RESOLUTION 89-19567 RESOLUTION NO. 89-19567
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH FINDING THAT THE SALE 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 SALE AND/OR LEASE OF CITY PROPERTIES, AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
PURCHASE AND SALE AGREEMENT AND ALL DOCUMENTS
NECESSARY TO CARRY OUT THE CLOSING OF SAID SALE.
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
age 6 7 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
WHEREAS, an agreement has been negotiated, recommended by
the City Manager, and approved as to form by the City Attorney,
NOW, THEREFORE, 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 AND ADOPTED this 15th day of _/0 , 1%8• .
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MAYOR
ATTEST:
-?_-ecti-it:e )7 /2 14;? -,._./
CITY CLERK
FORM APPROVED:
LEGAL DEPARTMENT
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DATE: 3/4/ A',
0306892
RESOLUTION NO. 88-19471
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA DECLARING CERTAIN
PROPERTIES TO BE SURPLUS; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND PREPARE, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, A PURCHASE
AND SALE AGREEMENT AND ALL DOCUMENTS NECESSARY
TO CARRY OUT THE CLOSING OF A SALE OF SEVEN
(7) CITY OF MIAMI BEACH-OWNED PROPERTIES ON
FISHER ISLAND TO ISLAND DEVELOPERS, LTD. , A
FLORIDA LIMITED PARTNERSHIP; AND AUTHORIZING
THE MAYOR TO EXECUTE SAID PURCHASE AND SALE
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 provision 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 sun 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
WHEREAS, 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
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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, THEREFORE, BE IT DULY RESOLVED 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.
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Section 5. Said Purchase and Sale Agreement and all other
documentation shall be in a form acceptable to the City Attorney.
PASSED AND ADOPTED this 9th day of Or emb-r, 1988 .
Alit /4
imor
MAYOR
ATTEST:
tifiht-rAi 1,-27 14/1- -I/
CITY CLERK
FORM APPROVED:
LEGAL DEPARTMENT
DATE: /c ce,
0306891
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D. Based on the proposed use of the property, the City shall determine the
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1 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.
rE. The City Planning Board shall hold at least one public hearing for
,, consideration of necessary re-zoning and/or amendment to the
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comprehensive plan and in order to obtain citizen input into the possible
r i lease or sale of City property. The Planning Department shall prepare an
analysis of the proposed sale or lease using the following criteria:
:
=j: 1. Whether or not the proposed use is in keeping with City
goals and objectives and conforms to the City
• comprehensive plan.
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2. 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
1 values, improved development patterns and provision of
necessary services.
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3. 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 s i eam and
a improving the community's overall quality of life.
= 4. 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.
i5. The impact on adjacent properties, whether or not there is
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adequate parking, street, and infrastructure needs.
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6. A determination as to whether or not alternatives are
r available for the proposed disposition, including assembly of
I adjacent properties, and whether or the project could be
accomplished under a private-ownership assembly.
7. 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
4 for its disposition of property.
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8. Such other issues as the Planning Department and Planning
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Board may deem appropriate in their analysis of the
appropriateness of the proposed disposition.
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F. Should the Cityor the proponent for the sale or lease not wish to undertake
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*,�;: a public bidding process, then the City or the proponent shall obtain the
• `r�'• appropriate legal opinioninion that a public bidding process is unnecessary. If the
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•`;‘:- proponent is unable to obtain the necessary legal opinion, but wishes to
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proceed with sale and/or lease negotiations, then the sale or lease
-� agreement shall be first negotitated,
and then made available for others to
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bid against.
„lapproval bythe CityCommission of a sale or lease of City
n..` G. Prior to the final
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....1- property, and after the amendments to the comprehensive plan or the
Zoning
Ordinance have been considered, all necessary variances shall also be
{ and incorporated into the final sale
:� obtained from the Board of Adjustment p
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or lease agreement for the property.
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Ai.,:, OF June , 1986.
• ; PASSED AND ADOPTED THIS 18th DAY
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LEGAL DEPT.
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RESOL11iON NO. 89-19567
Finding that the s-le of seven(7) City
of Miami Beach owed properties on Fisher
Island to Island9evelopers, Ltd.
pursuant to Reso-tution No. 88-19471 meets
requirements se- forth in Resolution No.
86-18491 reganing the procedures for
sale and/or J:ase of City properties, and
authorizing .:he Mayor and City Clerk to
execute the purchase and sale agreement
and all documents necessary to carry out
the closiig of said sale.