------------------------------------------00/100($10.001----- Dol~rs.
'0 it in 'IOFul paill I,y flu' !aiel pari y 01 11.(1 !(I('ontl par'. '''e rereip' u,l.ert.ol II h.rC'L, G('lnow'.
.elp..!. 1,0 s p.anl.eI. /'a.pal".d. anJ so/J 10 ,~. salol po.' y of'~, ..canJ pari. its success"llill..
and tlHil11U 10rl"'I'r. "II' lollowi"" tI(lscrilJf..J lanJ. ,d'un'(', and ')f~'ng in lite Coun'y 01
S'a', 0/ . lo.wil:
LO'l'S 12, 13 ARD 14, BLOCK 24. AMBIIDED MAP, OCEANFRONT PROPERTY,
MIAMI BEACH IMPROVEMENT COMPANY SUBDIVISION. ACCORDING TO TUB
PLAT THEREOF. AS RECORDED IN PLAT BOOK 5, PAGES 7-8. PUBLIC
RECORDS OF DADE COUllTY. FLORIDA.
Also known as 3516-20 Collins Avenue. Miami Beach. Florida.
Subject to restrictions. reservations and easements of record
and taxes for 1988 and all subsequent years.
And ,~. sold pa.'y of II.. firs I 1'0.' Joes I.....by fully wa..onl I~. 1111. .0 .ald lanJ. and will J.f.nJ .~.
some against dtl!' lau'/ul claims of all persons u,hom,oever.
In 1Iitnrss ltfhtrtof, n. sold pa.ly ofl~. firs' 1'0.' "as
"and and s.al ,,,. elay and y.a. firs. 01,0'" w.IU.n.
hereunlo Ie' its
4r:;;;:~~~ ,il..,,,mm.mm.-
c.~~.y...~~...~~...~.~.h~.~~.~~............ ....................:.......
E~mm
........................................................................................
..................... ................. ............ .............
STATE OF FLORIDA.
COnny OF DIIDE
}
I HEREBY CERTIFY that on this day. before me, an
of(jn~' duly aUlhori21'd in Iht. State arorr,aid and in lh,. County afort'~aid to take adnowlf'd"menls, pfflonally appurf'd
Alex Daoud, Mayor, City of Miami Beach
to nltO known to hI" .hl' pNmn drsnihf'd
before me that he f'x..ruted the same.
WIT~F.SS my hand and orridal ,('al
September A. D. 1988
in and who neculed the ror...~oinlf instrument and
has
acknowledsed
TllIl Im/rull/I'II/ prqwrd by:
AoIdrm
Arnold M. Weiner, Esquire
City Attorner
City of Miam Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
30th
.....f....~~~..~.
Dc. SIaIe 01 Flc!rIda III LIl11i9
1~lon F..'<:)Ires June 1" ll1a!
thru f.llayr.3J'd Bor.dli'!f1 Ag~)'
day 01
in th.. County and Statr la.t aforesaid this
WA'UNf, DIID
"AfUfO"
, I 'I' 01
litis ~Jldentul-et
"....co "0"'" .~
IWhfort'""". u..-d h..nin ,th.. t..r~. ~'f,ir.t pall"" 'nd "Of'C"und p.rlY" .h.11 inrludP _in.,II., .nd phll.I, h.in, lu.1
...pr_II""''''', .~d .Ilt..nl III 'flrhudu.I., .flll .h.. 'lit......'" .nd ..il'" ..I r"rp"fllmn., wh..n"., ,h.. r,,"'"''
'" admlll nr "qulf~'. J
M",/,. ,1,1' 30 ,Itry 01 September
BEIWEEN
CITY OF MIAMI BEACH, a Florida
u( r/lf' CUllllh' III Dade , ;11
A. n 1'1 88
municipal corporation
II.. Sla'p..f Florida
. pa,'y
afl/,. firs' pa,l. and
OREN DEVELOPMENT CORPORATION, a Florida corporation
01 II... C..",,/I' ../ Dade . ill Il,p Sial. of Florida
. u'~o.. po.' oflir. 0.1.1,... Is
c/o Smith & Supraski, P.A., 100 N. Biscayne Boulevard, Suite 1411, Miami, Florida
33141
parr y o( lite' ~f'nulf' IUlr',
lffUntsstlh, Tl,al II... ..ai" pa,' y 01 I~. flrsl pa,'. fo, and In ponsl.l.,allon of I~. .um of
Ten and ---------------------------------------------00/100 ($10.001----- Dollars.
la it ill ',",,,1 pa'" I,y tI,. .ai.l pa,' y ofl~. ...on.l pa,'. I~. ,...Ip' w~.'.ofl. ~.,./'y a.'nowl.
'''ftP''. ',0 s ft,anl.". I.a'ftai"..I. and .01.1'0 I~p .ai.l po,' y ofl~. ..con.l pari. its successcg..
{mrl a~~in"~ furl'I'j'r, ,11ft !ullom'"o Jf'~cri"(lcl IOrlel. ~ilunr(l, anel '.(ling in rhe Coun')' 01
Starp 0' , to-u'il:
LOTS, 10, 11 AND 15, BLOCK 26, AMENDED MAP, OCEANFRONT PROPERTY,
MIAMI BEACH IMPROVEMENT COMPANY SUBDIVISION, ACCORDING TO THE'
PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGES, 7-8, PUBLIC
RECORDS OF DADE COUNTY, FLORIDA.
Also known as 3602 Collins r.venue, Miami Beach, Florida.
Subject to restrictions, reservations and eaDements of record
and taxes for 1988 and all subsequent years.
An.ll~. .ald pa,'y 01 ,~. firsl po,' does ".,./'y fully wa,mn' ,h. 1111. 'a .01.1 land. and will .I.f.n.l,I._
..ame agains' .1.1' lawful claim. 0/ all person' whomsoel1er.
In 18itntss Uhtrtof, n. .aid pa,ty of II.. Ilrs' pa,' ~as
~an.l and ,,01 ,~. day and y.a' firs' 0/'0'" w,IU.".
J.ereunfo '1'1 its
Slgn..I. ..ar..1 and .I.lh..,od 'n ,~. p'o..".. of:
./ ? . '-t:. Gddv
iilW~~;..CI~..CI,;il<...........................
Alex.DaouCi;.... YOJ;d~....
Ci ty of Mia Beach . .
......................-..........-......................................................
E~......................
................. ...... ................. ....... ... ........ -
.. .......... .......... ...............................................
STATE OF FLORIDA.
COC:>TY OF DADE
}
I HEREBY CERTIFY that on this day. before me, an
olfin'r duly authoril':l'd in lht' ~1~1(' afnreuid and in the County aforesaid to .akr acknowled-.:menu. personally appeared
Alex Daoud, Mayor, City of Miami Beach
to OIt' known to hI" .hr' pl'Ulln drsnihrd in and who executed the fort'~oin~ instrument and
bl"ore me that he rxtruled the lame.
WtT~F.SS my hand and oUidal .".1
September .~. D. 19BB
has
ad,nowledlJed
TIll> ImlntlllnJl prrl"'rr't/ hy:
,.ldd,m
30th
~~:I~r::,
Arnold M. Weiner, Esquire i..... ;~:::m':l!~~:;..;n O:~":~h~! .t:JntJ 11 1991
City Attorner t., '; '.'," ;,., !~ :'.r ~\.l C;:;;;c.i!f': i\t't"1,"'V
Ci ty of Miam Beach '.' , .
1700 Convention Center Drive
Miami Beach, Florida 33139
in th,' County anti Statr la~t a'ofl"s3id this
day of
CLOSING STATEMENT
DATE OF CLOSING:
October 5, 1988
SELLER:
city of Miami Beach
Oren Development Corporation
BUYER:
LEGAL:
PARCEL A
LOTS 12, 13 AND 14, BLOCK 24, AMENDED MAP, OCEANFRONT PROPERTY,
MIAMI BEACH IMPROVEMENT COMPANY SUBDIVISION, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGES 7-8, PUBLIC
RECORDS OF DADE COUNTY, FLORIDA.
PARCEL B
LOTS 10, 11 AND 15, BLOCK 26, AMENDED MAP, OCEANFRONT PROPERTY,
MIAMI BEACH IMPROVEMENT COMPANY SUBDIVISION, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGES 7-8, PUBLIC
RECORDS OF DADE COUNTY, FLORIDA.
PURCHASE PRICE:
$ 535,000.00
CREDIT TO BUYER
Deposit
53,500.00
BALANCE DUE SELLER
$481,500.00
SELLERS EXPENSES:
Doc Stamps
Surtax
$2,942.50
2,407.50
$5,350.00
Balance Due Seller
Less Seller's Expenses
$481,500.00
5.350.00
$476,150.00
Net cash to Seller
The above disbursements are authorized and approved by the
parties.
-,,~.
,
,- -
Beach
Buyer:
Oren Development corporation
,
'-
,-r-
-0 1~"C!T'.~ ~.teHMI"'","
.?,(ppl~'r'"1 MAICJ,*~MF4Jr
880005.clo
,
AFFIDAVIT
STATE OF FLORIDA)
COUNTY OF DADE )
Before me, the undersigned authority, personally appeared
CITY OF MIAMI BEACH, who being by me first duly sworn, on oath,
deposes and says:
1. That the CITY OF MIAMI BEACH, is the owner of the
following described property, to-wit:
PARCEL A
LOTS 12, 13 AND 14, BLOCK 24, AMENDED MAP, OCEANFRONT PROPERTY,
MIAMI BEACH IMPROVEMENT COMPANY SUBDIVISION, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGES 7-8, PUBLIC
RECORDS OF DADE COUNTY, FLORIDA.
PARCEL B
LOTS 10, 11 AND 15, BLOCK 26, AMENDED MAP, OCEANFRONT PROPERTY,
MIAMI BEACH IMPROVEMENT COMPANY SUBDIVISION, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGES 7-8, PUBLIC
RECORDS OF DADE COUNTY, FLORIDA.
2. That the above described property is free and clear of
all liens, taxes, encumbrances and claims of every kind, nature
and description whatsoever, except for mortgage or mortgages, if
any, described in the deed given between the parties named
herein, and except for real estate and personal property taxes
for the year 1988.
3. That within the past 90 days there have been no
improvements, alterations, or repairs to the above described
property for which the costs thereof remain unpaid, and that
within the past 90 days there have been no claims for labor or
material furnished for repairing or improving the same, which
remain unpaid, except the following:
NONE
4. That there are no meChanic'S, materialmen's, or
laborer's liens against the above described property.
5. That the personal property contained in the buildings
on said property, or on the said premises, and which, if any, is
being sold to the purchaser(s) mentioned below, is also free and
clear of all liens, encumbrances, claims and demands whatsoever.
1
6. That affiant(s) know of no violations of Municipal
Ordinances pertaining to the above described property.
7. That this affidavit is made for the purpose of inducing
OREN DEVELOPMENT CORPORATION, a Florida corporation, to purchase
said property from affiant(s):
8. Affiant(s) further state that they are each familiar
with the nature of an oath: and with the penalties as provided by
the laws of the state aforesaid for falsely swearing to
statements made in an instrument of this nature.
Affiant(s)
further certify that they have read, or have heard read to them,
the full facts of this affidavit, and un
"I
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WI ESS
IA }LI4 ~
context.
~TY OF M
~,~"""IC.-
. "? /lP PIfi1CT\/
EACH
tJ~l'I",g'NS-
M~f4.(J'Me'~'
SWORN TO AND SUBSCRIBED before me this ~ day of /) rr:;j~,
1988.
tL/-
N~';{~C~'
My commission expires:
ROIARY PUDllC ~lA1E OF FlOAIOA
M~ CO~;llS~!~H: [Xr. f(IL 5,llJ10
BO"OED fHRU GErlERM ltl5. utI').
880004.aff
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