RESOLUTION 91-20228 RESOLUTION NO. 91-20228
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH AUTHORIZING THE MAYOR AND THE CITY
CLERK TO EXECUTE AN AGREEMENT WITH MAJESTIC CO. , A
NEW JERSEY PARTNERSHIP, FOR THE VACATION AND
IMPROVEMENT OF A PORTION OF THE RIGHT-OF -WAY
LOCATED BETWEEN TENTH AND ELEVENTH STREETS ALONG
THE WEST SIDE OF WASHINGTON AVENUE.
WHEREAS, Majestic Co. ("Majestic") is the owner of Lots 4, 5
and 6 of Block 36 of Ocean Beach Addition No. 3 according to the
plat thereof as recorded in Plat Book 2 , page 81, of the Public
Records of Dade County, Florida; and
WHEREAS, Majestic is the contract purchaser from Norman and
Roberta Schwartz of Lots 1, 2 and 3 of Block 36 of Ocean Beach
Addition No. 3 according to the plat thereof as recorded in Plat
Book 2 , page 81, of the Public Records of Dade County, Florida;
and
WHEREAS, the City of Miami Beach ("City") is the owner of Lots
7 and 8 of Block 36, of Ocean Beach. Addition No. 3 according to
the plat thereof as recorded in Plat Book 2 , page 81, of the
Public Records of Dade County, Florida; and
WHEREAS, the City has a public easement for right-of-way for
what was previously known as Drexel Avenue, which right-of-way
abuts Lots 1 through 6 of Block 36, and which right-of-way
constitutes a triangular area approximately 300 feet long and
approximately 78 . 80 feet wide at the northern end with a total of
approximately 13 , 752 square feet, all of which right-of-way lies
between 10th and 11th Streets along the west side of Washington
Avenue, the "Subject Property" ; and
WHEREAS, in approximately 1983 , the City ceased using the
Subject Property as a road right-of-way and converted it to a
sidewalked and landscaped mall area; and
WHEREAS, Majestic has represented to the City that if the City
would vacate the Subject Property, Majestic would make improvements
on the Subject Property which would enhance the Subject Property
and make Majestic' s abutting properties more accessible and
functional, and at the same time relieve the City of Miami Beach of
any liability associated with the use and maintenance of the
Subject Property; and
WHEREAS, the City is willing to vacate the Subject Property
provided that all the following specific conditions are met:
(a) Majestic takes title to Lots 1, 2 and 3 of
Block 36.
(b) Majestic secures Design Review Board approval
for the improvements to be made on the Subject
Property and on Lots 7 and 8 of Block 36.
(c) Majestic delivers to the City a Letter of
Credit in favor of the City in the amount of
$100, 000 as security for the agreement of
Majestic to commence construction of the
improvements on the Subject Property and on
Lots 7 and 8 within six (6) months from the
date of vacation, and complete construction
within twelve (12) months of commencement; and
WHEREAS, the parties have negotiated the attached Agreement
and the Agreement is recommended by the City Manager and has been
approved as to form by the City Attorney.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are
hereby authorized to execute an Agreement with Majestic Co. , a New
Jersey partnership, for the vacation and improvement of a portion
of the right-of-way located between Tenth and Eleventh Streets
along the West Side of Washington Avenue.
PASSED and ADOPTED this 23rd day of Janaury , 1991.
ATTEST:
CiA&.(kAYA
I 1, AeLaki,
City Clerk ' a fir
PNB: lm
FORM APPROVED
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F L O R I D A 3 3 1 3 9
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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. 0 C f
January 23 , 1991
DATE:
TO: Mayor Alex Dao • and
Members of • - City Com► issl
FROM: Rob W. P. kins
lr
City 9 Mana - 1/6'
AGREEMENT WI' H MAJESTIC COMPANY, A NEW JERSEY PARTNERSHIP
SUBJECT: FOR THE VACATION AND IMPROVEMENT OF A PORTION OF THE
RIGHT-OF-WAY LOCATED BETWEEN 10th AND 11TH STREETS,
ALONG THE WEST SIDE OF WASHINGTON AVENUE
Background:
Neisen Kasdin, Esquire, Attorney for the Majestic Company and Norman
and Roberta Schwartz has proposed the vacation and improvement of a
portion of the right-of-way located between 10th and 11th Streets,
along the west side of Washington Avenue in Miami Beach. The
Majestic Company and his client has purchased three (3) of the six
(6) privately owned parcels that front the west side of Washington
Avenue between 10th and 11th Streets.
The overall concept, as presented by Mr. Kasdin, was to take all of
the properties on that block, which will be under common ownership,
and create a 200 (-0 -room Tropical Deco Resort. This project would
preserve all of the buildings and would tie the properties together,
so that guests and service people could gain access to the
properties. On August 27, 1990, the Land Use and Development
Committee unanimously recommended that the subject right-of-way
easement be abandoned or vacated, subject to an agreement being
entered into between the developer and the City. At the City
Commission meeting of September 5, 1990, the City Commission approved
the proposed plan.
Current Status:
The City Administration and the Legal Staff have incorporated, in
concept, the concerns of the City Commission, including the redesign
and relocation of the Kramer Memorial from the subject property to a
location at the Justice Center to the north, as approved by the Chief
of Police. The agreement also provides for Design Review Board
approval for the improvements and a Letter of Credit in the amount of
$100, 000 as security in order to commence construction of the
improvements.
ADMINISTRATION RECOMMENDATION:
The City Administration recommends that the Mayor and the City Clerk
be authorized to execute an agreement with the Majestic Company for
the vacation and improvement of a portion of the right-of-way located
between 10th and 11th Streets, along the west side of Washington
Avenue.
RWP:WHH:blb
Attachment `7
AGENDA
ITEM
DATE —23-9
AGREEMENT
THIS AGREEMENT made and entered into as of this 23rd day
of January , 1991, by and between Majestic Co. , a New Jersey
partnership, hereinafter referred to as "Majestic" , and the City of
Miami Beach, a Florida municipal corporation, hereinafter referred
to as "City" .
WITNESSETH
WHEREAS, Majestic is the owner of Lots 4 , 5 and 6 of Block 36
of Ocean Beach Addition No. 3 according to the plat thereof as
recorded in Plat Book 2 , page 81, of the Public Records of Dade
County, Florida; and
WHEREAS, Majestic is the contract purchaser from Norman and
Roberta Schwartz of Lots 1, 2 and 3 of Block 36 of Ocean Beach
Addition No. 3 according to the plat thereof as recorded in Plat
Book 2, page 81, of the Public Records of Dade County, Florida;
and
WHEREAS, the City is the owner of Lots 7 and 8 of Block 36, of
Ocean Beach. Addition No. 3 according to the plat thereof as
recorded in Plat Book 2 , page 81, of the Public Records of Dade
County, Florida; and
WHEREAS, the City has a public easement for right-of-way for
what was previously known as Drexel Avenue, which right-of-way
abuts Lots 1 through 6 of Block 36, and which right-of-way
constitutes a triangular area approximately 300 feet long and
approximately 78. 80 feet wide at the northern end with a total of
approximately 13 ,752 square feet, all of which right-of-way lies
between 10th and 11th Streets along the west side of Washington
Avenue, hereinafter referred to as the "Subject Property" ; and
WHEREAS, in approximately 1983 , the City ceased using the
Subject Property as a road right-of-way and converted it to a
sidewalked and landscaped mall area; and
WHEREAS, Majestic has represented to the City that if the City
would vacate the Subject Property, Majestic would make improvements
on the Subject Property which would enhance the Subject Property
and make Majestic's abutting properties more accessible and
functional, and at the same time relieve the City of Miami Beach of
any liability associated with the use and maintenance of the
Subject Property; and
WHEREAS, the City is willing to vacate the Subject Property
provided that all the following specific conditions are met:
(a) Majestic takes title to Lots 1, 2 and 3 of
Block 36.
(b) Majestic secures Design Review Board approval
for the improvements to be made on the Subject
Property and on Lots 7 and 8 of Block 36.
(c) Majestic delivers to the City a Letter of
Credit in favor of the City in the amount of
$100, 000 as security for the agreement of
Majestic to commence construction of the
improvements on the Subject Property and on
Lots 7 and 8 within six (6) months from the
date of vacation, and complete construction
within twelve (12) months of commencement.
2
NOW, THEREFORE, in consideration of the mutual promises herein
exchanged and other good and valuable consideration, the receipt of
which is hereby acknowledged, the parties hereby agree as follows:
1. Recitals Incorporated. The foregoing recitals are true and
correct and are hereby incorporated by reference into the
Agreement.
2 . Legal Description. The legal description of the Subject
Property is shown on the Sketch of Boundary Survey attached hereto
as Exhibit A.
3 . Conditions of Vacation. The City hereby agrees that it will
vacate the subject property, subject to the City retaining a
transit stop easement of 260 ' x 6 ' and subject to execution of a
covenant by Majestic in the form as shown on Exhibit D attached
hereto to use the Subject Property in substantially the same manner
as shown on the site plan attached hereto as Exhibit C, when all of
the following specific conditions have been fulfilled by Majestic:
(a) Majestic shall have taken title to Lots 1, 2
and 3 of Block 36.
(b) Majestic shall have secured Design Review
Board approval for the improvements to be made
on the subject property and on Lots 7 and 8 of
Block 36.
(c) Majestic delivers to the City a Letter of
Credit in favor of the City in the amount of
$100, 000 as security for the agreement of
Majestic to commence construction of the
improvements on the Subject Property and on
Lots 7 and 8 within six (6) months from the
date of vacation, and complete construction
within twelve (12) months of commencement.
(The Letter of Credit shall be in the form
attached hereto as Exhibit B. )
3
Majestic shall notify the City, in accordance with the notice
provisions of paragraph 8, within twenty (2 0) days of fulfilling
each and every one of the above conditions. The City shall vacate
the subject property by Resolution pursuant to a public hearing
within forty-five (45) days of fulfillment of all of the above
conditions by Majestic. The City shall also authorize a Quit Claim
Deed for the Subject Property in favor of Majestic, at the same
time as vacation. Within ten days after the City passes the
Vacation Resolution, Majestic shall record the following documents
in the Public Records of Dade County in the following order: (1)
The Vacation Resolution, (2) The Quit Claim Deed and (3) The
Restrictive Covenant.
4 . Design Review Board Approval. Majestic agrees to submit to
the City, within one hundred twenty (120) days of the date hereof,
design development plans and specifications for consideration by
the City's Design Review Board. The City agrees, in its capacity
as current owner of the public right of way easement, to join, if
necessary, in any applications and documents reasonably required to
process Design Review approval.
5. Completion of Improvements. Majestic hereby agrees that
within six (6) months of the date of vacation, it will commence,
and within twelve (12) months of commencement, complete, at its
sole cost and expense, all of the following improvements:
(a) All improvements to the Subject Property in
substantially the same form as shown on the
preliminary site plan attached hereto as
Exhibit C and by reference made a part hereof,
which plan may thereafter, however, be
modified by the Design Review Board.
4
(b) All improvements to the City parking lot
located on Lot 7 and 8 of Block 36, also as
shown on Exhibit C.
(c) Redesign and relocate the Kramer Memorial from
the subject property to a location at the
Justice Center to the north, as approved by
the Chief of Police.
In the construction documents for reconstruction of the
parking lot, Majestic shall require the contractor to provide such
insurance and indemnity provisions as are normally provided in the
City's construction contracts, which provisions shall be subject to
the prior approval of the City's Risk Manager. The City shall be
named as an additional insured under the insurance provided by the
contractor.
In the event Majestic has not completed the improvements
within such twelve (12) months period, the City shall have the
right to draw down in full on the Letter of Credit, and the City
shall apply the proceeds thereof to the completion of the
improvements on Lots 7 and 8, and the balance, if any, shall be
forfeited to the City to be used for any lawful purpose. Majestic
hereby understands and agrees that the City is agreeing to vacate
the Subject Property partly in consideration of Majestic's
agreement to make the improvements thereon.
6. Termination. This Agreement shall be automatically
terminated, without the requirement of further action on the part
of either party, in the event Majestic does not take title to Lots
1, 2 and 3 of Block 36, Plat Book 2 , Page 81, as evidenced by
recording a Warranty Deed in the Public Records of Dade County
5
within ninety (90) days of this Agreement. This Agreement shall
also terminate automatically, without the requirement of further
action on the part of either party, in the event that Majestic has
not met all the conditions as set forth in paragraph three (3)
above within six (6) months of the date of this Agreement.
7. Assignment. This Agreement shall not be assignable in whole
or in part by either party without the prior written consent of the
other party which consent shall not be unreasonably withheld;
provided, however, that Majestic shall have the right without the
consent of the City to assign this Agreement to a corporation in
which at least 50% of the stock thereof is owned by the partners of
Majestic.
8. Notices. Any notices required or permitted to be given
under this Agreement shall be delivered by hand, U.S. mail,
certified, return receipt requested, or by Federal Express or other
nationally recognized overnight delivery service, and addressed as
described below. Notices shall be deemed effective only upon
receipt or refusal of delivery.
Majestic: Dave Kelsey
Majestic Co.
1024 Washington Avenue
Miami Beach, FL 33139
with a copy to: Neisen 0. Kasdin, Esq.
Taylor, Brion, Buker & Greene
14th Floor
801 Brickell Avenue
Miami, FL 33131
To City: City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Rob W. Parkins, City Manager
6
with a copy to: City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Laurence Feingold, City Attorney
9. Provisions Severable. In the event any term or provision of
this Agreement is determined by appropriate judicial authority to
be illegal or otherwise invalid, such provision shall be given its
nearest legal meaning or be construed as deleted as such authority
determines, and the remainder of this Agreement shall be construed
to be in full force and effect.
10. Gender and Case. Whenever used in this Agreement, the
singular shall include the plural, the plural shall include the
singular, and any gender shall include every other gender.
11. Captions. The captions and section headings in this
Agreement are for the convenience of reference only and shall not
be deemed to alter any provision of this Agreement.
12 . Governing Law. This Agreement has been negotiated and
executed in Florida, and shall be construed and governed in
accordance with the laws of the State of Florida, without
application of conflict of laws principles.
13 . Entire Agreement. This Agreement constitutes the entire
agreement between the parties, and supersedes all other prior
written or oral agreements between the parties, with respect to the
subject matter of this Agreement.
14. Amendments. This Agreement may not be changed, altered, or
modified except by an instrument in writing signed by all parties.
15. Waiver. No waiver by either party of any breach by the
other party of any term or condition of the Agreement, and no
7
failure by non-breaching party to exercise any right or remedy in
respect of any such breach, shall constitute a waiver or
relinquishment for the future, or bar any right or remedy of the
non-breaching party in respect of, any other breach of such term
orcondition or any breach of any other term or condition of this
Agreement.
16. Time of the Essence. Time is of the essence as to all
material terms of this Agreement.
IN WITNESS WHEREOF, the parties hereto have hereunto caused
these presents to be signed in their names by their duly authorized
officers and principals, attested by their respective witnesses and
City Clerk on the day and year first hereinabove written.
elt-t' ,—T
Dated this dayof cu_c 1991
ATTEST: CITY OF MIAMI % ACH
l'r
\ l c
(J\LLcj
CITY CLERK jrYOR
WITNESS MAJESTIC CO. , A NEW JERSEY
PARTNERSHIP
411112
P/1 I
e, c/‘,
e NERAL PARTNER
PNB: lmFORM APPROVED
C:AGR\MAJESTIC 021291
LEGAL DEPT.
8
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Date
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LEGAL DESCRIPTION
N,KE. ► CIA OF DOUNDACs SVR\EYCommence at the Northeast corner of Lot 1, Block 36, OCEAN BEACH,
�� �'
'FLA. ADDITION NO. 3, as recorded in Plat Book 2 at Page 81 of the
SCL\ F - Q Public Records of Dade County, Florida, said point being the POINT
OF BEGINNING; thence run Easterly, along the South Right-of-Way
line of 11th Street for a distance of 78.80 feet to the point of
intersection with the Westerly Right-of-Way line of Washington
Avenue; thence run Southerly along the Westerly Right-of-Way line
of Washington Avenue for a distance of 357.75 feet to the point of
intersection with the Easterly line of the above mentioned Block
36; thence run Northerly, along the Easterly line of said Block 36
for a distance of 3_49.04 feet to the POINT OF BEGINNING; Said
lands located, lying and being in the City of Miami Beach, Florida
and containing 11.752.40Q square feet (more or less) or 0.3157
acres (more or less) .
I HEREBY CERTIFY: That the attached SKETCH OF BOUNDARY SURVEY of
the above described property is true and correct to the best of my
knowledge and belief as recently surveyed and platted under my
direction. This survey meets the Minimum Technical Standards set
by the FLORIDA BOARD OF LAND SURVEYORS as set forth in Chapter i
472.027 (F.S.) and Chapter 21 HH 6 of Florida Administrative Code.
Dated this 30th day of November, 1990.
City ofi Miami Beach
II •
EXHIBIT A ...iii.. .,/ """
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EXHIBIT C
S
RESTRICTIVE COVENANT
The Majestic Co. , a New Jersey partnership (the "Owner") , its
successors, heirs and assigns, owner of the following property,
hereby agrees and covenants that the following property located in
Dade County, Florida and legally described as:
Commence at the Northeast corner of Lot 1, Block 36,
OCEAN BEACH, FLA. ADDITION NO. 3 , as recorded in Plat
Book 2 at Page 81 of the Public Records of Dade County,
Florida, said point being the POINT OF BEGINNING; thence
run Easterly, along the South Right-of-Way line of 11th
Street for a distance of 78.80 feet to the point of
intersection with the Westerly Right-of-Way line of
Washington Avenue; thence run Southerly along the
Westerly Right-of-Way line of Washington Avenue for a
distance of 357 .75 feet to the point of intersection with
the Easterly line of the above mentioned Block 36; thence
run Northerly, along the Easterly line of said Block 36
for a distance of 349. 04 feet to the POINT OF BEGINNING.
(hereinafter the "Subject Property")
shall be subject to the following covenants and restrictions:
No building, whether permanent or temporary, shall be
erected or placed on the Subject Property, except as
shown on the preliminary site plan attached hereto as
Exhibit A and made a part hereof.
Any enhancements or improvements made to the Subject
Property shall be limited to sidewalks, decorative
paving, decks, planters, landscaping, lighting, street
furniture, fountains with pool, gates, drop-off parking
and similar amenities and shall be made in substantially
the same form as shown on the preliminary site plan
attached hereto as Exhibit A. The foregoing limitation on
enhancements or improvements is not intended to be a
limitation on the manner in which the Subject Property,
as enhanced or improved, is utilized.
The foregoing covenants and restrictions shall be considered
and construed as covenants and restrictions running with the land,
and the same shall bind all persons claiming ownership of all or
any portion of the Subject Property. The Owner hereby acknowledges
and agrees that the City of Miami Beach is a beneficiary of this
Restrictive Covenant, and the Owner shall not release or amend this
Restrictive Covenant without the prior written consent of the City
of Miami Beach.
Invalidation of any of these covenants by a Court of competent
jurisdiction shall in no way affect any of the other covenants
which shall remain in full force and effect.
6
IN WITNESS WHEREOF, the Owner has hereunto caused these
presents to be signed in its name by its duly authorized officers
and principals, attested by its respective witnesses on this
9th day of Apr i l , 1991.
W ESS I
MAJESTIC CO. , A NEW JERSEY
\\\\ ' /-7 PARTNERSHIP
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BY:
/ ENERAL PARTNER
STATE OF N.J. )
ss:
COUNTY OF HUDSON )
I HEREBY CERTIFY, that on this day, before me, an officer duly
authorized in the State and County aforesaid to take
acknowledgements, personally appeared JOSEPH GRUNFELD
, well known to me to be a General
Partner of Majestic Co. , a New Jersey Partnership, and that he
acknowledged executing the foregoing document, freely and
voluntarily under authority duly vested in him by said Partnership.
WITNESS my hand and official seal in the County and State last
aforesaid this 9th day of April , 1991.
7-,
, /, _-L-,_ -____4 _1. — h'-' .--<_' /&( ' -':-
Irotary Public, State of New Jersey
at Large MELI , Di DRITA
NOTARY PUMA; OF NEW JERSEY
My CCilii;;x11:n Ex;irOS Oct. 31, 1
901
My Commission Expires:
MAL: lm
C:Agreements\Restr.Cov.March 19, 1991
2
April 1, 1992
PARI: WASHINGTON DEVELOPMENT CO.
1024 Washington Ave.
Miami Beach, Fla. 33139
Mr. Bill Harrison
City Managers Office
CITY OF MIAMI BEACH
1700 convention Center Drive
Miami beach, Fla. 33139
Re : Agreement between the ' ity of Miami reach and Majestic Co.
Vacation of a portion of nrexel Ave.
Dear Mr. Harrison;
Enclosed please find our check in the amount of $100 ,000 . 00
Said funds to be used for the establishment of a construction
escrow account which shall be administered by the City of Miami
Beach as per the understanding reached re the modifications to
the above referenced agreement whereby said construction escrow
shall replace the Letter of Credit called for.
Thank you for your cooperation in this matter.
Yours tr ly,
')ave Kelsey
jr\
Agent for Majestic Co.
cc : Neisen Kasdin Esq.
This is to hereby acknowledge receipt from Park Washington
Development Company for check #2817 in the amount of $100, 000 which
the City will hold subject to approval of the amendment to the
agreement by the City Commission to extend the time for fulfilling
conditions of which vacation, and the City will hold for security
in lieu of a Letter of Credit.
Sincerely, /-
42/ / ''
William H. Harrison
Executive Assistant to the City Manager
WHH: b l b
April 1, 1992
PARK WASHINGTON DEVE LOPI ENT CO.
1024 Washington Ave.
Miami Beach, Fla. 33139
Mir. Bill Harrison
City Managers Office
CITY OF MIAMI BEACH
1700 convention Center Drive
Miami beach, Fla. 3313x'
Re : Agreement between the City of Miami reach and Majestic Co.
Vacation of a portion of T)rexel Ave.
Dear Mr. Harrison;
Enclosed please find our check in the amount of $100 ,000 . 00
Said funds to be used for the establishment of a construction
escrow account which shall be administered by the City of Miami
Beach as per the understanding reached re the modifications to
the above referenced agreement whereby said construction escrow
shall replace the Letter of Credit called for.
Thank you for your cooperation in this matter.
Your,qtr ly,
'favi Kelsey
Agent for Majestic Co.
cc : Neisen Kasdin Esq.
1
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. 1 1024 WASHINGTON AVE.
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MIAMI BEACH, FL 33139
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ORIGINAL
RESOLUTION NO. 91-20228
To execute an agreement with Majestic
Company,