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95-19567 ResoRESOLUTION NO. 89-19567 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEAC~i FINDING THAT THE S~T.~ OF SEVEN (7) CITY OF MIAMI BEACH OWNED PROPERTIES ON FISHER ISLAND TO ISLAND DEVELOPERS, LTD. PURSUANT TO RESOLUTION NO. 88-19471 MEETS THE REQUIREMENTS SET FORTH IN RESOLUTION NO. 86-18491 REGARDING THE PROCEDURES FOR S~T.~ AND/OR T.~.ASE OF CITY PROPERTIES, AND AUTHORIZING THE MAYOR AND CITY CT.~.RK TO EXECUTE THE PU~C~IA~. AND S~LT.~ AGREEMENT AND ~T.T. DOCU~ENTS NECESSARY TO CARRY OUT THE CLOSING OF SAID S~T.~.. WHEREAS, on December 9, 1988 City Commission authorized the City Manager to negotiate and prepare a Purchase and Sale Agreement for the sale to Island Developers, Ltd. of the following described properties located on Fisher Island (the "Properties"): Lot 16 of Block 3~ Lots 26, 27 and 39 of Block 4~ Lot 11 of Block 6~ and Lots 21 and 22 of Block 7~ all located within COMMERCIAL SUBDIVISION OF HARBOR TERMINAL according to the plat thereof, recorded in Plat Book 23 at Page 67 of the Public Records of Dade County~ and WHEreAS, City of Miami Beach Resolution No. 86-18491 adopted by the city Commission on June 18, 1986 provides for procedures by which public properties will be considered for sale and/or lease~ and WHEREAS, the City Commission wishes to make a finding that the procedures set forth in Resolution 86-18491 have been followed for the sale of the Properties~ and W~g~F2~S, an agreement has been negotiated, recommended by the city Manager, and approved as to form by the city Attorney, NOW, TII~REFORE, be it duly resolved by the City Commission of the City of Miami Beach that: 1. The procedures lettered A. through G. set forth in Resolution 86-18491 have been complied with in the following manner: A. The commitment for title insurance issued by Lawyers Title Insurance Corporation in favor of Island Developers, Ltd., effective January 31, 1989, a copy of which is attached hereto, shows that there are no deed restrictions or other restrictions limiting the disposition of the properties. B. A letter from the law firm of Greenberg, Taurig, et al, dated March 8, 1989, a copy of which is attached hereto, opines that bidding is not necessary prior to the sale of the Properties. C. Not required because the purchase price offered is greatly in excess of the assessed value and as high or higher than any other comparable recent sales. D. Not required because the Properties are not located within the City of Miami Beach. E. Not required because the Properties are not located within the City of Miami Beach. F. See Paragraph B. above. G. Not required because the Properties are not located within the City of Miami Beach. 2. The Mayor and City Clerk are hereby authorized to execute the attached Purchase and Sale Agreement and any and all documents necessary to carry out the closing of the sale. PASSED ANDADOPTED this 15th day of ATTEST: CITY CLERK FORM APPROVED: LEGAL DEPARTMENT 0306892 RESOLUTION NO. 88-19471 A RESOI/YrION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA DECLARING CERTAIN PROPERTIES TO BE SURPIJ$S; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND PREPARE, IN A FORM ACCEPTABT.R TO TIIE CITY ATTORNEY, A PURCHASE AND SALR AGREF24F. NT AND ALL DOCUMENTS NECESSARY TO CARRY O~T THE CLOSING OF A SALF. OF SEVEN (7) CITY OF MIAMI BEACH-OWNED PROPERTIES ON FISHER ISLAND TO ISLAND DEVELOPERS, LTD. , A FLORIDA LIMITED PARTNERSHIP; AND AUTHORIZING ~qlE MAYOR TO EXECUTE SAID PURCHASE AND AGREEMENT AND ALL DOCUMENTS NECESSARY TO CARRY OUT THE CLOSING OF SAID SALE. WHEREAS, the City of Miami Beach (the "City") is the Owner of the following described properties (the "Properties"): Lot 16 of Block 3; Lots 26, 27 and 39 of Block 4; Lot 11 of Block 6; and Lots 21 and 22 of Block 7; all located within COMMERCIAL SUBDIVISION OF HARBOR TERMINAL according to the plat thereof, recorded in Plat Book 23 at Page 67 of the Public Records of Dade County. WHEREAS, the subject Properties are vacant and of little use to the City to the extent that they are separated from the City by Government Cut, the progision of services to the Properties by the City would be extremely expensive and not cost effective, and the city has no need for the subject Properties; and subject Properties are surplus to the needs of the City; and WHEREAS, on or about November 29, 1988, Island Developers Ltd. ("Island Developers"), the developers of the Fisher Island community, appeared before the City's Land Use Subcommittee and offered to purchase the above-described properties for a sum of $826,000; and WHEREAS, Island Developers subsequently met with interested Miami Beach citizens and agreed to modify its offer and now is willing to pay $826,000 for the purpose of these properties; and WHERF~%S, said price represents more than the highest price paid for the purchase and sale of any of the other residential lots located within said subdivision; and WHEREAS the sale of said lots to Island Developers, Ltd., was favorably recommended by the Land Use Subcommittee; and WHEREAS, the city believes that the sale of said lots is in the best interest of the citizens of Miami Beach and, therefore, wishes to sell the properties to Island Developers for the stated sum of $826,000 (,'Stated sum"); and WHEREAS, in order to accomplish such sale, a Purchase and Sale Agreement and all documents necessary to close such sale must be negotiated, prepared and executed by the city. NOW, T~RREFORE, BE IT DULY RESOL~FED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, the following: '~ Section 1: The foregoing recitations are incorporated herein by reference. Section 2: Lot 16 of Block 3; Lots 26, 27, and 39 of Block 4; Lot 11 of Block 6; and Lots 21 and 22 of Block 7; all located within the COMMERCIAL SUBDIVISION OF HARBOR TERMINAL, according to the plat thereof, as recorded in Plat Book 23 at Page 67 of the Public Records of Dade County, Florida are hereby declared surplus property for the reasons stated herein. Section 3. The city Manager is hereby authorized to negotiate and prepare, in a form that is acceptable to the city Attorney, a Purchase and Sale Agreement as well as all documents necessary to carry out the closing of the sale by and between the City and island Developers, Ltd. for the purchase of the subject Properties, at the Stated Sum of $826,000, by Island Developers, Ltd. Section 4: The Mayor is hereby authorized to execute the Purchase and Sale Agreement for and on behalf of the City, as well as all documents necessary to carry out the closing of the sale by and between the City and Island developers, Ltd. for the purchase of the subject Properties, at the Stated Sum of $826,000, by Island Developers, Ltd. Section 5. said Purchase and Sale Agreement and all other documentation shall be in a fo~m acceptable to the city Attorney. PASSED AND ADOPTED this 9th day o: AT~EST: CITY CLERK FORM APPROVED: LEGAL DEPARTMENT 0306891 RESOLUTION NO. 86-18491 A RESOLUTION APPROVING THE PROCEDURES BY WHICH PUBLIC PROPERTIES WILL BE CONSIDERED FOR SALE AND/OR LEASE WITHIN THE CITY OF MIAMI BEACH EXCLUSIVE OF THOSE PROPERTIES LOCATED WITHIN THE SOUTH POINTE REDEVELOPMENT AREA AND GOVERNED BY THE PROVISIONS OF ACT 163 OF FLORIDA STATUTES AS AMENDED. WHEREAS, the City Commission has reviewed methods by which the City will consider disposal of public property either through sale or lease and; ~/HEREAS, the City o! Miami Beach is desirous of establishing standards and guidelines by which public properties shall be considered for disposition; NOW THEREFORE BE IT DULY RESOLVED by the City Commission of the City of Miami Beach, Florida, that the following procedures shall be adhered to in considering City property for sale and/or lease: A. A legal opinon, including a title search to determine if there are deed restrictions, covenants, or subdivision restrictions to whether or not the property can be disposed of shall be prepared. I! the City is initiating a property for consideration,~ then it shall be the City's responsibility for obtaining the legal opinion including ~itle work. If the City is approached by a private party for the use of certain City properties, then it shall be the responsibility o/ the private party for obtaining legal opinion and necessary title search. B. There shall be a determination as to 'whether or not adjacent property owners have vested interests in the property, and whether or not a Request /or Proposal is necessary prior to entering into sale and/or lease negotiations. If the City is initiating a property /or consideration, then it · . shall be the City's responsibility/or obtaining the determination. I! the City is approached by a private party /or the use of certain City properties, then it shall be the responsibility of the private party for obtaining the determination. The City or the proponent for lease or sale shall obtain two independent appraisals of the fair market value of the property for its intended use. The appraiser shall be selected /rom a list provided by the City Attorney's Of/ice. The determination of fair market value shall provide a basis for negotiation. It is not intended to be a fixed price, since other City objectives may impact the value, such as o/fsetting improvements, exchanged land, or other considerations that may become part of the sale or lease agreement. Based on the proposed use of the property, the City shall determine the potential impact of the project on City utilities and other infrastructure needs and the magnitude of costs associated with needed infrastructure improvements. Should it become apparent that further evaluation of traffic impact is needed~ the proponent shall be responsible for obtaining a traffic impact analysis from a reputable traffic engineer. The City Planning Board shall hold at least one public hearing for consideration of necessary re-zoning and/or amendment to the comprehensive plan and in order to obtain citizen input into the possible lease or sale of City property. The Planning Department shall prepare an analysis of the proposed sale or lease using the following criteria: Whether or not the proposed use is in keeping with City goals and objectives and conforms to the City comprehensive plan. The impact on adjacent property, including the potential positive or negative impacts such as diminution of open space, increased traffic, noise level or enhanced property values, improved development patterns and provision of necessary services. A determination as to whether or not the proposed use is in keeping with a public purpose and community needs, such as expanding the City's revenue base, reducing City costs, creating jobs, creating a significant revenue stceam and improving the community's overall quality of life. Determination as to whether or the development is in keeping with the surrounding neighborhood, will block views, create other environmental intrusions, and the design and aesthetic considerations of the project.' The impact on adjacent properties, whether or not there is adequate parking, street, and infrastructure needs. A determination as to whether or not alternatives are available for the proposed disposition, including assembly of adjacent properties, and whether or the project could be accomplished under a private-ownership assembly. Within the constraints of public objectives, the department should examine financial issues such as job generation, providing housing opportunities, and the return to the City for its disposition of property. Such othe{' issues as the Planning Department and Planning Board may deem appropriate in their analysis of the appropriateness o! the proposed disposition. Should the City or the proponent for the sale or lease not wish to undertake a public bidding process, then the City or the proponent shall obtain the appropriate legal opinion that a public bidding process is unnecessary. If the proponent is unable to obtain the necessary legal opinion, but wishes to proceed with sale and/or lease negotiations, then the sale or lease agreement shall be first negotitated~ and then made available for others to bid against. Prior to the final approval by the City Commission of a sale or lease of City property, and after the amendments to the comprehensive plan or the Zoning Ordinance have been considered, all necessary variances shall also be obtained from the Board o! Adjustment and incorporated into the final sale or lease agreement for the property. PASSED AND ADOPTED THIS 18th DAY OF June .., 1986. Attestt City Clerk RLF:Ig FOR ,'i APi "' LEGAL D)5 PT,