96-22175 RESO
RESOLUTION NO. 96- 2 21 7 5
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING THE SALE OF THE REMAINING APPROXIMA TEL Y
2.0 ACRE PARCEL OF CITY-OWNED LAND LOCATED IN NORTH DADE AND
COMMONLY REFERRED TO AS THE OJUS PROPERTY TO METROPOLITAN DADE
COUNTY, FLORIDA (COUNTY); AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CONTRACT FOR SALE AND PURCHASE BETWEEN THE CITY AND THE
COUNTY, IN THE AMOUNT OF $144,876.00; AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE THE DEED AND ANY AND ALL NECESSARY CLOSING
DOCUMENTS, SUBJECT TO REVIEW OF SAME BY THE CITY ATTORNEY'S OFFICE;
AND PROVIDING THAT ALL PROCEEDS FROM THE SALE ARE TO BE DEDICATED
TO THE CITY'S GENERAL FUND.
WHEREAS, the City still owns an approximately two (2) acre out-parcel of the 149 acre tract ofland in North
Dade which is commonly known as the Ojus Property; and
WHEREAS, in 1995, the City sold a 54.7 acre portion of the property to the School Board of Dade County
and the other 92.46 acres to the County; and
WHEREAS, the City gave the County a right of first refusal for the purchase and sale of the two acre parcel
at the same cost per acre as the adjacent acre parcel, which the County has choosen to exercise; and
WHEREAS, the City and the County have negotiated the attached Contract for Purchase and Sale for the
aforestated parcel, for the purchase price of $144,876.00.
WHEREAS, the proceeds from the sale of the Property to the County shall be dedicated to the City's General
Fund.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission herein approve the sale of the
remaining approximately two (2) acre parcel of City-owned land located in North Dade and commonly referred to as
the Ojus Property; authorize the Mayor and City Clerk to execute the attached Contract for Sale and Purchase between
the City and Metropolitan Dade County, Florida, in the amount of$144,876.00; authorize the Mayor and City Clerk
to execute the deed and any and all necessary closing documents, subject to review of same by the City Attorney's
Office; and direct all proceeds from the sale to be dedicated to the City's General Fund.
PASSED AND ADOPTED this 23rd day of October, 1996.
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ATTEST:
G?o~d-- f a;v~
CITY CLERK
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CITY OF M I A MI BEACH
m
CITY HALL 1700 CONVENTION CENTER DR!Vf. M!AMi BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. ~ ~ L,
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE:
October 23,1996
FROM: Jose Garcia-Pedrosa
City Manager
SUBJECT: A RESOLUTION OF HE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SALE OF
APPROXIMATELY 2.0 ACRES OF CITY-OWNED LAND LOCATED IN
NORTH DADE AND COMMONLY REFERRED TO AS THE OJUS
PROPERTY; AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CONTRACT FOR SALE AND PURCHASE BETWEEN THE
CITY AND METROPOLITAN DADE COUNTY, FLORIDA, IN THE
AMOUNT OF $144,876.00, SUBJECT TO FINAL NEGOTIATION AND
REVIEW OF SAME BY THE ADMINISTRATION AND THE CITY
ATTORNEY'S OFFICE; AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE THE DEED AND ANY AND ALL NECESSARY
CLOSING DOCUMENTS, SUBJECT TO REVIEW OF SAME BY THE
CITY ATTORNEY'S OFFICE; -AND PROVIDING THAT ALL PROCEEDS
FROM THE SALE ARE TO BE DEDICATED TO THE CITY'S GENERAL
FUND.
ADMINISTRATION RECOMMENDATION
Approve the resolution.
BACKGROUND
In 1938, the City acquired a 149 acre tract of land in North Dade which came to be
commonly known as the Ojus Property. In 1995, the City sold the 54.7 acres of the
property to the School Board of Dade County and 92.46 acres to Metropolitan Dade
County (County). At that time, the City retained ownership of a 2-acre out-parcel of the
Ojus property for potential future development. The City also gave the County the "Right
of First Refusal for the Purchase and Sale of the 2 acre parcel" at the same cost per acre
as their adjacent parcel, if the City decided to sell the land.
AGENDA ITEM R. ~ D
DATE \O-~3-qG,
The City has negotiated the attached Contract for Purchase and Sale for the
aforestated 2.0 acres, for the purchase price of $144,876.00. The proceeds from the
sale of the Property to the County shall be dedicated to the City's General Fund.
CONCLUSION
The City Commission should approve the sale of the 2.0 acre parcel; Authorize the
Mayor and City Clerk to execute a contract for sale and purchase between the City and
the County, in the amount of $144,876.00, subject to final negotiation and review of
same by the Administration and the City Attorney's Office; Authorizing the Mayor and
City Clerk to execute the deed and any and all necessary closing documents, subject to
review of same by the City Attorney's Office; and Dedicate the proceeds from the sale
to the City's General Fund.
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METROPOLITAN DADE COUNTY, FLORIDA
GEmtr:~~~~G ACCOUNT loa
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-Q0135858
DATE
CHECK NUMBER
12/10/1<;96
00735858
[J
By
ONE HUNDRED feRTY f~
THI~lY CNE DOLLARS AND
PAY
To
The
)rder
Of
AMOUNT
QJM;l
670
$ ....144,831.00
- ~ EIGHT HUNDRED,
NO CENTS
VOID AFTER 6 MONTHS
CliY Cf MIAMI BEACH
PC 80X 25533
MIAMI BEACH Fl 33102-5533
METROPOLITAN DADE COUNlY
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~~~MAYOR
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DOCUMENT NlJIIlE':R
DESCRIP1ICN
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12/10/1996
lC8
0013.5858
DCC REF NU~BER
AMOUNT
144,831.00
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&~7r
12/10/1996
~44,e31.00
CI1Y CF MIAMI BEACH
PC 80)( 2=533
MIAMI BEACH FL 33102-5533
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9~...2217f)
THIS CHECK REPRESENTS A PAYMENT EITHER UNDER A TRUST AGREEMENT OR FOR GOODS AND SERVICES DELIVERED OR RENDERED TO DADE COUNTY.
SUPPORT DOCUMENTATION IS KEPT ON FILE BY THE CLERK'S OFFICE. FOR ADDITIONAL INFORMATION, CONTACT (305) 375-5111.
CONTRACT FOR SALE AND PURCHASE
..\ This Contract for Sale and Purchase is entered into as of the 2.1- day of
"V\J. 1996, by and between METROPOLITAN DADE COUNTY, a political
subdivision of the State of Florida, hereinafter referred to as "Buyer" and CITY OF MIAM
BEACH, a Florida Municipal Corporation, whose address is 1700 Convention Center Drive,
Miami Beach, Florida 33139, hereinafter referred to as "Seller."
WITNESSETH, that for and in consideration of the mutual covenants contained herein,
the Buyer and Seller agree as follows:
1. REAL TY. Seller agrees to sell to Buyer that certain real property known as the Ojus
Property comprising approximately 2.0 acres of land, more specifically described in Exhibit
A, together with all tenements, hereditaments, privileges, servitudes, rights-of-reverter, and
other rights appurtenant thereto: all buildings, fixtures, and other improvements thereon, if
any, all fill and top soil thereon; all oil, gas and mineral rights possessed by Seller; and all
right, title and interest of Seller in and to any and all streets, roads, highways, easements,
drainage rights, or rights-of-way, appurtenant to the real property; and all right, title and
interest of Seller in and to any and all covenants, restrictions, agreements and riparian rights
benefiting the real property (all of the foregoing being referred to as the "Property").
2. PURCHASE PRICE. Buyer agrees to pay Seller a purchase price of One hundred and
forty-four thousand eight hundred and seventy-six dollars and noll 00 ($144,876.00) for the ~
Property at closing by Dade County Check. -
3. INTEREST CONVEYED. Seller warrants that it holds fee simple title to the Property, free
and clear of any and all encumbrances; and agrees to convey good, marketable, and insurable
fee simple title by Warranty Deed. Seller agrees to provide at closing an executed Warranty
Deed in favor of Buyer, substantially in the form attached hereto as Exhibit B.
4. PRORA TIONS. Delinquent ad valorem taxes, if any shall be paid by Seller. 1996 ad
valorem and personal property taxes, assessments, utility fees, solid waste disposal fees,
improvement liens, rents, costs and revenues, if any, and any and all other proratable items
shall be prorated as of midnight on the date preceding the date of closing.
5. TITLE INSURANCE. Buyer shall at Seller's expense and within fifteen (15) business days
of the effective date of this Contract, obtain a marketable title insurance conunitment and
Buyer shall at Buyer's expense obtain an owner's marketable title insurance policy (AL T A
Form "B") from a title insurance company licensed by the State of Florida in the amount of
the purchase price. Said policy shall show a good, marketable. and insurable title to the
Property in the Seller's name. In addition, the policy shall insure title to the Property for the
period between closing and recording of the warranty deed. In connection herewith, Seller
agrees to provide and pay the cost of recording of all affidavits and other documents as
required by the .title insurer. Buyer shall have ten (10) business days from receipt of title
0&114196
OlUSCON2 SAM
documents to inspect said title documents and report defects, if any, in WTiting to the Seller.
If the title search shows title to the Property to be unmarketable and uninsurable as provided
herein, the Seller shall have sixty (60) days from receipt of written notice from Buyer to cure
the designated defects. The Seller hereby agree to use reasonable diligence to cure said
defects. If Seller is unable, after reasonable diligence, to make the title good, marketable and
insurable, then this Contract shall be rendered null and void and both Buyer and Seller shall
be released of all obligations hereunder, except that Buyer may waive any defects and
proceed with closing at Buyer's option. Seller shall pay all reasonable recording fees for
corrective instruments required hereunder. Should the estimated cost to cure said title defect
exceed a sum which is equal to 1 % of the purchase price as stated in paragraph 2, Seller may
elect to terminate this Contract and neither party shall have any further obligations under this
Contract.
6. SURVEY. No later than 20 days prior to the closing date, Buyer shall obtain at its sole cost
and expense, a current certified survey of the Property prepared by a professional land
surveyor licensed by the State of Florida. If the survey shows any encroachment on the
Property or that any improvements on the Property encroach on the land of others, the same
shall be regarded as a title defect unless the title insurance company is willing and able to
insure Buyer against the results therefrom. Further Seller's liability to cure any and all
encroachments shall not exceed one percent (I %) of the purchase price referenced in
Paragraph 2 herein.
7. TENANCIES. Seller warrants that there is no tenant in possession of the Property and that
there are no leases or other agreements and understandings either oral or written affecting
possession, use or occupancy of the Property. Seller represents that no person is living on or
occupying the Property and that Seller shall be responsible for evicting any and all persons
and/or personal property found on the Property prior to closing.
8. LIENS. Certified municipal and county liens, if any, shall be paid in full at or before closing
by the Seller. If a pending lien has been filed against the subject Property which has not been
certified as of the date of closing, and the work and improvements for which the lien was
filed have been completed prior to the closing, despite the fact that the pending lien has not
been certified, such lien shall be paid by the Seller.
9. CONDITION OF PROPERTY. Buyer may require Seller to remove illegal surficial solid
waste from the Property prior to closing. For the purpose of this paragraph, the term "solid
waste" means solid waste as defined by Section 15-1 (ss) of the Dade County Code, and
excluding from the definition all clean yard trash and litter. The Buyer shall inspect the
Property not later than 14 days before the scheduled closing for the purpose of identifying
solid waste to be removed.
10. FINAL INSPECTIONS. Buyer and Seller agree to conduct a joint final inspection of the
Property two (2) business days prior to the date of closing to verify that the stipulations of
Paragraph II, "Condition of Property", have been satisfied. In the event the Property is not
in the stipulated conaltion, Seller agrees to remove any identified materials, as necessary to
comply with Paragraph 11, such activities to be accomplished within thirty (30) days after
08114/96
OJLSCON2 SAM
closing In the event Seller fails to remove the identified materials, Buyer may remove such
items and deduct the cost thereof from the last payment to be paid to Seller in accordance
with paragraph 3 hereof.
11. CLOSING. The closing of this transaction shall be completed within 30 business days of
the execution of this contract unless otherwise extended, as mutually agreed upon by both
Buyer and Seller or as otherwise provided herein. The precise date, time and place of closing
shall be set by Buyer.
12. TIME. Buyer and Seller mutually agree to fully and timely execute such papers as deemed
necessary by Buyer's and Seller' attorneys to complete the conveyance in accordance with the
terms of this Contract. Time is ofthe essence in this Contract. The timely performance of all
obligations may be excused by an event of force majeure. For the purpose of this Contract,
''force majeure" means an event arising from a cause beyond the control of the parties which
delays or prevents the timely performance of obligation. Unanticipated or increased cost, or
unavailability of funds, are not force majeure events.
13. EXPENSES. Buyer shall be responsible for recording fees on the Warranty Deed. Seller
shall be responsible for the payment of Florida Documentary Stamp Tax and any Surtax due
on the Warranty Deed.
14. LOSS. All risk of loss to the Property shall be borne by Seller until transfer of title.
15. ACCESS. Seller represents that there is legal ingress and egress to the Property.
16. POSSESSION. Seller shall deliver possession of the Property and keys to all locks, if any,
to the Buyer at closing.
17. DEFAULT. If Seller or Buyer defaults under this Contract, the non-defaulting party may, at
its sole option, (i) waive the default and proceed with closing; (ii) rescind this Contract; or,
(iii) enforce its right to specific performance.
18. LITIGATION. In the event of any litigation arising out of this Contract, the prevailing
party shall be entitled to recover reasonable attorney's fees and costs from the other party
upon final court judgment, including appellate proceedings.
19. DISCLOSURE. Seller represents that there are no facts known to Seller which materially
affect the value of the Property which have not been disclosed by Seller to Buyer or which
are not readily observable to Buyer. Seller shall be responsible for payment of any and all
amounts owed for labor, materials supplied, services rendered and/or any other bills or
amounts related to Seller and Seller's ownershipl and or operation of the Property prior to
Closing..
20. CHILD'S WORLD. Seller acknowledges that there is ongoing litigation between Seller and
Miami Child's Work.! concerning the Property, said litigation styled Miami Child's World,
Inc. v. City of Miami Beach and School Board, 11 th Judicial Circuit Court Case No.
01114'96
OJUSCON2 SAM
91-10956 (CA 10). Seller agrees to indemnify, save and hold Buyer harmless from any and
all damages which may be awarded against Seller as a result, directly or indirectly, of said
litigation and to defend Buyer in any litigation that may arise therefrom, paying all damages
which may be awarded therein. In addition, and with regard to Miami Child's World's claims
against the City of Miami Beach only, if said litigation results in any cloud on the title to the
Property, or in transfer of the Property itself to a third party, then in that event, Seller agrees
to do whatever necessary, including litigation to remove such cloud or defeat such a transfer,
and if Seller fails to remove said cloud or defeat such a transfer, then this entire agreement is
void ab initio and of no further legal force or effect, and Seller shall reimburse Buyer for all
moneys expended by Buyer in its performance of this contract.
21. ASSIGNMENT/SUCCESSORS IN INTEREST. This Contract shall be binding on the
heirs, successors, trustees, and assigns of the respective parties hereto. Neither this Contract
nor any interest therein shall be assigneq. by Buyer or Seller without the express written
consent of each other.
22. NOTICE. All communications regarding this transaction shall be directed to:
as to Buyer:
METROPOLITAN DADE COUNTY
Director, Facilities Planning and Development
General Services Administration
III N.W. 1 Street, Ste. 2460
Miami, FL 33128
as to Seller:
CITY OF MIAMI BEACH
Assistant City Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
with copies to:
CITY OF MIAMI BEACH
City Attorney's Office
1700 Convention Center Drive
Miami Beach, Florida 33139
23. RJGHT TO ENTER PROPERTY. Buyer and its agents shall, upon reasonable notice,
have the right to enter the Property for all lawful purposes including securing the property
against further illegal dumping in connection with this transaction provided that Buyer shall
within and to the extent of limitations under Section 768.28, Florida Statutes indemnify and
hold Seller harmless for damage or injury caused by Buyer and its agents.
24. RECORDING. This Contract or notice thereof may be recorded by Buyer in the minutes of
the Clerk's Office of each of the parties, but shall not be recorded in the official public
records of the Clerk of the Court of Dade County, Florida.
.....
0&114'96
OJUSCON2 SAM
25. ENTIRE AGREEMENT. This Contract contains the entire agreement between the parties
hereto as it pertains to the subject matter contained herein and shall supersede and take
precedence over any and all prior and contemporaneous agreements and understandings
between the parties hereto.
26. CONDITIONS. The Contract is conditioned upon approval by the Dade County Board of
County Commissioners and approval by the City of Miami Beach Commission as well as
public hearing approval pursuant to Section 33-303 of the Code of MetroPolitan Dade
County .
IN WITNESS WHEREOF, the Buyer and Seller have duly executed this Contract as of
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HARVE"-rRUVIN, CLERK
BY:~:-~
Dep ty erk
BUYER:
METROPOLITAN DADE COUNTY, a
political bdivision of the State of Florida
~
(OFFICIAL SEAL)
Date:
ATTEST:
'd ell j \;~ i
Y of ajlt'-Y . 19 95. by
issioners of Dade County, Florida.
RD~~ p~
By:
City Clerk
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The foregoing was accepted and approved on the A
Resolution No. j(.I1J.1' -J~ of the Board of County
01114196
OJl:SCO~2 SAM
EXHIBIT A
Legal Description
A PARCEL OF LAND BEING A PORTION OF THE NORTHEAST 1/4 OF' SECTION
32, TOWNSHIP 51 SOUTH, RANGE 42 EAST IN DADE COUNTY, FLORIDA AND
BEING MORE PARllCULARL Y DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCE AT THE EAST 1/4 CORNER Of SAID SECTION 32: THENCE
S88.44'Ol"W ALONG THE SOUTH LINE or SAID NORTHEAST 1/4 or
SECllON 32 FOR 100.00 rEET TO A POINT OF INTERSECTION WITH THE
WESTERLY RIGHT-OF-WAY LINE OF THE SEABOARD ALL FLORIDA RAILROAD
RIGHT-OF-WAY, WITH SAID WESTERLY RIGHT-OF-WAY LINE BEING A LINE
100.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO AND
PARALLEL WITH THE EAST LINE OF SAID NORTHEAST 1/4 OF SECTION 32
AND SAID POINT OF INTERSECTION BEING THE POINT OF BEGINNING OF
THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE CONTINUE
S88.44'Ol"W ALONG SAID SOUTH LINE OF THE NORTHEAST 1/4 or
SECllON 32 FOR 295.17 FEET; THENCE N01.55'15"W FOR 295.17 FEET;
THENCE N88.44'Ol"E rOR 295.17 fEET TO A POINT OF INTERSECTION
WITH SAID WESTERLY RIGHT-OF-WAY LINE OF THE SEABOARD ALL FLORIDA
RAILROAD RIGHT-or-WAY; THENCE S01.55'15"E ALONG SAID WESTERLY
RIGHT-OF - WA Y LINE or THE SEABOARD ALL FLORIDA RAILROAD RIGHT -OF-
WA Y FOR 295.17 FEET TO THE P)INT OF BEGINNING.
SAID PARCEL CONTAINS 2.00 ACRES, MORE OR LESS.
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