RESOLUTION 88-19362 RESOLUTION NO. 88-19362
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING ACCEPTANCE OF A
SETTLEMENT OFFER WITH EDGAR LAR A, PRESIDENT OF LEX
INVESTMENTS, INC., IN THE AMOUNT OF $325,000 FOR THE
ACQUISITION OF THE NORTH 70 FEET OF LOT 5, BLOCK 101,
OCEAN BEACH ADDITION NO. 3, PLAT BOOK 2, PAGE 81, PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, AT 221 ALTON ROAD,
FOR THE SOUTH POINTE ELEMENTARY SCHOOL LAND
ACQUISITION PROJECT.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA;
WHEREAS, the City Commission of the City of Miami Beach is desirous of
purchasing property surrounding the Dade County School Board property located in the
redevelopment area; and
WHEREAS, the City Commission of the City of Miami Beach adopted Resolution
No. 86-18369 on February 5, 1986, authorizing the City Manager to initiate procedures for
clearance of bond funds to purchase the property surrounding the South Beach Elementary
School; and
WHEREAS, the City Commission authorized the City Attorney and the City
Manager to proceed with negotiations and methods to accomplish the purchase; and
WHEREAS, the City Commission of the City of Miami Beach adopted Resolution
No. 86-18563 on September 3, 1986, appropriating $2,300,000 in available funds from the
reallocation of bond funds to the South Beach Elementary School Land Acquisition Project;
and
WHEREAS, the City Commission of the City of Miami Beach adopted Resolution
No. 86-18712 on December 17, 1986, authorizing execution of the Acquisition Agreement
between the City of Miami Beach and the Dade County School Board for the approved
expansion and reopening of the South Beach Elementary School; and
WHEREAS, the City Commission on April 6, 1988, amended Resolution
No. 87-19007 by Resolution No. 88-19212 so as to recognize the change in the name of the
project known as the South Beach Elementary School Land Acquisition Project to the South
Pointe Elementary School Land Acquisition Project; and
WHEREAS, the City Administration has negotiated the purchase price of
$325,000 for the described property; and
WHEREAS, the funding for this project has been taken from the reallocation of
Bond Fund 351 and placed into the South Pointe Elementary School Land Acquisition Project
Work Order No. 2970.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, THAT:
1. The recommendation of the City Manager and staff as to the purchase price
of $325,000 for the North 70 feet of Lot 5, Block 101, Ocean Beach Addition No. 3, Plat
Book 2, Page 81, Public Records of Dade County, Florida for the South Pointe Elementary
School Land Acquisition Project is hereby accepted and approved.
2. Funds in the amount of $325,000 are to be used from existing funds in Work
Order No. 2970.
PASSED and ADOPTED this 22nd day of Sept __ _a_ _ 1988.
.yor
Attest:
2at/c
City Clerk
APPROVED AS TO FORM:
Legal Department
Dated 2/14/88 ---
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;:`p,MA a f4c,, FLORIDA 3 3 1 3 9
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*iINCORPj ORATED *, "VACA TIONLANL) U. S. A.
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OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. /1-7(1,.V
DATE: September 22, 1988
TO: Mayor Alex Dao and -
Members of thi City Commission
OM: Rob 1 . 1�a -- s ' i _ __v '\
City Manager it,-,,-,.._---/
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SUBJECT: AUTHORIZING THE ACCEPTANCE OF A SETTLEMENT OFFER WITH
EDGAR LARA, PRESIDENT, LEX INVESTMENTS, INC,, FOR THE
ACQUISITION OF 221 ALTON ROAD, MIAMI BEACH, FLORIDA, IN
THE SOUTH POINTE ELEMENTARY SCHOOL LAND ACQUISITION
PROJECT
BACKGROUND:
The City Commission of the City of Miami Beach adopted Resolution No. 88-19338 on
September 7, 1988, authorizing the City Manager to initiate procedures for the clearance of
bond funds to purchase the property surrounding the South Pointe Elementary School, and
further, authorized the City Attorney and the City Manager to proceed with negotiations to
purchase the various properties designated for the South Pointe Elementary School Land
Acquisition Project.
CURRENT STATUS:
The City Administration has met with Edgar Lara, President of Lex Investments, Inc,, owner
of the property located at 221 Alton Road, Miami Beach, Florida (the North 70 feet of Lot
5, Block 101, Ocean Beach Addition No. 3, Plat Book 2, Page 81, Public Records of Dade
County, Florida). The negotiations with the property owner has resulted in an offer in the
amount of $325,000 (copy of offer attached).
The Land Use and Development Committee, at its meeting of Tuesday, September 2 0, 1988,
reviewed the proposed offer and acquisition of the property.
ADMINISTRATION RECOMMENDATION:
The City Administration recommends that the City Commission approve the settlement
offer and adopt the attached Resolution authorizing the acquisition of 221 Alton Road,
Miami Beach, Florida, the North 70 feet of Lot 5, Block 101, Ocean Beach Addition No. 3,
Plat Book 2, Page 81, Public Records,of Dade County, Florida, for $325,000. Funds for this
acquisition have been appropriated from Bond Fund 351 into Work Order No. 2970.
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OFFER FOR SALE
In consideration of the sum of $10.00, receipt of which is hereby acknowledged, we
hereby offer to sell to the City of Miami Beach, for the price of three hundred twen;y-five
thousand ($325,000.00) Dollars, the following described property commonly know as:
221 Alton Road, Miami Beach, Florida.
Legally described as:
North 70 feet of Lot 5, Block 101, Ocean Beach Addition No. 3, Plat Book 2,
Page 81, Public Records of Dade County, Florida
The sum of three hundred twenty-five thousand ($325,000.00) DOLLAR.S is
compensation in full for the described property, free of all encumbrances, including liens,
mortgages, judgments, contracts for the payment of money, real estate taxes and c ther
governmental levies for all prior years. Seller shall be responsible for documentary stamps,
including surtax, and his own attorneys fees. Real estate taxes and prepaid rents shall be
prorated to the date of closing. All improvements on the described property are included in
this offer.
This offer for sale is made on the understanding that eminent domain proceedings are
about to be instituted as to this property; consequently, this agreement is made to forestall
protracted litigation.
We understand that this offer is subject to approval of the City Commission of the
City of Miami Beach and it can be accepted only by Commission Resolution authorizing
same. Delivery of possession shall be after payment of the above amount unless written
consent to an extension is received.
This sale is subject to the following special conditions:
1. The seller shall keep all fixtures and appliances currently existing on the
premises.
2. The foregoing is subject to tenants in possession and such leases as the tenants
may have. Seller agrees not to enter into any written leases after the date of this
offer.
•
3. Seller's delivery of good and marketable Title.
This offer for sale is irrevocable for a period of forty-five (45) days from this date.
DATED this /5 day of , 1988.
der'
- 1
Lex Investments, Inc.
Edgar Lara, President
FORM APPROVED
LEGAL DEPT.
By
06 Date AGENDA 'a
1 TEM —_
DATE t _ t
ORIGINAL
RESOLUTION NO. 88-1. 9362
(Authorizing acceptance of a settlement
offer with Edgar Lara, President of Lex
Investments, Inc. , in the amount of
$325,000 for the acquisition of the North
70 feet of Lot 5, Block 101, Ocean Beach
Addition No. 3, Plat Book 2, Page 81,
Public Records of Dade County, Florida,
at 221 Alton Road, for the South Pointe
Elementary School land acquisition project