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RESOLUTION 84-17787 RESOLUTION NO. 84_17787 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE ON BEHALF OF THE CITY A SAVE OUR COAST AGREEMENT WITH THE FLORIDA DEPARTMENT OF NATURAL RESOURCES FOR THE ACQUISITION OF A 24-LOT PARCEL BETWEEN 77TH AND 79TH STREETS, MIAMI BEACH, FLORIDA. WHEREAS, the City Commission on November 16 , 1983 authorized the acquisition of the 24-lot parcel between 77th and 79th Streets, Miami Beach, Florida and accepted the Florida Cabinet Conditions outlined in Commission Memorandum No. 759-83 , pursuant to the Florida Cabinet conditions; and WHEREAS , the State Department of Natural Resources has prepared and submitted a project agreement, detailing the terms and conditions for this program relative to the above-mentioned parcel, which terms and conditions are reasonable and necessary to assure the timely and orderly acquisition of the 24-lot parcel; and WHEREAS, the City Manager recommends the execution of this agreement and the City Attorney has approved it as to form, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH that the Mayor and the City Clerk are hereby authorized to execute on behalf of the City of Miami Beach the Save our Coast Agreement with the Florida Department of Natural Resources pertaining the the above-referenced parcel. PASSED AND ADOPTED this 1 1 th day of July , 1984 . MAYO'' Attest: CITY CLERK RESR/j hd 6184A FORMAPP�v ROVE.D ... 17,' ` DEPT. AA. Date. /170 OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 eetet 4 Natoli Eead _PMS--4..,,,, FLORIDA 3 3 1 3 9 . INCOR .TEO * ''V A CA TIONLAND U. S. A. " 1 ' ���1,9�cH 26'���"� OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. 1,7_443.4 DATE: June 20, 1984 TO: Mayor Malcolm H. F . • : ! adip r Members of the ' y Corn iss FROM: Rob W. Par ins II • City Manager r� SUBJECT: UPDATE REPORT ON THE NORTH SHORE PARK EXPANSION PROJECT AND AUTHORIZATION FOR THE EXECUTION OF SAVE OUR COAST PROJECT AGREEMENT BY AND BETWEEN THE CITY OF MIAMI BEACH AND THE DEPARTMENT OF NATURAL RESOURCES On November 16, 1983 the City Commission authorized acquisition of the 24-lot parcel between 77th and 79th Street, east of Collins Avenue, under the State's Save Our Coast Project. The City Commission also adopted a resolution accepting the Florida Cabinet conditions as outlined in the November 16, 1983 Commission Memorandum (No. 759-83). The Department of Natural Resources and City Administration staff have taken prompt actions resulting in the completed acquisition of seven (7) of the twenty-four (24) lots. To date, $2,329,000 has been expended with the State funding $2,185,000 and the City funding the difference of $144,000. The recent 1984 legislative session resulted in the State approval and authorization of additional Save Our Coast bonds, portions of which, when sold, will be allocated toward further purchases or condemnations to complete the 24-lot acquisition. The State Department of Natural Resources has prepared and submitted to the City a project agreement, detailing the terms and conditions of the joint venture between the City and State. The City Manager's Office and City Attorney's Office have reviewed the agreement and concur that the agreement accurately sets forth provisions either previously approved by Commission resolution, and thus already the substance of an implied agreement, or provisions reasonable and necessary to assure the timely and orderly acquisition of the 24-lot parcel. ADMINISTRATION RECOMMENDATION: That the City Commission adopt the resolution authorizing the Mayor and City Clerk to execute the proposed Save Our Coast agreement by and between the City of Miami Beach and Department of Natural Resources. RWP:RSL:ah I AGENDA CI 2.1 - -A ITEM. DATE 7- /1 - 94 TO: Ron Lowy, Director of Intergovernmental Affairs July 18, 1984 FROM: Elaine M. Baker, City Clerk e>1/06/04e.l- SUBJECT: Save our Coast agreement with the Florida Department of Natural Resources for the acquisition of a 24-lot parcel between 77th and 79th Streets, Miami Beach, Florida. Enclosed please find three (3) copies of the above noted agreement which has been executed by the City,along with the authorizing Res. #84-17787 for signature by the appropriate official at the State Department of Natural Resources. Please request that the blue backed copy be returned to Ronetta Taylor in this office for our files. Thank you, • - D '• . • . FLORIDA DEPARTMENT OF NATURAL RESOURCES SAVE OUR COAST PROGRAM PROJECT AGREEMENT Project No. The State of Florida Department of Natural Resources, hereinafter referred to as the DEPARTMENT, and the City of Miami Beach, hereinafter referred to as the PROJECT SPONSOR, agree to the following provisions relating to acquisition of real property known as North Shore Park Addition and as described in Exhibit A . attached to this agreement. 1 . The DEPARTMENT will act to acquire the property according to the terms negotiated with the owners and approved bY the governor and cabinet acting as the Trustees of the Internal Improvement Trust Fund. The agreement for said purchase is attached as Exhibit B. 2. The PROJECT SPONSOR agrees to provide up to $1, 400, 650, (as itemized in City of Miami Beach Commission Memo #759-83) , for the acquisition of the subject property, according to the following terms and conditions: A. The City will exercise its power of eminent domain where necessary to acquire parcels in the tract and will be responsible for all costs and attorney fees associated with condemnation proceedings. B. The City will be responsible for payment of all costs awarded to the owner by the courts above the state appraisal; except when any court award is 150 percent or more of the appraised value, the City shall have the options to purchase, seek other alternatives to acquisition from the Trustees, or refuse the price and not make the purchase, provided that such refusal to purchase would not reduce the acquisition below 85 percent of the total 36 lots sought in the project. 3 AGENDA ITEM Page 1 of 4 DATE C. Contracts must be executed or condemnation proceedings started within six months of the date of this approval , or where State funds are not available, the condemnation proceedings s must be commenced or contracts acquired within six months of the approval of the additional funds for acquisition. Should the State not approve the further expenditure under this program, the City shall not be responsible for acquisitions. g 3 . In recognition of fulfillment of the financial commitment pledged by the PROJECT SPONSOR, the DEPARTMENT agrees to the PROJECT SPONSOR for public recreational use and management in accordance with the management plan as amended, approved by the DEPARTMENT and attached to this agreement as Exhibit C. 4 . The PROJECT SPONSOR agrees to construct, within 5 (five) years from the effective date of this agreement, site improvements and facilities on the property for public recreational use and for protection of natural resources . Such improvements shall be in accordance with the management plan, and all construction plans and specifications are subject to approval by the DEPARTMENT. 5 . The PROJECT SPONSOR shall be responsible for development, operation and maintenance of the property and all improvements for the duration of the lease agreement, and will provide public liability coverage in the form of insurance policies or self- insurance for any claims resulting from the use of the property or facilities. To the extent allowed by law, the DEPARTMENT shall be held harmless from anyclaims resulting from the development or management of the property. 6 . The PROJECT SPONSOR shall not convert any of the project area or facilities to non-recreational or other uses not included in the management plan. 7 . The PROJECT SPONSOR shall erect a permanent sign on the site which identifies the property and states that funds for acquisition were provided by the Save Our Coast Program administered through the Department of Natural Resources. 8 . The PROJECT SPONSOR agrees to designate a liaison agent to be responsible for implementation of the provisions of this i p 4 Page 2 of 4 ► a reement and for submission of semi-annual progress reports agreement, from the effective date of this agreement until the requirements of Paragraph 4 have been satisfied and the area is open for use by the public. 9 . Forur ose of this agreement, Richard W. Froemke, Chief P P Office of Recreation Services, or successor is designated as the Contract Manager for the DEPARTMENT and shall be responsible for monitoring performance of the terms of this agreement. 10 . The PROJECT SPONSOR agrees to provide to the DEPARTMENT annual attendance reports when the area is opened to the public. The reports shall cover a periodbeginning be inning on July 1 and ending on the following June 30 . 11. In the event the PROJECT SPONSOR institutes a user fee system for use of the property or any facilities within its boundaries, the PROJECT SPONSOR agrees to impose such fees uniformly amongall users, regardless of the political juris- • diction in which the user may reside. 12 . The DEPARTMENT shall have the right, through its agents and employees, to inspect the project site and the facilities thereon, at anyreasonable time. In addition, the DEPARTMENT shall have access to all financial records relating to the P , develo mentoperation and management of the project, and the P right to audit such records at any reasonable time. 13 . This agreement may be unilaterally cancelled by the DEPARTMENT should the PROJECT SPONSOR refuse to allow public access to all documents, papers,ap ers, letters or other materials made or received in conjunction with this agreement, pursuant to the provisions of Chapter 119 , F.S. Any inequities that may sub- sequently appear a ear in this agreement shall be subject to negotiation upon written request by either party, and the parties agree to negotiate in good faith to resolve any differences. g 14 . For any year in which this contract extends beyond the end of the DEPARTMENT fiscal year (June 30) , performance by the DEPARTMENT under this contract shall be subject to and contingent upon the availability of monies lawfully appropriated to the DEPARTMENT for the purpose of this contract. S Page 3 of 4 15. The following special terms and conditions are in- corporated into this agreement: 16. This agreement shall be binding on the heirs, successors or assignees of each party. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by the officers or agents thereunto lawfully authorized, to become effective this /2' day of )44:1 , 19 . STATE OF FLORIDA PROJECT SPONSOR DEPARTMENT OF NATURAL RESOURCES CITY OF MIAMI BEACH BY: By: -� Elton J. Gi s sendanner Mayor Malcolm H. FromberT- Executive Director ATTEST: ATTEST: 1 Alb City Clerk DNR Contract Manager DNR ontract Administr tor DNR \U.t ne FORM APPROVE LE3I\LDEPT. Date.. .-.--- Page 4 of 4 All of Blocks 11 and 12, plus one-half interest in the Atlantic Way on the East, Corrected Plat of Altos Del Mar No. 1, Plat Book 31 , page 40 of the public records of Dade . County, Florida and; All of Blocks 5 & 6, plus one-half interest in the Atlantic Wayon the West and extending Eastward to the Erosion •• Mar No. 1, Plat Control line. Corrected Plat of Altos Del Book 31, page 40 of the public records of Dade County, Florida. • iii- V t y ^{r,c V•� F:7„ •�� ••L. J I J • 1 • ..,. . .:4 S•.: i.:t•i!..;. /..! ..:. , • •• • .. , F,.1, t.. 4i it L.41 ,.R Vi'..: • f J to � ‘ 7 • PROJECT NAME : Miami Beach North Shore Open S pace BLA ACQUISITION NO . : . . CONTRACT FOR OPTION TO PURCHASE REAL PROPERTY . • .. 17th June On this day of , 19 63 , A.D . , The City of Miami Beach , FloriCa, , hereinafter referred to as " Seller" , party of the first part , in consideration of the sum of One EunCred and No/100 ($100 . 00) Dollars as porion payment for the option created herein , to be paid by the party of the second part to the party of the first part at tire of receipt of the State warrant by the party of the second part from the Office of the Comptroller , and in consideration of t A e -.2=Lal covenants and r agreene:ts contained in this Contract , doe` ^e= eby grant and con- vey to the BOARD OF TRUSTEES OF THE INTERNAL I4:RC'JEMENT TRUST FUND OF THE STATE OF FLORIDA, hereinafter referred to as "Boa,-d of Trustees" , party of the second part , its successors and assigns , the exclusive right and option to purchase the real pro- perty described in Exhibit "A" of this agreement , together with all buildings and improvements thereon, and all rights , heredi ta- meats , easements and appurtenances thereunto be?ortging, upon the terms and conditions hereinafter set forth . The Division of State Lands of the Floirda Department of Nat::i?1 Resources , hereinafter called the "Division of State La n=s " , shall act as agent o f the Board of Trustees in all matters of negotiation and of review of documents provided for under this contract . r 1 . LEGAL DESCRIPTION - The real property , hereinafter referred to as the "Property" , which is the subject of this Contract is located in Dade County , Florida , and is legally described in Exhibit ."A" attached hereto and by reference nade a part hereof . , 2 . OPTION TERMS - The "Option Period" commences on the date 8 • ___________ Option Payment is received by Seller and shall remain in that. t he p y� t . , ... . 1':'"A - ri ir 7.-.) 1 rmvv. ve kiii r y,, I (,i it . t ': 0, 1 4 :hi'i i W' ti ) effect until and through tlic,2 29t.1.1 clay of June, 1933. T: Stiller shall not sell, convey, encu�r ,er, or improve the property du irg the option � period created herein This Option shall be exercised by posting written notice of such exercise, by Certified Mail - Return Receipt Requested, to Seller at the above address. 3. ?=-LA.SE PRICE -- The purchase price for the property herein shall be the stn of One Million Four Hundred Forty Thousand and No/100 ($1,440,000.00) Dollars. The final purchase price shall be adjusted based upon the final survey prepared pursuant to Paragraph 26 herein, but in no event shall the final purchase price exceed the sum of One ;•t.i l l io_. Four Hundred r Forty Thousand and No/100 ($1,440,000.00) Dollars. The a;justren t shall be afe taking into consideration the per square foot price of the property as reflected in ai:hibit B attached hereto. and *q1 reference rrede a part: hereof. r 4. SSR'S FESP•;NSIBILITIES -T Seller shall sub .i t the following items to the Buyer and/or the Division of State Lards prior to closing: A. The proposed general warranty deed for convey rg the Property; B. Marketable title insurance co r igen t covering the Propsertv the a=unt of the purchase price. C. Beneficial Interest and Disclosure S tataTen is as r- r u i red by Section 286.23, 375.031(1) and 380.08 (2) , Florida Statutes. D. Certified Survey pursuant to Paragraph 26 here i.n. All materials shall b sent to the Division of State Lands, as provide`.: in Paragraph 18 of this Contract. 5. DI'.TISICN OF STATE LANDS APPROVAL - Upon receipt of any of the red .fired items, the Division of State Lands shall have ten (10) days in which to object to the item received. Any item not objected to within c the al lotted titre shall be deemed accepted by the Division of State Lands. there the date for resular fission of corrected doc-...r-eents is later than the original date required for submission, as pro--i`e.d in Paragraph 4, the Option Period shall be extended by the nu. .::ter of days by w h.�ch such c r i j i r ial date is exceeded. i • If Seller fail3 to timely orovidr_ caid documents or to timely satisfy objections to said documents , as provided below , they. the Division of State Lands may , at its exclusive election : A . Extend the time for provision of therequired items by r giving written notice of such extension to Seller , in which event the Option Period shall be extended by an equal period of time ; 3 . Where permitted by statute , satisfy the deficiencies , r and deduct from the purchase price the costs incurred or reasonably anticipated by the Board of Trustees in connection with such satisfaction , provided such deductions do not exceed the sum of Five Thousand and No/100 Dollars ( $5, 000 , 00 ) , exclusive of any taxes or assessments paid from Seller ' s escrooz account by the Board of Trustees pursuant to Paragraph 6 of this Contract; C . Terminate this Agreement by giving written notice of such termination to Seller , in which event Seller - shall repay to Ir. the Board of Trustees ail amounts paid as consideration for this Contract . If the Division of State Lands elects to exercise 5 (A) above , and Seller subsequently fails to provide the items required in a form acceptable to the Division of State Lands within the time provided , then the Division of State Lands may again elect among 5 (A) , (3) , and ( C) above, at its exclusive discretion . . 6 . TVA.-.'S AND ASSESSnENTS -- All real estate taxes and assessments which are or which may become a lien against the Property shall he satisfied of record by the Seller at or before closing . As part of closing , Seller shall place in escrow with the applicable County Tax Collector an amount equal to the current taxes t• prorated to the date of the closing, based on the current assessment and millage rates . This escrow fund shall be used to pay for the ad valorem taxes when they become due and collec- table . Sellers shall cooperate in the preparation and filing of any papers neclesr,ary under Section 195. 295 , Florida Statutes , to • 10 3 procure the cancellation of the remainder o ttaxes subgertuent to the date of closing which would otherwise have been due for that current year . All real estate taxes for the property for the period prior to the date of closing shall be the responsibility r of the Seller pursuant to the provisions of this Paragraph. 7 . CLOSING PLACE AND DATE - If the option gran ted hereby is exercised in accordance with Paragraph 2 above , closing shall be at an hour and place mutually agreed upon by Seller and the Division of State Lands . The closing date shall be such date as the par- ties may agree upon in writing , but not later than July 21, 1983. 9 . INTEREST CONVEYED - At the closing, the Seller shall execute. _ and deliver to the Board of Trustees or its assigns , a general warranty deed provided by the Seller , conveying to the Board of r Trustees an insurable and marketable title to the property together with all timber rights , water rights , and mineral rights , including oil and gas , with hereditaments and appurtenan- ces thereunto belonging, in fee simple , free and clear of all liens , encumbrances , leases , tenancies , and exceptions of record, as well as those that exist and are known by the Seller or of • which the Seller has constructive notice , but are not recorded in theublic records , and all rights , title and interest of the p Seller in and to anystreams , canals , water bodies , drainage ditches , alleys , roads , streets , easement: of access and utility right-of-ways , abutting or adjoining the Property . 9 . D^CUMENTARY STAMPS - The Seller will pay the documentary .reve ue stamp tax or other transfer tax customarily imposed Loon the _ � Sall . - in the erState of Florida , and the Board of Trustees shall pav the remaining cost of recordation of the deed . 10 . - -TLE INSUP.At+CE - At closing , the Seller at Seller ' s expense F shall provide,�, l to the Board of Trustees an owner ' s marketable ., insurance policy from a mutually approved title insurance .. � t a - 7insuring marketable title to the property in the amount of he final total purchase price . Such marketable title i nsur .nceP of icy shalt conform to the terms of the insurance com-- ::titr_r. _ nt ore viousl.Y submitted to and accepted by the Divison of. State Letnds • Page • 11 . DISUURsEMENT OF FUNDS - The duly =xutho- izer. ag nt of the title insurance company providing said title insurance shell disburse the closing funds in accordance with the provisions of Section 627. 7841 , Florida Statutes , for title insurance coverage of the period between the date of issuance of the title commitment and the recording of title in the Board of Trustees . A State warrant +- z the a►►touz ,. of the purchase price shall be delivered, to the ac:ent of the title company at the closing. Other provisions for insurance coverage through the date of closing may be substituted for the preceding provision if agreed upon in writing by the Seller and the Division of State Lands prior to closing. 12. LOSS OR DAMAGE TO REAL PROPERTY - All loss or damage to the Property shall be at the risk of the Seller until closing . In the event that such loss or damage occurs , the Board of Trus tees may , without liability , refuse to accept the conveyance of title , in which event any consideration paid on account of this Contract shall to refunded , or the Board of Trustees alternatively may elect to accept the conveyance of title to the ?=operty , or a• portion thereof , in which case there shall be an equitable a d j us t nen t of the purchase price based upon the change of cir- cumstances . 13 . POSSESSION - The Seller shall deliver possession of the Property to the Board of Trustees or its assigns at closing. 14 . RIGHT OF ENTRY *- The Seller agrees t:1at f ror7. the date hereof , o fficers , attorneys , and duly authorized agents of the Division o f State Lands or the Board or Trustees upon reasonable notice to Seller shall have the right and privilege of entering the Property for all lawful purposes in connection with the acquisi- t ion thereof . r 15 . CO:;nITION OF REAL PROPERTY - The Seller agrees that the Property shall remain in the same condition as on the date of e xecution of this Contract until and through the date of closing , natural wear and tear excepted , and that Seller will prevent and refrain from any use of the said real property for any p;:rposo oi' in any manner which will adversely a f f eer the intended use or 12 5 purpose of the t3oa ::(1 oto Trustee :. Cor Pr op. rty , normal wear and tear and Acts of God excluded . In the event of such actions , the Board of Trustees may , without liability , refuse to accept the conveyance of title , in which event the consideration paid under this Contract shall be refunded , or the Board of Trustees alternatively may elect to accept the conveyance of title of the Property or portions thereof; in which case ,`,, there shall be an equitable adjustment of the purchase price based on the change of r c it cu-:s fiances . 16 . SUCCESSORS IN INTEREST A . The terms and conditions of this Contract shall apply to and shall bind the heirs , successors and assigns of the Seller . E When the option is exercised by the Board of Trustees to _ r-- - se the Property , the terms and conditions herein shall apply to and bind the heirs , successors and assigns of both the Seller and Board of Trustees . 1 7 . LOSING DOCUMENTS - Seller shall be responsible for the --------- preparation o f all closing documents , including deed and closing • state tints and shall submit copies of sane to the Division of State L''G .ZGa.S at least le ..st sevenn ( 7 ) days prior to closing . Ie . `:OTICE TO PARTIES - Any notices required or permitted to be given bythis Contract shall be given or ..ade in writing and shall De ServedP ersonally or , other than dur::ng a period of general nto irup�ion of postal services due to strike , lockout or other _ pus e mailed in the United States by pr epairl, certified mail to the Boa : '_ of Trustees at : Division of State Lands , Room 412 , Dep ��en r of Natural Resources , 3900 Commonwealth Boulevard , _ _r ,..,, -,a la ' o Florida 32303 ; and to seller at : City of •Lia d Eeach, _ .. � � � �asse .. , Y- - 1700 Convention Center., Attention. City ' L or :-_ , Eeach, Flor c2z. . .. __� yiw.r_....+.�rr_....-..� �..+__�� -.� ..!i".._ �►+��'-+.rte. .''�."'.�. .w i�� Any noP given in accordance with the provisions of this para ' app shall ll be deemed to be effective , if delivered , on the .. , _ aof such ' ver or i f mailed , upon the second day next �3z _ _ dtli y - following the date of mailing of such notice • Each party must give ... o .. ice to the other p hearties of a change of its address for the . p Grp ) �, ..� of g i ':in .g notice under. this paragraph which therea ter13 6 *of this Contract. 19. ENTIRE AGr :i - This Contract contains the entire ag: en` between t h parties pertaining to the subject matter contained in it and s-:c e rsejes all prior and conterrpc raneous ayreemen i s, representations, and undy rs tan li ngs of the parties. No supplement, modification or amendment to this Contract shall be binding unless executed in writing by the parties here Lam;. 20. SES .. .-3I ITY - In the event any of the paragraphs or sections of this Contract are caeemed to be unenforceable, sere sia?l not affect enforce- ability cf -,:he rerrai ing paragraphs or sections of this Contract. r 21. ASS_C :::BILITY - This Contract may be assigned by the Buyer, in which event the Buyer shall provide written notice to the Seller of such assign:an t. 22. TL' E OF ESSENCE - Tirre is of the Essence with regard to all dates provided herein for performance of any obligations by either party. r 23. ATT'C-2.=,-rS The following Exhibits are attached hereto to and incororated herein by reference: Exhibits "A" and "B". 24. GE= - Uhenever used in this Contract, the singular n :ber shall include the plural, the plural the singular, and thie use of any gender s ?l l include the �. other genders. 25. ;E' The Seller shall convey title to the real propertydescribed in Exhibit ":-." of this Contract in accordance with the certified Tean high water survey to be furnished by the Seller at Seller's expense, and which s',:_rvey shall be in accordance.ce with Chapter 177, Florida Statutes, and apps; by the Bureau of Survey and Mapping of the Division of State Lands. 26. ADDITIONAL CONSIDERATION - A.s additional consideration for the granting of this option, the Board of Trustees agrees that it will arrange for the Flagship R National Bay.:: of Miami, as Trustee under Land Trust No• 157232::, hereinafter referred to as Trustee, to obtain from the Board of Trustees an exchange of property under the following conditions: In the event that any and/or all of the remaining airing -thirteen lots held in the name of theee in the AL OS DEL MAR NO. 1 subdivision are not c'..:rchaseC� by the T+us�. � - Seller or e Eoard of Trustees within one year from the date of the closing of t`:e transaction contemplated by this Option Ageerr nt, than, Ln that event, t,':e Boars:, o= Trustees shall make available to the Trustee any surplus property which the Uoard of Trustees may own and have available for sale which surplus property ray be exchanged by Trustee for anv and/or all of the said thirteen .4 lots. This contract is subject to ratification by the Boar of Trustees. • LECJ.L DESCRIPTIO:'. r Lots 1 and 2 , Block 12 ;. Lot. 5 , Block 5 ; . and Lots 5 and 6 , Block 6 , ALTOS DELz?, NO. 1 , according to the Plat thereof , recorded in Plat Book 31 at Page 40 of the Public Records of Dade County , Florida . r r r • • :15 • F Price Per Parcel Square Fcot Lots 1 & 2 , Block 12 $20 . 00 Lot 5 , Block 5 $23 . 00 Lots 5 & 6 , Block 6 $32 . 00 r r r r 16 PROD ECT NAME : Miami Beach North Shore Open Space BLA ACQUISITION NO : CONTRACT FOR OPTION TO PURCHASE REAL PROPERTY r CIS" ..1Z- :,11 =•jT .A-::'c FLCRIDy • >4..r >,, i.- -.--,,... 2----- k , '7 Optionor - Seller T ri , ,s, „.* A X' . 2/ /."12/#1'I'' ''''''' ' •It 1 i // 0- ,i 1"' �/Date / , ......,4, ....-7 . . r EOAPD OF l tS Ec T 7 r- 1•-� �+ I .+NESS : ,,,(' , , .--\- i ( "(..) A k .' , t.VC.. -(A., /0..,:._ • .-L( EY: j.A./1,_,,,i1 it/r''/ C .,, ,i( r q-- ...::::44.7.5ef'.:)_:CCZ.- 1..-.4*'4•:::. N. // / . ,,../ ,.. ,../ , , 6k....ii.L ......",........„...„, v i Date Approved A5 ' to . Form and Legality B Y : -- — !)::: '\ -—, r-- w.�w.�.ww .mow...--.�w..-----.i.....-•��w�.�.w-• w+.. f • / /1 --1---" •--ii 7 -.7/15 -31 •� ��w-.-.-��..w�r�.�r.�..�w��•r.-.•r CT i.1 AT-70;,:::::Y 69 - 20 ' 713 r • • r • 17 Exhibit "C" is the Management plan by which the City of Miami Beach will develop the recreation potential of the Northshore Open Space project. This Document is quite lengthy and consequently will not be attached. However the document will be on file in the Office of Recreation Services , Bureau of State Lands and Bureau of Land Aquisiton and Development. i7-7 7 47 7 7.1 • L , : ;!V ( 1 8 RESOLUTION NO.,83-17555 RESOLUTION APPROVING SITE SELECTION AS TO LOCATION OF NORTH SHORE PARK EXTENSION; DECLARING ACQUISITION OF THOSE PROPERTIES IDENTIFIED AND DESCRIBED AS ALL OF BLOCKS 11 AND 12 , PLUS ONE-HALF INTEREST IN ATLANTIC WAY ON THE EAST, CORRECTED PLAT OF ALTOS DEL MAR NO. 1, PLAT BOOK 31, PAGE 40, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA AND ALL OF BLOCKS 5 AND 6, PLUS ONE-HALF INTEREST IN ATLANTIC WAY ON THE WEST AND EXTENDING EASTWARD TO THE EROSION CONTROL LINE, CORRECTED PLAT OF ALTOS DEL MAR NO. 1, PLAT BOOK 31, PAGE 40 , OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, TO BE A PUBLIC NECESSITY; AUTHORIZING THE ACQUISITION OF SAID PROPERT IES BY PURCHASE, DONATION, OR THE FILING OF EMINENT DOMAIN PROCEEDINGS AND DECLARATION OF TAKING, AS NECESSARY. WHEREAS , for reasons more particularly set forth in Commission Memorandum No. 759-83 the City Commission desires to approve the selection of all the privately owned property located between Collins Avenue and the Atlantic Ocean and between 77th Street and 79th Street in the records of the Florida Department of Natural Resources, Tallahassee, Florida, as the site of the location for the North Shore Park Extension; and WHEREAS , for the purposes of extending the current North Shore Open Space Park, the City of Miami Beach desires to acquire several parcels of land located in the City of Miami Beach within the area located between Collins Avenue and the Atlantic Ocean and between 77th Street and 79th Street in the records of the Florida Department of Natural Resources, Tallahassee, Florida; and WHEREAS , the legal descriptions of the specific properties to be acquired are: All of Blocks 11 and 12, plus one-half interest in Atlantic Way on the East, Corrected Plat of Altos Del Mar No. 1, Plat Book 31, Page 40 of the Public Records of Dade County, Florida; and All of Blocks 5 and 6 , plus one-half interest in Atlantic Way on the West and extending Eastward to the Erosion Control Line, Corrected Plat of Altos Del Mar No. 1, Plat Book 31, Page 40, of the Public Records of Dade County, Florida; and WHEREAS, the City Commission finds, determines and declares that it is necessary to acquire fee simple title to the • above-described properties for use in connection with extension of 1, the North Shore Open Space Park; and WHEREAS, the City Commission finds, determines, and declares that the acquisition of the above-described properties is a public necessity and is necessary, practical, and in the best interest of the City of Miami Beach; and WHEREAS, the City Commission finds, determines, and declares that the acquisition of the above-described properties by purchase, donation, or eminent domain proceedings is for the public use and benefit, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THAT: 1. This City Commission finds, determines, and declares that the matter set out in the foregoing recitals are true and correct and they are hereby incorporated as a part of this Resolution. 2. The recommendation of the City Manager that all the privately owned property located between Collins Avenue and the Atlantic Ocean and between 77th Street and 79th Street in the records of the Florida Department of Natural Resources, Tallahassee, Florida, be selected as the site for the extension of North Shore Open Space Park is hereby accepted and approved. 3. The recommendation of the City Manager as to the acquisition of the site for the extension of the North Shore Open Space Park is hereby accepted and approved. 4 . The City Commission declares that it is necessary to acquire fee simple title to all of Blocks 11 and 12, plus one-half interest in Atlantic Way on the East, Corrected Plat of Altos Del Mar No. 1, Plat Book 31, Page 40, of the Public Records of Dade County, Florida, and all of Blocks 5 and 6, plus one-half interest ,11 in Atlantic Way on the West and extending Eastward to the Erosion Control Line, Corrected Plat of Altos Del Mar No. 1, Plat Book 31, Page 40, of the Public Records of Dade County, Florida. 5. This City Commission authorizes the City Manager and the City Attorney, through their staffs or through special counsel engaged for such purposes to acquire the above-described 20 properties through purchase, donation, or through eminent domain proceedings, including declaration of taking through eminent domain, subject to the conditions as set forth by Trustees of the Internal Improvement Fund of the State of Florida instructions more specifically that: a) The City will exercise its power of eminent domain where necessary to acquire parcels in the tract and will be responsible for all costs and attorney fees associated with condemnation proceedings. b) The City will be responsible for payment of all costs awarded to the owner by the courtabove the State appraisal; except P when any court award is 150 percent or more of the appraised value, the City shall have the options to , urchase seek P other alternatives to acquisition from the Trustees, or refuse the price and not make the purchase, provided that such refusal to purchase would not reduce the acquisition below 85 percent of the total 24 lots sought in the project. c) Contracts must be executed or condemnation proceedings g started within six months of the date of this approval, or where State funds are not available, the condemnation proceedings must be commenced or contracts acquired within six months of the approval of the additional funds for acquisition. Should the State not approve the further expenditure under this program, the City shall not be responsible for acquisitions. PASSED and ADOPTED this 16th day of November, 1983. MA R ATTEST: ?)/(1A-adu.0.-, tit-5/ CAPPROVE L. � ,4 DEPT. r � /11 Ar 0"41111101 /I 0713 JK/jhd 11143A 21 ea* Wawa read F .-�,. R I A 33139 VACATIONLANL) U. S. A.- P OF THE CITY MANAGER CITY HALL Of1700 CONVENTION CENTER DRIVE AOS W.PARKINS CITY MANAGERTELEPHONE: 673-7010 COMMISSION MEMORANDUM NO 47.59-R3 • DATE: November 16, 19313 TO: Mayor Malcolm H. F • . ., • • Mernbsn of the Comm • Rob W. • ins , FROM: / r , City / Sl16JECT. STATUS REPORT ON NORTH SHORE PARCEL UNDER THE "SAVE OUR COAST" PROGRAM History • In 1981, the Miami Beach City Commission approved the submission of an application under the State's "Save Our Coast" program. The "Save Our Coast" program is a land acquisition which funds the purchase of beachfront property. Property acquired under the program program is converted into parkland for use by residents and tourists. The City's application requested the State purchase the property known as the "North Shore Parcel", a 9.81-acre, three-block tract, consisting of 1,100 feet of oceanfront land, located between 76th and 79th Street, east of Collins Avenue. The "North Shore Parcel" is the last remaining parcel of low density and undeveloped oceanfront land within the City of Miami Beach. Pursuant to State statutory requirements, three independent appraisals, paid for by the • State, were completed on the property. It is important to note that the parcels were not under-appraised, and in fact, two of the three appraisers expressed in their appraisal reports that they based their highest and best use being "some sort of multi-family zoning; possibly RM-60 or R M-125". The State's final report valued the 36-lot parcel at a maximum of 8.2 million dollars. The submission of an application under the "Save Our Coast" program does not however, guarantee selection and funding. Hundreds of millions of dollars worth of applications have been submitted representing dozens of parcels. The Governor and Cabinet have so far only authorized funds for eight projects. After a long lobbying campaign by the City of Miami Beach, the Miami Beach Chamber of Commerce, the Committee Against Hi-Rise Rezoning, the Miami Herald, Dade County Commissioner Harvey Ruvin and our. State Legislators, the Governor and Cabinet authorized the "North Shore Parcel" for funding and acquisition. The Cabinet, however, is without eminent domain powers and has established, after negotiations with the City Administration, the following conditions upon which formal acceptance by the City Commission will cause the State to purchase the first seven lots under the program at a cost of 2.2 million dollars. CONDITIONS FOR APPROVAL OF PROJECT 1. The City will exercise its power of eminent domain where necessary to acquire parcels in the tract and will be responsible for all costs and attorneys' fees associated with condemnation proceedings. continued... COMM. MEMO. PAGE TWO NOVEMBER 16, 1983 CONDITIONS FOR APPROVAL OF PROJECT (continued) 2. The City will be responsible for payment of all costs awarded to the owner by the owner above the State appraisal; except when any Court award is 150% or more of the appraised value, the City shall have the options to purchase, seek other alternatives to acquisition from the Trustees, or refuse the price and not make the purchase, provided that such refusal to purchase would not reduce the acquisition below 85% of the total 36 lots sought in the project. 3. Contracts must be executed or condemnation proceedings started within six months of the date of this approval, or where State funds are not available, the condemnation proceedings must be commenced or contracts acquired within six months of the approval of the additional funds for acquisition. Should the State not approve the further expenditure under this program, the City shall not be responsible for acquisitions. Should the City not accept these conditions by November 29, 1983, this offer is null and void and North Shore Open Space is removed from the "Save Our Coasts" list. The Miami Beach Planning Board passed a motion at its September 27, 1983 meeting urging the Miami Beach City Commission to proceed with acquisition of the subject property. Analysis: As the State approved "North Shore Parcel" Management Plan notes, Miami Beach's shoreline is characterized by hi-rise development commonly referred to as a concrete canyon. Acquisition of the subject property would enable the City to preserve open space and provide much needed recreational amenities along the City's congested oceanfront. The property would provide vital linkages between existing parkland, the newly renourished beach, and the Beachfront Park and Promenade. The site would become the link between North Shore Open Space Park to the north and North Shore Park to the south, forming a unified park system. Unless this property is acquired for public use as soon as possible, these linkages will be lost forever. It should be noted that owners of 13 of the 36 lots have agreed to sell at the appraisal price and have signed option agreements or are willing to sign agreements immediately. These willing sellers represent 3,391,000 dollars in appraised property which the City will not have to condemn. An additional three lot owners constituting 415,750 dollars in appraised property have expressed interest in selling at the appraised price. For the purpose of conservatively determining an upside liability on the part of the City however, these three lots have been included in the "unwilling sellers scenario". A Financial Analysis of the Florida Cabinet's conditions shows that in a worse case scenario, with all unwilling sellers continuing to refuse to sell, continuing to refuse life estates and receiving judgments of 150% of the State's appraisal on all lots the City could incur the following upside liabilities: Fifty percent (50%) of 150% judgments $1 ,414,000 Legal fees and court costs at 20% of 23 lots 1 ,435,700 at 150% of appraised value TOTAL COSTS $2,849,700 While this is the reasonable worst case upside liability the City could incur, it should be made clear that City funding for this potential liability would occur over a period of years. One of the Cabinet's conditions is that the City shall only be required to execute purchase agreements or start condemnation proceedings upon the State's making available funds up to the appraisal price of the affected lots. The structure of the "Save Our Coast" program is one based on the issuance of bonds on a 25 million dollar yearly increment. Due to program funding commitments throughout the State, It is unlikely the Cabinet can allocate more than ,, 2.5 million dollars a year to the "North Shore Parcel". It would therefore take a minimum of `� three to four years to receive all State funds. The City can therefore spread its potential liability over these years. • COMM. MEMO. PAGE THREE NOVEMBER 16, 1983 It is also probable that a number of property owners will reconsider their hardline stance and accept life estates. All properties upon which life estates are authorized need not be condemned and thus no City expenditure required. Additionally, condemnation judgments are based upon evidence and the City will be able to show at least 13 recent sales of comparable parcels at the State's appraised amount. As a majority of the appraisals were for multi-family zoning, it is therefore unlikely that excessive judgments will be granted. State rules and regulations also require that appraisals be updated every two years. New appraisals could increase the State's funding over current levels to amounts acceptable to the unwilling sellers. The Cabinet however, retains the option to not allocate additional funds for acquisition over the 2.2 million dollars presently in escrow for Miami Beach but the City shall then not be responsible for acquisitions and need incur no financial liability. The City Administration in its attempt to limit liability to the greatest degree has requested the State of Florida Department of Natural Resources to suggest modifications to the acquisition plan which it believes would be acceptable to the City and Florida Cabinet. Dr. Elton Gissendanner, Executive Director of the Department has suggested and agrees to support temporarily dividing the "North Shore Parcel" into two parcels exactly like the division the unwilling sellers proposed when they petitioned the Historic Preservation Board in August, 1983. This is a division into one parcel of 24 lots from 79th Street to 77th Street and another parcel comprised of 12 lots between 77th Street and 76th Street. (This petition to have the parcel between 79th Street and 77th Street designated as an historic site failed because more than 50% of the owners of the 24 lots were opposed.) Dr. Gissendanner has agreed to support this temporary division and to request the Cabinet, at its November 17, 1983 meeting to apply their conditions only to the 24-lot parcel at this time. Approval by the City and the Cabinet of this division would limit the City's financial liability -in a worst case scenario as follows: 50% of 150% judgments $ 652,750 Legal fees and court costs at 20% of 11 lots 747,900 at 150% of appraised value TOTAL COSTS $1 ,400,650. Under the divided or "revised North Shore Parcel" 54% of the lots would be under contract or available under contract with an additional 12% possible and likely. While the 76th Street parcel would not be under contract or required for condemnation, the City has negotiated an agreement with Mr. Emil Morton, owner of 10 of the 12 lots constituting the 76th Street parcel, to sign a contract with the City giving Miami Beach the right or first refusal to purchase this land. The City Commission can therefore defer finalizing an acquisition plan for the 76th Street parcel without exposing the City of Miami Beach to financial obligation at this time. On a comparison basis to other "Save Our Coast" projects around the State, City's Cit 's financial participation is the smallest on a percentage basis. In all other approved projects local governments were required to pay a portion (usually 20% to 50%) of the appraised price. In the "North Shore Parcel" the City is not being requested to pay any funds up to the appraisal price. Basedupon the November 29, 1983 deadline imposed by the Florida Cabinet, City Commission approval or rejection of the project conditions need occur at the November 16, 1983 City Commission meeting. ADMINISTRATION RECOMMENDATION: That the City Commission approve dividing the "North Shore Parcel" into two parcels as described in the Commission memorandum; and issue a Resolution authorizing eminent I> domain and accepting the Cabinet conditions as set forth at the September 20, 1983 Florida Cabinet meeting but limiting application of the Resolution only to the 24-lotarcel from P 79th Street to 77th Street east of Collins Avenue. RWP:RSL:gjg 24 ectet, Naiad surd ON, FLO IDA 33139 �C11'4 i*yNCORPIORATED "V A CA TIONL A NL) U. S. A. " OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO.4:20 q DATE: July 11, 1984 TO: Mayor Malcolm H. F fg . • Members of the Pity Comm'. io FROM: Rob W. Parkin17 City Manager SUBJECT: AMENDED AGREEMENT WITH THE MIAMI BEACH DEVELOPMENT EVELO MENT CORPORATION TO EXTEND THE EXPIRATION DATE OF THE HOTEL REHABILITATION PROGRAM The Miami Beach Development Corporation (MBDC) received $50,838 in funding under the City's Year Eight (FY 82-83) Community Development Block Grant (CDBG) Program to carry out a program with the objective of providing technical assistance to hotel owners interested in rehabilitating their properties. During the initial phase of this program, MBDC researched the market conditions on Miami Beach, identified potential private and public funding sources, and surveyed and made direct contact with numerous hotel owners. MBDC was granted an extension to this program. The extension provided $44,867 in additional CDBG funds for a six month period; January 1, 1984 to June 29, 1984. The amended contract established several specific objectives. MBDC has carried out a promotional campaign aimed at hotel owners, developers, and private lenders with the intent of generating future investment commitments and proposals for Urban Development Action Grant (UDAG) funding. At this point in time, it has been determined that the program can continue to operate beyond the scheduled June 29, 1984 expiration date, without the need for additional funds. ADMINISTRATION RECOMMENDATION: The Administration recommends approving the amended Agreement with the Miami Beach Development Corporation to extend the expiration date from June 29, 1984 to September 30, 1984 without an authorization of additional funds. RWP/GAK/an 2 5 AGENDA ITEM -1-1— e DATE ORIGINAL RESOLUTION NO. 84-17787 (Authorizing the Mayor and the City Clerk to execute on behalf of the City a Save Our Coast Agreement with the Florida Department of Natural Resources for the acquisition of a 24-lot parcel between 77th and 79th Streets, Miami Beach, Florida)