1988-19337 RESO
RESOLUTION NO. 88-19337
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA
AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT OF SALE WITH OREN DEVELOPMENT
CORPORATION FOR PROPERTIES LOCATED AT
3516-20 COLLINS AVENUE AND 3602 COLLINS
AVENUE AND FURTHER AUTHORIZING THE MAYOR
TO EXECUTE ANY AND ALL DOCUMENTS
NECESSARY TO CARRY OUT THE CLOSING OF THE
SALE.
~, the City of Miami Beach is the Owner of the
following described properties; 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)
~, 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 properties; 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 a
sum of $535,000; and
~, on June 1, 1988 the City Commission authorized the
administration to prepare a Contract of Sale for the above
described properties; and
~, a Contract of Sale (a copy of which is attached
hereto), has been negotiated between the parties and has been
recommended by the City Manager and has been approved to form by
the city Attorney; and
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
Contract of Sale with Oren Development Corporation for properties
located at 3516-20 Collins Avenue and 3602 Collins Avenue for a
total purchase price of $535,000, 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 7th
day of September
ATTEST:
1~~~
CITY CLERK
FORM APPROVED:
LEGAL DEPARTMENT
~~il'.~
g/;~/P
/ .
DATE:
PNB/mml
8/15/88
. ,~. !--I'
CONTRACT OF SALE
THIS AGREEMENT made and entered into this ~ day of
September
, 1988, between the CITY OF MIAMI BEACH, a Florida
municipal corporation, hereinafter described as the Seller, and
OREN DEVELOPMENT CORPORATION, ("Oren"), a Florida Corporation
hereinafter described as the Purchaser.
WITNESSETH
1. That the Seller agrees to sell and convey and the
purchaser agrees to purchase all the certain plots, pieces or
parcels of land, 'fith the buildings and improvements erected,
situate and lying on the following described property located in
Miami Beach, Dade. County, Florida:
PARCEL A
LOTS 12, 13 ~D 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. The total purchase price for the above referenced
properties shall be Five Hundred Thirty Five Thousand and 00/100
($535,000.00) U.S. Dollars payable in cash or bank certified or
cashiers check at the time of closing.
3. conveyance of title shall, be by statutory warranty
deed, free and clear of all encumbrances and liens of whatsoever
nature, except easements, reservations, and restrictions of
record, applicable zoning regulations, taxes for current year,
any liens which may be created by pending legislation prior to
passage of title, and other such matters as are specified herein.
4. The seller shall at its expense furnish purchaser with
an abstract of title within forty-five (45) days from the date of
this contract. In the event that after Purchaser has examined
the title and said examination reveals defects in Seller's title,
Seller shall have a period of thirty (30) days after notification
thereof within which to cure said defects. Closing shall take
place on or before September 30, 1988.
5. If applicable, seller shall pay for documentary stamps
on the deed and any surtax. Purchaser shall pay for recording
the deed.
6. As part of the total consideration for this sale
Purchaser shall furnish two irrevocable letters of credit, one
for Parcel A and the other for Parcel B, each in the amount of
$75,000.00, in favor of the City of Miami Beach, five (5) days
prior to closing. The letter of credit in favor of Parcel A
shall be drawn upon in the event that Oren 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
1
.0#' ,,____
partner with a controlling interest in the partnership and/or a
building permit to construct a 24 unit apartment building is not
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. The letter
of credit in favor of Parcel B shall be drawn upon 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 Development
Corporation is a general partner with a controlling interest in
the partnership; or 2) Oren does not complete demolition of the
structures on Parcel B within three (3) months from the date of
closing; or 3) a building permit to construct a 24 unit apartment
building is not issued and construction commenced and in active
progress as defined in section 304.3 (f) of the South Florida
Building Code (1984) within six (6) months from the date of
closing. Purchaser covenants and agrees to execute the agreement
attached hereto as "Exhibit A" at closing and agrees that said
agreement shall survive the closing.
7. Failure of Purchaser to timely conform to any term or
terms of this Agreement shall be a default of this Agreement and
shall allow the Seller to pursue any and all legal, equitable and
administrative remedies it has available to it.
8. In the event of default on the part of either party
hereto in consummating this contract, then the defaulting party
agrees to pay all costs and expenses incurred by the innocent
party in enforcing the innocent party's rights hereunder
including reasonable attorney's fees.
9. Time shall be of the essence.
10. This contract including Exhibit A constitutes the
entire agreement between the parties, and any changes, amendments
or modifications hereof shall be void unless the same are reduced
to writing and signed by the parties hereto.
ATTEST:
~Cut~
CITY CLERK
We agree to purchase the above described property on the
terms and conditions stated in the foregoing instrument.
contsale.mem
.
.
q-~~
2
.
AGREEMENT
THIS AGREEMENT made and entered into this ~ day
Of_~~
1988, by and between Oren Development
Corporation hereinafter referred to as "Oren" and the City of
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
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,OOO.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
f7~ ~ :&~~w..(~~ ~ ~ ~ ,b8L tl;....k'
the mutual covenants herein contained, the parties hereto agree
as follows:
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 (unoccunied
imnroved nronertvl.
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, each
in the amount of $75,000.00, to insure that Parcel A and Parcel B
are 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 3 months 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 six (6) 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.
Attest:
Witness
OREN DEVELOPMENT CORPORATION
Attest:
~~ ~ &J
City Clerk
J1J
I BEACH
orensale.agm
FORM APPROVED
D
..
4
WAIUNTT 0110
'UTUTOIY
, , ".02
This ~ndenture,
"AMea "O"M .....
'WSwrt'W'r. uwd h'nin .Ih.. If'rm~ ",i,.t pltn" and "q>c"ond parly" ,han indu. .inalllar and plmal. hf'ir.. '....1
",prt'W~tat,W'.. .~d ..".n. ,,' indl\'id".I~. and lhf' ,uC'('f'~'''n and ..i.n. 0' C'orpnr.tinn.. whf'rf'vf'l Ihf' 1'"1"1'.....
." .drn,,, ftf' "qulr"..)
M",I.. ,1,,, 30 ./..y../ September A. I). I') 88
BETWEEN
CITY OF MIAMI BEACH, a Florida municipal corporation
uf ,IIf' ellllllh' 01 Dade ill tlu> S'o'<' 01 Florida , par' Y
OREN DEVELOPMENT CORPORATION, a Florida corporation
of II.. first "ort. and
of "ll' Corm'\' (If Dade
. in ,h. S'o', of Florida
. u.ho.e 1'0.' office oddre.. i.
c/o Smith & Supraski, P.A., 100 N. Biscayne Boulevard, Suite 1411, Miami, Florida
33141
pari y of ,IU' ~(>{'orul pelrl.
Witnesstlh, T1.01 II". ,0iJ "orl y of Ihe firsl "orl. for onJ in con.iderolion of Ihe .um of
Ten and ---------------------------------------------00/100($10.00)----- Dol~rs.
'0 it in hand paj({ IJY r'l(> said par' y of ,he spcond part. rhe receipt whereof is h"re"" oclnowl-
eJged. ',0 s gran'ed. bargained. and .old '0 ,h. .aid pari y of the .econd pari. its successcu..
and ns.~jn"s for~'I'~'r. "1(' following JC'scrihC'J land, sHun't"', orad heing in the County 0/
S'a'p of ' lo-wi':
LO'l'S 12, 13 AND 14, BLOCK 24, AMENDED MAP, OCEAlIFROIlT PROPERTY,
MIAMI BEACH IMPROVEMEIlT COMPANY SUBDIVISION, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGES 7-8, PUBLIC
RECORDS OF DADE COOllTY, 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 Ihe .aid party of ,h. firs I parI does hereby fully worranl II.. IiIle 10 .oid land. and will defend Ihe
samp agains' the lawful claims of all persons whomsoever.
In lIitness ltfhereof, The said party
hand and .eal Ihe Joy and year fir51
of Ihe firsl "arl has
hereunto .e' its
E~
abOl.e written.
Ij ~ ()
iileX{'fja~~rf ..Ma.YOi.~........................
.......................... c.~:.~..o.~..~.i...~.i...~.~~c.~............ ................................
...........
........................................................
of:
SIl1ned. .ea"'d and deli,.ered in the "...ence
A::!:.~...2?J...../::ik~.... .
Elaine Baker, City Clerk
STATE OF FLORIDA.
COnny OF DADE
}
I HEREBY CERTIFY that on this day, before me, an
oHieu duly authorizrd in th{' State aforesaid and in the County aforesaid to take acknowledlCments, personally appeared
Alex Daoud, Mayor, City of Miami Beach
to nit' known to hr thl' pl'uon drscribt'd in and who executed the (oreJCoing instrument and has aclr.nowledged
M(ore me that he executed the same.
WITSESS my hand and oHjrial ,roBI in thr County and Stair" las. aforesaid this day of
September A. D. 1988
TIll, IIIJlrulllCl/I prrpnrrd by:
Addrrn
Arnold M. Weiner, Esquire
City Attorney
City of Miam1 Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
WAIUN'fT DIID
"ATUTOI'"
. t ... 02
litis Jndenluret
"AMeo rOAM .....
IWh.r.".r .uW'd h.,.jn .thf' tn~' :".iut 1NIr1"" .nd "WC'nnd parlY" .hall indud, _in.llla, and plllu!. h,if'. 1'111
".p,_~..tl"." and It",.n. III Ind"',dual.. Ind lh. 'Ufn'''''" .nd ..ill'" 0' ...II,p"ulinnl. wM"''''r lh. I"nlll...1
'" .dmll' III' rrqulr.I.)
Mml.. 1111' 30 tlu)' 01 September
BETWEEN
CITY OF MIAMI BEACH, a Florida
uf ,,.,. Co""'~' III Dade , in
A. n 1'1 88
municipal corporation
1/," S'al<' of Florida
.par'y
0/"" firs' parI. and
OREN DEVELOPMENT CORPORATION, a Florida corporation
0/1/'" Co",.I\' of Dade . in ,he S'a'e of Florida
. whose 1'0" aI/ire add".. i.
c/o Smith & Supra ski , P.A., 100 N. Biscayne Boulevard, suite 1411, Miami, Florida
33141
parI y of ,Ilt' 5('('01H1 pClrl.
lffitntssdh, TI,al "". ,aid parI y a/lhe /irsl par'. /ar and in ran.ideralian a/the .um of
Ten and ---------------------------------------------00/100 ($10.00) _____ Dollars.
10 it in hand paiel /,y "Ie said parI yo/II.. serond parI. II.. rereipl whereof i. hereby acknawl.
eclgecl, 1.0 s wan led. bargain.d, and sold 10 Ihe said pari y 0/ ,he second pari. its success"lJiil.,.
(lnd assinll's {ur('I'('r, rill' following d(>'scrib(>cl lancl, sUuah', and being in fhe Coun'y of
S'ah. of ' 'o-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 Avenue, Miami Beach, Florida.
Subject to restrictions. reservations and easements of record
and taxes for 1988 and all subsequent years.
And Ihe said parly 0/ ,h. firs' parI does h.reby fully warran' II.. tille 10 said land. and will de/end the
some ogainsr 'he lawful claims of all persons whomsoever.
E~m
In 1tIitntss lfIhtrtof, The said party of ,h. /irsl par' has
hand and seal Ihe day and y.ar /irsl 01,0'" wrillen.
~:~~~:
................................................................................
.................................................JD
hereunfo sef its
A .
...V~~
Elaine Baker,
Signed. seaL>d and delil.ered In Ihe prose"" 0/:
'--tu. Iiddv
..clfy..Cle-ik............ .. .........--.....
.....'
STATE OF FLORIDA.
COl":->TY OF DADE
}
I HEREBY CERTIfY that on this day, before me, an
orfieu duly authorizt"d in thr State aforesaid and in the County aCoresaid to takt acknowled~mentl. personally appeared
Alex Daoud, Mayor, City of Miami Beach
to me known to hr thl' pI'uon dt"scrihrd 10 and who eHcutl!'d the (orrRoing instrument and has acknowledged
before mt" that he t"XHUICd the same.
WIT~[SS my hand and aHic-ial st'al in Ih,' County and Statl" tan a(onsaid this
September A. D. 1988
30th
day of
Tlus ImlnUIIOlI prrpnrrd by:
liddrm
~tV.. i........ ...:~..~~~'...::....
. . ~.i '~:'r l,b:~-;. ~to of f!k;ride at I.arg&
Arnold M. We~ner, Esqul.re ," i M"'~lt;;o",,"'''', r':v...l.~.. /_,_ '11M
". - ....,,, , '.....,..", . ~ ",..,...... ....'" , 11'""..,1
City Attornev F..,; '".; ';':." I"f .'...r 'OJ !"~,....~;~,,,, .1_.......".
-I "- " - "..Y.-.. ...,IJ......, '1 rlb"'''l''
City of Miam. Beach '. -
1700 Convention Center Drive
Miami Beach, Florida 33139