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90-20010 Reso 'f' RESOLUTION NO. 90-20010 A RESOLUTION 01' THE CITY COMMISSION OF THE CITY 01' MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SALES AGREEMEB'r WITH MILTON LAVEIUfIA FOR SALE 01' PARCELS 2 AND 3 IN NORMANDY ISLE' , AND DECLARING PARCELS 2 AND 3 SURPLUS PROPERTY BE IT RESOLVED BY THE CITY COMMISSION 01' THE CITY OF MIAMI BBACH, FLORIDA, THAT WHEREAS, the City of Miami Beach ("city") issued a Request for Proposal (RFP 73-89/90) for Sale of Three Single Family Lots, Parcels 1, 2, and 3 in Normandy Isle ; and WHEREAS, Mil ton Lavernia submitted a proposal to purchase Parcels 2 and 3 for One Hundred Thirty-One Thousand ($131,000.00) Dollars for each parcel or a total of Two Hundred Sixty-Two Thousand ($262,000.00) Dollars; and WHEREAS, the City wishes to declare Parcels 2 and 3 as surplus property; NOW THEREFORE, BB IT DULY RESOLVED BY THE CITY COMMISSION 01' THE CITY OF MIAMI BEACH, that Parcels 2 and 3 are hereby declared Surplus Property and that the Mayor and the City Clerk are authorized to execute the Sales Agreement with Milton Lavernia for the sale of Parcels 2 and 3, subject to changes thereto as approved by the city Attorney. PASSED AND ADOPTED THIS 6th day of June , 1990. ATTEST: ~ ~ (/3JJ CITY CLERK FORM APPROVED LEGAL DEPT. ..c:::P~;>?~ DIM ~/r~/9{) I PNB:EJD:HCM:ses \ \ ~ ~ .-' , . . " ea, Df 11ttaHd ~ead . FLORIDA 33139 "V ACA TIONLAND U. S. A." ' OFFICE OF THE city MANAGER ROB W. PARKINS CITY MANAGER CITY HALL 1700 CONVENTION CENTER DRIVE TELEPHONE: 173-7010 COMMISSION MEMORANDUM NO. 3cn....q 0 DATE: June 6. 1990 FROM: SALS NO. 73-8'/'0, WOR TBB PURCBASB OW PROPBRTY LOCATBD AT 1185-1205 NORU SBORB ZSLB ZH TBB CZTY O~ KZAHZ BBACK TO: Rob W. Perk City Mlnagsr DQUBST I'OR PR CZTY OWllBD VAC DRZVB, HORKAHDY ADVBRTZSBJlBft DATB: PROPOSAL OPBNZlfCJ DATB: BOTZCBS BILBD: SPBCIPICATIOlfS ~LBD: DPLIBS DCBrvBD: SUBJECT: February 27, 1990 March 27, 1990 One Hundred Eight-Four (184) Twenty-Nine (29) Three (3) ~,'j BACltCJROUIID: The following chronology outlines the City'S efforts over the past two and one-half (2-1/2) years to dispose of the property formerly used as a trash transfer station located on North Shore Drive, Normandy Isle: 10/0'/87 Land Use Committee received a report from the planning Director. This report concerned results of a survey mailed to single family. homeowners on Normandy Isle and the report of an analysis of existing park inventories as compared to state standards. No specific recommendation was approved by the Committee. " 10/07/87 city commission recej,ved report of Land Use Committee. No recommendation offered by Committee. Motions were made to approve "Alternative An, three single-family residential lots and "Alternative C", two single-family residential lots with mini-park adjacent to one lot. Both motions died for lack of a second. Matter deferred to Commission meeting of 10/21/87 with Administration to submit detail as to alternatives and inform area residents of same. 10/03/88 Land Use Committee recommended sale of property as three single family lots. 10/05/88 city Commission received report of Land Use Committee. Matter was deferred to next commission meeting with request that Administration prepare recommendation. 11/30/88 Capital Improvements Committee 'held a public hearing concerning the North Shore Stash Area. No recommendation' was approved by the Committee "because there was such a small turnout at, that public hearing." 38 AGENDA ITEM R-l-Q. b-'~-' q 0 DATE i, " .' RBQUBST ~OR PROPOSALS NO. 73-89/90, ~OR TUB PORCRASB O~ CITY OWNED VACANT PROPBRTY LOCATBD AT 1185-1205 NORTH SHORB DRIVB, RORJUUfDY ISLB IN THB CITY O~ KIANI BBACH JURB I, 1990 PAGB -2- 12/0'/88 04/17/8' OS/25/8' OS/21/8,' 01/21/8' 01/28/8' 07/18/8' 07/1'/8' 07/21/8' 08/14/8t 08/23/8' city Commission received report of Capital Improvements Committee. Commission authorized Administration to issue Request for Proposals (RFP) for sale of property with decision to sell the three lots to be determined after prices offered were known. City Administration issued Request For proposals (RFP) No. 65-88/89, requestinq proposals for purchase of the three (3) lots. Notices of availability of the RFP were mailed to one hundred twenty (120) individuals, firms and aqencies havinq a potential interest in the properties.Thirty one (31) copies of the specifications were distributed to parties who requested them. No proposal was received by the due date established in the RFP. One proposal was received after the deadline for an amount substantially less than that established in the RFP. This proposal was returned as unresponsive and late. The Land Use Committee received a report from the City Administration concerninq the unsuccessful RFP process. The Commi ttee recommended that the ci ty Administration reissue the RFP with particular tarqetinq to the local real estate community with a firm statement that the minimum acceptable for ~~e land was $125,000 per lot. The city Commission approved the recommendation of the Land Use Committee. An unsolicited offer was presented to the City by Mr. Richard Finvarb ot Afkin Enterprises tor the three lots, at a price below that approved by the City commission ($250,000 for all three lots). The Land Use Commi ttee reviewed the offer from Atkin Enterprises and recommended that it not be accepted for sale of the property. The Commission approved the recommendation of the Land Use Committee for refusal of the offer from Atkin Enterprises. The Committee Chairman reported that the earlier procedure of offerinq the lots to realtors for non-exclusive listinq was anticipated. Prior to the city Administration's reissuinq the RFP, Dr. Guy Beaubois presented an offer for the purchase of the three (3) lots at the price established by the City commission. The Land Use Committee reviewed the ofter submitted by Dr. Beaubois and recommended its acceptance by the city Commission. '. 39 . . , , 1lBQUBST I'OR PROPOSALS ,NO. 73-89/90, I'OR TBB PURCDSB 01' CITY OWRBD VACANT PROPBRTY LOCATBD AT 1185-1205 NORD SBORB DRIVB, NORDllDY ISLB 1M '1'JIB CITY O. JaAKI BBAOB ,JUlOI I, 1990 PAGB -3- 09/01/89 The City commission approved a Contract ot Sale with Dr. Beaubois for sale of the three (3) lots tor $375,000. 10/31/8' The City coaission approved a Fir.t Amendment to the Contract ot Sale at the request ot Dr. Beaubois, providinq tor an extended period ot time to obtain the necessary loan commi tment required under the Contract of Sale, until November 30, 1989. 11/30/8' The city Administration received a reque.t trom Dr. Beaubois tor an extension ot the Contract ot Sale tor an additional forty-tive days. 12/13/8' The Land Use Committee concurred with the city Administration's tindinq that the contract ot Sale with Dr. Beaubois could not be turther extended, that the deposits received under such Contract of Sale should be returned anq that the property should be readvertised for sale and purchase. t 12/20/8' The deposit., made by Dr. Beaubois were returned to him wi th the advisement that he could participate in any subsequently scheduled request for proposals for sale and purchase of the property. , . 01/17/'0 The City c~mmission received a report trom the City Administration concerninq the progress in disposing of the property. The City Commission approved the recommendation of the City Administration to proceed with solicitation of 9ffers to purchase the properties for their highest and best use. 02/27/90 RFP No. 73-89/90 issued for sale ot the three (3) parcel. at a minimum sales price of $125,000 each. PROPOSAL TABULATION. Three (3) proposals were received on March 27, 1990 as follows: Parcell Parcel 2 Parcel 3 Francisco A. Dominquez *Dr.G. & Claudie Beaubois **Milton Lavernia $135,000 $135.001 No Bid No Bid No Bid $131.000 No Bid No Bid $131.000 * == High Bidder Lot t 1 ** == High Bidder Lots t 2 & 3 ADMINISTRATIOB RBCOIDlBlO)ATIOB. The City Administration recommends that the City commission approve Resolutions authorizing the Mayor and the City Clerk to execute Contracts of Sale for Par.cel No. 1 to Dr. Guy and Claudie Beaubois for $135,001 and for Parcels Nos. 2 and 3 to Milton Lavernia for $131,000 for each parcel; and, in the event that Dr. Guy and Claudie Beaubois fail to perform under the Contract of Sale, the next highest proposer, Francisco A. Dominquez will be given the opportunity to enter into a Contract of Sale for Parcel No.1, in accordance with the terms of the Request for Proposals;No. 73-89/90. I, RWP:EJD:HCM:ses ~o . ' , . . CONTRACT 01' SALE TB7S AGREEMENT made and entered into this 5th day of June, 1990, by and between the CITY 01' JUAJl7 BEACH, 1700 Convention Center Dr., Miami Beach, FL 33139 hereinafter referred to as "city" or "Seller" and Milton Lavernia whose address is 1401 S.W. 8th Street, Boca Raton, Florida 33486, hereinafter referred to as "Purchaser". W7TNBSSETH 1. The City agrees to sell and convey and the Purchaser agrees to purchase all that certain property lying in Miami Beach, Florida, and described as follows: Parcels '2 and '3, as described on EXhibits A , B, attached hereto and made a part hereof. 2. It is the City's intent to sell the city-owned property referenced above for the purpose of constructing two (2) single family detached dwellings, one on each parcel, to accommodate uses compatible with the surrounding land use. 3 . The subj ect property is vacant land. Purchaser hereby accepts the subject property in its present, "as is" condition. Purchaser represents and warrants that he has personally inspected the subject property and is satisfied with its condition. 4. The total purchase price for the subject property shall be Two Hundred Sixty Two Thousand and NO/100 Dollars ($262,000.00) payable in cash or bank certified or cashiers check at the time of closing. 5. The Purchaser has deposited with the City the sum of Thirteen Thousand One Hundred and NO/100 Dollars ($13,100.00), to be applied toward the purchase price. 6. The Purchaser shall provide the city with additional deposit in the amount of Thirteen Thousand One Hundred and No/100 ($13,100.00) within ten (10) days of approval of this contract by the City commission of the City of Miami Beach. Such additional deposit shall be applied toward the purchase price. -1- . ',,' J " , ' . . ' ,~ ' 7. The Purchaser shall have the right to use mortgage financing for the purchase. However, this contract is specifically not subject to or conditioned upon Purchaser receiving any financing for the purchase of the property, it being understood and agreed that the Purchaser shall pay all cash at closing, if Purchaser is unable to secure any mortgage financing. 8. Conveyance of title shall be by special warranty deed, free and clear of all encumbrances and liens of whatsoever nature, except utility easements located in rear or side boundaries of property and restrictions of record which do not affect marketability of title, applicable zoning regulations, taxes for current year, any liens which may be created by pending legislation prior to passage of: title, and other matters as are specified herein. Seller's special warranty deed shall also be clear of all reverter clauses and reservations for drainage, phosphate, minerals, metals, petroleum and rights-of-way, whether in favor of an individual or governmental unit. Seller shall also deliver an affidavit attesting to the absence of liens or potential lienors known to Seller. Marketable title shall be determined in accordance with standards adopted from time to time by the FLORIDA BAR. 9. The Seller shall at its expense furnish Purchaser with an abstract of title witrin forty-five (45) days from the date of this contract. Seller shall provide a complete abstract of title from the earliest public records certified and brought current by an existing abstract firm (if not existing, then certified as correct by an existing firm) ; purporting to be an accurate synopsis of the instruments affecting the title in accordance with standards adopted from time to time by the Florida Bar, subject only to liens, encumbrances, exceptions or qualifications set forth in this contract and those which shall be discharged by Seller at or before closing. Upon the cl?sing of this transaction, such abstract shall become the property of Purchaser but may be retained by the mortgagee until all outstanding mortgages are fully paid. In the event that after Purchaser has examined the title and said examination reveals: defects in Seller's title which affect marketability of title, Seller shall have a period of thirty (30) days after notification thereof within which to cure said defects. Failure of Seller to cure title defects within such 30 day time period shall allow Buyer to terminate this Contract within ten (10) days thereafter and ~eceive return of his deposit within 10 days after Seller receives written notice of termination. -2- .",' , , 10. Purchaser, within the time allowed for delivery of abstract and examination thereof, may have subject property surveyed at his expense. If the survey shows any encroachment on said property or tha~ the improvements presumed to be located on the subject property in fact encroach on the lands of others, or violate any of the covenants herein, the same shall be treated as a title defect, as provided in Paragraph 9 of this contract. 11. Closing shall take place within sixty (60) days of the approval of this contract by the City commission of the City of Miami Beach. If Purchaser utilizes financing for the purchase, closing shall be held at the office of the Closing agent selected by Lender, located in Dade County, Florida (otherwise the closing shall take place at the Office of the City Attorney in Miami Beach, Florida), and provided that the Seller shall be provided with the closing documents forty-eight (48) hours prior to closing. 12. State documentary stamps and surtax on deed and the cost of recording any corrective instruments shall be paid by Seller. The cost of recording the deed shall be paid by Purchaser. 13. Real and Personal property taxes shall be prorated based on the current year tax, if any (since ownership is by a municipality, property is exempt) with due allowance being made for the maximum allowable discount and for homestead or other exemptions if allowed for said year. If the closing occurs at a date when the current year' s assessment is not available, then taxes shall be prorated on the prior year's tax, provided, however, if there are completed improvements on the subject premises by January 1st of the year of closing which improvements were not in existence on January. 1st of the prior year, then the taxes shall be prorated to assessment to be agreed upon between the parties. However, any tax proration based on an estimate may at the request of either party be subsequently readjusted upon receipt of the tax bill, and a statement to that effect will be set forth in the closing statement. Not withstanding the foregoing, Buyer shall only be liable for payment of Real Property taxes accruing during the period that he owns the property. 14. Certified, confirmed and ratified special assessment liens as of the date of closing are to be paid by Seller. Pending liens as of the date of closing shall be assumed by Purchaser, provided, however, that where the improvement has been substantially completed as of the date of the contract, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing be charged an amount equal to the last estimate by the public body of the assessment for the improvement. -3- , , 15. No later than twenty (20) days before closing, Purchaser may deliver to Seller a written inspection report from the appropriate governmerttal authorities showing any building, zoning and other code violations. Any such violation shall be treated as a title defect. Seller hereby represents and warrants that at closing the property will be zoned for single family Residential use which will permit construction of one single family dwelling on each lot of the property. 16. Failure of Purchaser 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. 17. If Purchaser fails to perform this contract within the time specified, the deposit(s) paid by the Purchaser aforesaid may be retained by or for the account of Seller as liquidated damages, consideration for the execution of this contract and in full settlement of any claims; whereupon all parties shall be relieved of all obligations under the Contract, or Seller, at his option, may proceed at law or in equity to enforce his legal rights under this Contract. If, for any reason other than failure of Seller to render his title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Purchaser may seek specific performance or elect to receive the return of his deposit(s) thereby waiving any action for damages resulting from Seller's breach. 18. Time shall be of the essence. 19. 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 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, subdivislon 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. -4- . , ~ . ' . , # 20. 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 spch 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. 21. This contract including Exhibits A & B constitute 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. ZH WZTHESS WBERBOP, the parties hereto have set their hands and seals the date and year first above written. AftBST: Jf.r---- c .'d: 4Af~ ZTHESS ' ~a4/~ ~ WZ DSS .. ATTBST: ~~~ CZTY CLBRE ~w CZTY OP HZAHZ BEACH HCII:... 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