Ordinance 95-3021 ORDINANCE NO. 95-3021
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF NHAMI BEACH, FLORIDA, RATIFYING THE CITY OF MIAMI
BEACH RESOLUTION ADOPTED ON NOVEMBER 8, 1995 AND THE
NIIANII BEACH REDEVELOPMENT AGENCY RESOLUTION ADOPTED
ON NOVEMBER 8, 1995, REGARDING ACQUISITION OF THE
PROPERTY HAVING A STREET ADDRESS OF 1575 WASHINGTON
AVENUE, LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED
HERETO AND INCORPORATED HEREIN; SAID ACQUISITION DEEMED
AND DECLARED TO BE NECESSARY IN CONJUNCTION WITH
COMMUNITY REDEVELOPMENT AND RELATED ACTIVITIES AND
THE CITY CENTER/HISTORIC CONVENTION VILLAGE
REDEVELOPMENT AND REVITALIZATION AREA HOTEL PROJECT;
AND SPECIFICALLY APPROVING AND AUTHORIZING THE
ACQUISITION OF THE PROPERTY BY THE MIAMI BEACH
REDEVELOPMENT AGENCY THROUGH THE FILING OF EMINENT
DOMAIN PROCEEDINGS, INCLUDING A DECLARATION OF TAKING,
AS NECESSARY.
WHEREAS, the City of Miami Beach (the "City") and the Miami Beach Redevelopment
Agency ("RDA") are proceeding with their goal of economic stimulation and development by
assisting in the development of convention quality hotels; and
WHEREAS, a request for proposals has been issued addressing the development of these
hotels, in response to which bids have been received and negotiations are underway; and
WHEREAS,for the purpose of realizing the type of hotel developments contemplated by the
request for proposals, the RDA must develop a public parking garage project; and
WHEREAS,to develop such parking garage project,the RDA must acquire the property(the
"Property") having a street address of 1575 Washington Avenue, Miami Beach, Florida, legally
described on Exhibit "A" attached hereto and incorporated herein; and
WHEREAS,the Mayor and City Commission, by Resolution No. 92-20646, and the Dade
County Commission,by Resolution No. R-14-93, declared the area known as the City Center/Historic
Convention Village Redevelopment and Revitalization Area, which includes the Property, to be a
Redevelopment Area in which conditions of slum and blight have been demonstrated to exist; and
WHEREAS,on November 8, 1995,the Mayor and City Commission approved a Resolution
(attached hereto as Exhibit "B"), ratifying a Resolution of the RDA(attached hereto as Exhibit "C"),
finding, determining, and declaring the acquisition of the Property to be a public necessity and in the
best interest of the City, and further authorizing the RDA to institute eminent domain proceedings
on the Property to acquire fee simple title to same for use in connection with the City Center/Historic
Convention Village Redevelopment and Revitalization Area hotel project; and
WHEREAS, Section 163.375,Florida Statutes, provides, in relevant part, that a municipality
or a community redevelopment agency, with the specific approval of the municipality, has the right
to acquire by condemnation any interest in real property which it deems necessary for, or in
connection with, community redevelopment and related activities.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
Section 1. The Mayor and City Commission hereby ratify the City of
Miami Beach Resolution adopted on November 8, 1995 and the Miami Beach
Redevelopment Agency Resolution adopted on November 8, 1995, regarding
acquisition of the property having a street address of 1575 Washington Avenue,
Miami Beach,Florida, whose legal description is attached hereto as Exhibit "A" and
incorporated herein.
Section 2. The acquisition of the fee simple title interest to the Property
is deemed and declared to be necessary for, and in connection with, community
redevelopment and related activities under Chapter 163, Part III, Florida Statutes and
the City Center/Historic Convention Village Redevelopment and Revitalization Area
hotel project.
Section 3. The Mayor and City Commission hereby specifically approve
and authorize the acquisition of the fee simple title interest to the Property by the
RDA through the filing of eminent domain proceedings, pursuant to Section 163.375,
Florida Statutes, including a declaration of taking, as necessary.
Section 4. All ordinances, resolutions or parts in conflict herewith be and
the same are hereby repealed.
Section 5. If any section, sentence, clause or phrase of this ordinance is
held to be invalid or unconstitutional by any court of competent jurisdiction, then said
holding shall in no way affect the validity of the remaining portions of this ordinance.
Section 6. This ordinance shall take effect ten(10)days after its adoption,
on December 1 , 1995.
PASSED and ADOPTED this 21st day of , ovember
t 5.
)9 #1
ATTEST:
FORM APPROVED
Y CLERK L.al
:cm.covesosurmword By . I/ Nf. .fi.
Attachments r v '
1st reading 11/8/95 Date
2nd reading 11/21/95 2
Lot 11, in Block 57, of FISHER'S FIRST SUBDIVISION OF ALTON BRACH,
according to the plat thereof, as recorded in Plat Book 2, at Page 77,
of the Public Records of Dade County, Florida;
EXHIBIT "A" —
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, RATIFYING THE MIAMI BEACH
REDEVELOPMENT AGENCY RESOLUTION ADOPTED ON NOVEMBER
8, 1995, REGARDING ACQUISITION OF THE PROPERTY HAVING A
STREET ADDRESS OF 1575 WASHINGTON AVENUE, LEGALLY
DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND
INCORPORATED HEREIN; SAID ACQUISITION DEEMED AND
DECLARED TO BE NECESSARY IN CONJUNCTION WITH COMMUNITY
REDEVELOPMENT AND RELATED ACTIVITIES AND THE CITY
CENTER/HISTORIC CONVENTION VILLAGE REDEVELOPMENT AND
REVITALIZATION AREA HOTEL PROJECT; AND SPECIFICALLY
APPROVING AND AUTHORIZING THE ACQUISITION OF THE
PROPERTY BY THE MIAMI BEACH REDEVELOPMENT AGENCY
THROUGH THE FILING OF EMINENT DOMAIN PROCEEDINGS,
INCLUDING A DECLARATION OF TAKING, AS NECESSARY.
WHEREAS, the City of Miami Beach (the "City") and the Miami Beach Redevelopment
Agency ("RDA") are proceeding with their goal of economic stimulation and development by
assisting in the development of convention quality hotels; and
WHEREAS, a request for proposals has been issued addressing the development of these
hotels, in response to which bids have been received and negotiations are underway; and
WHEREAS,for the purpose of realizing the type of hotel developments contemplated by the
request for proposals, the RDA must develop a public parking garage project; and
WHEREAS,to develop such parking garage project, the RDA must acquire the property(the
"Property") having a street address of 1575 Washington Avenue, Miami Beach, Florida, legally
described on Exhibit "A" attached hereto and incorporated herein; and
WHEREAS,the Mayor and City Commission, by Resolution No. 92-20646, and the Dade
County Commission,by Resolution No. R-14-93, declared the area known as the City Center/Historic
Convention Village Redevelopment and Revitalization Area, which includes the Property, to be a
Redevelopment Area in which conditions of slum and blight have been demonstrated to exist; and
WHEREAS, on November 8, 1995, the Chairman and Members of the RDA approved a
Resolution(attached hereto as Exhibit "B"), finding, determining, and declaring the acquisition of the
Property to be a public necessity and in the best interest of the City, and further authorizing the RDA
to institute eminent domain proceedings on the Property to acquire fee simple title to same for use
in connection with the City Center/Historic Convention Village Redevelopment and Revitalization
Area hotel project; and
EXHIBIT "B" —
•
WHEREAS, Section 163.375,Florida Statutes, provides, in relevant part, that a municipality
or a community redevelopment agency, with the specific approval of the municipality, has the right
to acquire by condemnation any interest in real property which it deems necessary for, or in
connection with, community redevelopment and related activities.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
Section 1. The Mayor and City Commission hereby ratify the Miami
Beach Redevelopment Agency Resolution adopted on November 8, 1995, regarding
acquisition of the property having a street address of 1575 Washington Avenue,
Miami Beach,Florida, whose legal description is attached hereto as Exhibit "A" and
incorporated herein.
Section 2. The acquisition of the fee simple title interest to the Property
is deemed and declared to be necessary for, and in connection with, community
redevelopment and related activities under Chapter 163, Part III, Florida Statutes and
the City Center/Historic Convention Village Redevelopment and Revitalization Area
hotel project.
Section 3. The Mayor and City Commission hereby specifically approve
and authorize the acquisition of the fee simple title interest to the Property by the
RDA through the filing of eminent domain proceedings, pursuant to Section 163.375,
Florida Statutes, including a declaration of taking, as necessary.
PASSED and ADOPTED this day of , 1995.
MAYOR
ATTEST:
CITY CLERK
All Nkw;c:wpwin60VesosU5751581_Ns FORM APPROVED
Attachments
-.al D-p
By 41 ,41 I
Date I •
2
I -
Lot 11, in Block 57, of FISHER'S FIRST SUBDIVISION OF ALTON BEACH,
according to the plat thereof, as recorded in Plat Book 2, at Page 77,
of the Public Records of Dade County, Florida;
•
EXHIBIT "A" --
RESOLUTION NO.
A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE MIAMI
BEACH REDEVELOPMENT PAGENCY,
HAVING STREET ADDRESS F
G AND DECLARING
ACQUISITION OF THE ROPERTY
1575 WASHINGTON AVENUE,LEGALLY DESCRIBED ON EXHIBIT "A"
ATTACHED HERETO AND INCI�QRP4RNATERD/HI�STORIC REIN, OBE A PUBLIC
CONVENTION
NECESSITY FOR THE
VILLAGE HOTEL PROJECT, AND DEEMING AND DECLARING THE
ACQUISITION AS NECESSARY FOR, AND IN CONNECTION WITH,
COMMUNITY REDEVELOPMENT AND RELATED ACTIVITIES; AND
AUTHORIZING THE ACQUISITIONOF THE PROPERTY BY EMINENT DOMAIN PROCEEDINGS
DINGS
HASE,
DONATION, OR THE FILING OF
AND A DECLARATION OF TAKING,AS NECESSARY, AS A POTENTIAL
SITE FOR A PARKING GARAGE PROJECT.
WHEREAS, the City of Miami Beach (the "City") and the Miami Beach Redevelopment
Agency ("RDA") are proceeding with their goal of economic stimulation and development by
assisting in the development of convention quality hotels; and
WHEREAS, a request for proposals has been issued addressing the development of these
hotels, in response to which bids have been received and negotiations are underway; and
WHEREAS,for the purpose of realizing the type of hotel developments contemplated by the
request for proposals, the RDA must develop a public parking garage project; and
WHEREAS,to build such parking garage project, the RDA must acquire the property (the
"Property")having a street address of 1575 Washington Avenue, Miami Beach, Florida, whose legal
description is on Exhibit "A" attached hereto and incorporated herein; and
WHEREAS,the Mayor and the City Commission by Resolution No. 92-20646 and the Dade
County Commission by Resolution No. R-14-93 declared the area known as the City Center/Historic
Convention Village Redevelopment and Revitalization Area, which includes the Property, to be a
Redevelopment Area in which conditions of slum and blight have been demonstrated; and
WHEREAS, the RDA has adopted a redevelopment plan for the City Center/Historic
Convention Village Redevelopment and Revitalization Area; and
WHEREAS, acquisition is a remedy to eliminate slum and blight and preserve historic
properties by undertaking the necessary efforts to redevelop them according to approved plans; and
EXHIBIT "B"
WHEREAS, the Property has been designated by the City in the City's Historic Properties
Data Base as a contributing building in the locally designated Flamingo Park Historic District and has
been designated in the National Register Historic District; and
WHEREAS, the Summary of Findings Pertaining to Proposed Convention Headquarter
Hotels in Miami Beach, Florida, dated March, 1990, prepared by Laventhol & Horwath and the
Miami Beach Convention Village, Phase One: Convention Hotel Compatibility Study dated
September, 1992, prepared by Wallace, Roberts&Todd, Zyscovich, Inc., Kenneth Leventhal & Co.,
Hardy, Holzman Pfeiffer Associates and other studies determined that in order for the Miami Beach
Convention Center to survive, convention hotels supporting the Convention Center were necessary
in the immediate area; and
WHEREAS,the RDA finds, determines and declares that the acquisition of the Property is
a public necessity and is necessary, practical and in the best interest of the City; and
WHEREAS, the Executive Director of the RDA recommends that the RDA authorize the
RDA's General Counsel to institute eminent domain proceedings on the Property; and
WHEREAS,the RDA deems, finds, determines and declares that it is necessary to acquire
fee simple title to the Property in connection with community redevelopment and related activities
and the City Center/Historic Convention Village hotel project; and
WHEREAS,the RDA finds, determines and declares that the acquisition of the Property by
purchase, donation,or eminent domain proceedings, including a declaration of taking, is for the public
use and benefit.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRMAN AND
MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY that:
1. The RDA finds, determines, and declares that those matters set out in the foregoing
recitals are true and correct, and they are hereby incorporated as a portion of this Resolution.
2. The recommendation of the Executive Director of the RDA that the RDA's General
Counsel institute condemnation proceedings in order to acquire the fee simple title interest to the
Property in connection with the City Center/Historic Convention Village hotel project is hereby
accepted and approved.
3. The acquisition of the fee simple title interest to the Property is deemed and declared
to be necessary for, and in connection with, community redevelopment and related activities under
Chapter 163, Part III, Florida Statutes and the City Center/Historic Convention Village
Redevelopment and Revitalization Area hotel project.
2
4. The RDA finds, determines, and declares that acquisition of the fee simple title interest
to the Property by purchase, donation, or eminent domain proceedings, including a declaration of
taking, is for the public use and benefit.
5. The RDA finds, determines and declares that the acquisition of the fee simple title
interest to the Property is a public necessity and is necessary, practical and in the best interests of the
City.
6. The RDA authorizes the Executive Director of the RDA and the RDA's General
Counsel, through special counsel engaged for such purposes, to acquire the fee simple title interest
to the Property through purchase, donation, or eminent domain proceedings, including a declaration
of taking.
PASSED AND ADOPTED this day of , 1995.
CHAIRMAN
ATTEST:
SECRETARY
AIT/kw
c\wpwai600.05\15751 S81 ida
FORM APPROVED
REDEVELOPMENT AGENCY
GENERAL CO NSE
By
Date t�t /95
3
Lot 11, in Block 57, of FISHER'S FIRST SUBDIVISION OF ALTON BEACH,
according to the plat thereof, as recorded in Plat Book 2, at Page 77,
of the Public Records of Dade County, Florida;
•
EXHIBIT He —
RESOLUTION NO.
A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE MIAMI
BEACH REDEVELOPMENT AGENCY, DEEMING AND DECLARING
ACQUISITION OF THE PROPERTY HAVING A STREET ADDRESS OF
1575 WASHINGTON AVENUE,LEGALLY DESCRIBED ON EXHIBIT "A"
ATTACHED HERETO AND INCORPORATED HEREIN, TO BE A PUBLIC
NECESSITY FOR THE CITY CENTER/HISTORIC CONVENTION
VILLAGE HOTEL PROJECT, AND DEEMING AND DECLARING THE
ACQUISITION AS NECESSARY FOR, AND IN CONNECTION WITH,
COMMUNITY REDEVELOPMENT AND RELATED ACTIVITIES; AND
AUTHORIZING THE ACQUISITION OF THE PROPERTY BY PURCHASE,
DONATION, OR THE FILING OF EMINENT DOMAIN PROCEEDINGS
AND A DECLARATION OF TAKING,AS NECESSARY, AS A POTENTIAL
SITE FOR A PARKING GARAGE PROJECT.
WHEREAS, the City of Miami Beach (the "City") and the Miami Beach Redevelopment
Agency ("RDA") are proceeding with their goal of economic stimulation and development by
assisting in the development of convention quality hotels; and
WHEREAS, a request for proposals has been issued addressing the development of these
hotels, in response to which bids have been received and negotiations are underway; and
WHEREAS,for the purpose of realizing the type of hotel developments contemplated by the
request for proposals, the RDA must develop a public parking garage project; and
WHEREAS,to build such parking garage project, the RDA must acquire the property(the
"Property")having a street address of 1575 Washington Avenue, Miami Beach, Florida, whose legal
description is on Exhibit "A" attached hereto and incorporated herein; and
WHEREAS,the Mayor and the City Commission by Resolution No. 92-20646 and the Dade
County Commission by Resolution No. R-14-93 declared the area known as the City Center/Historic
Convention Village Redevelopment and Revitalization Area, which includes the Property, to be a
Redevelopment Area in which conditions of slum and blight have been demonstrated; and
WHEREAS, the RDA has adopted a redevelopment plan for the City Center/Historic
Convention Village Redevelopment and Revitalization Area; and
WHEREAS, acquisition is a remedy to eliminate slum and blight and preserve historic
properties by undertaking the necessary efforts to redevelop them according to approved plans; and
EXHIBIT "C" —
WHEREAS, the Property has been designated by the City in the City's Historic Properties
Data Base as a contributing building in the locally designated Flamingo Park Historic District and has
been designated in the National Register Historic District; and
WHEREAS, the Summary of Findings Pertaining to Proposed Convention Headquarter
Hotels in Miami Beach, Florida, dated March, 1990, prepared by Laventhol & Horwath and the
Miami Beach Convention Village, Phase One: Convention Hotel Compatibility Study dated
September, 1992, prepared by Wallace,Roberts&Todd, Zyscovich, Inc., Kenneth Leventhal & Co.,
Hardy,Holzman Pfeiffer Associates and other studies determined that in order for the Miami Beach
Convention Center to survive, convention hotels supporting the Convention Center were necessary
in the immediate area; and
WHEREAS,the RDA finds, determines and declares that the acquisition of the Property is
a public necessity and is necessary, practical and in the best interest of the City; and
WHEREAS, the Executive Director of the RDA recommends that the RDA authorize the
RDA's General Counsel to institute eminent domain proceedings on the Property; and
WHEREAS,the RDA deems, finds, determines and declares that it is necessary to acquire
fee simple title to the Property in connection with community redevelopment and related activities
and the City Center/Historic Convention Village hotel project; and
WHEREAS,the RDA finds, determines and declares that the acquisition of the Property by
purchase, donation, or eminent domain proceedings, including a declaration of taking, is for the public
use and benefit.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRMAN AND
MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY that:
1. The RDA finds, determines, and declares that those matters set out in the foregoing
recitals are true and correct, and they are hereby incorporated as a portion of this Resolution.
2. The recommendation of the Executive Director of the RDA that the RDA's General
Counsel institute condemnation proceedings in order to acquire the fee simple title interest to the
Property in connection with the City Center/Historic Convention Village hotel project is hereby
accepted and approved.
3. The acquisition of the fee simple title interest to the Property is deemed and declared
to be necessary for, and in connection with, community redevelopment and related activities under
Chapter 163, Part III, Florida Statutes and the City Center/Historic Convention Village
Redevelopment and Revitalization Area hotel project.
2
4. The RDA finds, determines, and declares that acquisition of the fee simple title interest
to the Property by purchase, donation, or eminent domain proceedings, including a declaration of
taking, is for the public use and benefit.
5. The RDA finds, determines and declares that the acquisition of the fee simple title
interest to the Property is a public necessity and is necessary, practical and in the best interests of the
City.
6. The RDA authorizes the Executive Director of the RDA and the RDA's General
Counsel, through special counsel engaged for such purposes, to acquire the fee simple title interest
to the Property through purchase, donation, or eminent domain proceedings, including a declaration
of taking.
PASSED AND ADOPTED this day of , 1995.
CHAIRMAN
ATTEST:
SECRETARY
AIT/kw
¢\wpwin60\resos\15751581 Ida
FORM APPROVED
REDEVELOPMENT AGENCY
GENERAL CO NSE
By 4
Date VV /95
3
Lot 11, in Block 57, of FISHER'S FIRST SUBDIVISION OF ALTON BEACH,
according to the plat thereof, as recorded in Plat Book 2, at Page 77,
of the Public Records of Dade County, Florida;
•
EXHIBIT "A"
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. M.3-95
< J
TO: Mayor Seymour Gelber and
Members of the City Commission DATE: November 21, 1995
FROM: Jose Garcia-Pedrosa ////////a
City Manager ,
SUBJECT:
AN ORDINANCE - •TIFYING THE CITY OF MIAMI BEACH RESOLUTION
ADOPTED ON NOVEMBER 8, 1995 AND THE MIAMI BEACH
REDEVELOPMENT AGENCY RESOLUTION ADOPTED ON NOVEMBER 8,
1995 , REGARDING ACQUISITION OF THE PROPERTY HAVING A
STREET ADDRESS OF 1575 WASHINGTON AVENUE, LEGALLY
DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND INCORPORATED
HEREIN; SAID ACQUISITION DEEMED AND DECLARED TO BE
NECESSARY IN CONJUNCTION WITH COMMUNITY REDEVELOPMENT AND
RELATED ACTIVITIES AND THE CITY CENTER/HISTORIC
CONVENTION VILLAGE REDEVELOPMENT AND REVITALIZATION AREA
HOTEL PROJECT; AND SPECIFICALLY APPROVING AND AUTHORIZING
THE ACQUISITION OF THE PROPERTY BY THE MIAMI BEACH
REDEVELOPMENT AGENCY THROUGH THE FILING OF EMINENT DOMAIN
PROCEEDINGS, INCLUDING A DECLARATION OF TAKING, AS
NECESSARY.
RECOMMENDATION
The Ordinance was approved on first reading at the November 8, 1995
Commission meeting and should be approved on second reading at
today' s meeting.
BACKGROUND
This Ordinance is required by Florida Statutes, Section 163 . 375.
The Miami Beach Redevelopment Agency ("Agency" ) is proceeding with
its goal of economic stimulation and development in the City
Center/Historic Convention Village Redevelopment Area ("City
Center") and is currently in the negotiation phase for the
development of two convention-quality hotels . In order to
accomplish this goal the Agency has determined that the acquisition
of the above referenced property is necessary in order to develop
a public parking garage. Further, the Agency finds, determines and
declares that the acquisition of 1575 Washington Avenue, Miami
Beach, is a public necessity and is in the best interest of the
City of Miami Beach.
AGENDA ITEM 3 1\
DATE i ) - 2 )-CiS
ANALYSIS
Two appraisals of the property were prepared for the Redevelopment
Agency in February, 1995, and updated in October, 1995.
The development of the Loews Hotel Project and the African-American
Hotel immediately to the south, as well as a shortage of parking in
the area in general, require that a public parking garage be
developed in the area of 16th Street between Washington and Collins
Avenues.
CONCLUSION
It is recommended that the Ordinance be approved on second
reading.
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