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99-23278 RESO RESOLUTION 99-23278 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, INFORMING THE FLORIDA DEPARTMENT OF STATE, DIVISION OF LmRARY AND INFORMATION SERVICES, THAT THE CITY OF MIAMI BEACH HAS UNCONDITIONAL USE OF ALL THE LAND REQUIRED AND OF THE BUILDING WHICH WILL BE CONSTRUCTED FOR THE MIAMI BEACH REGIONAL LmRARY PROJECT. WHEREAS, the City of Miami Beach submitted a Public Library Construction Grant Application to the Florida Department of State, Division of Library and Information Services, on April 21, 1999 in the amount of$500,000 for the construction ofa Miami Beach Regional Library (the Project); and WHEREAS, the Florida Department of State, Division of Library and Information Services, is now requesting that the City provide information which shows that the City has unconditional use of the site and of the building in accordance with the definition stated in the Grant Application guidelines; and WHEREAS, the City is in the process of obtaining all properties required for the construction of the Project; and WHEREAS, on June 8, 1999 Defendants, Rodriguez and Tropical Fruit Palace, accepted Petitioner's Offer of Judgment for Parcel No.2 for real estate in the amount of $840,000, plus $119,000 for fixtures; and WHEREAS, an Order of Taking was completed for Parcels No.3 and No.5 in April 1998 and extended possession was granted to the lessee; and WHEREAS, the acquisition of Parcel NO.4 was completed in January 1998; and WHEREAS, while title to Parcel 6 is not at this time secure, the City has title to Parcels 4 & 5 which, with appropriate architectural reconfiguration, can accomodate the Project; and WHEREAS, the City Attorney has stated that the status of ownership and control of Parcels 4 & 5 is sufficient to satisfy the requirements of the Unconditional Use definition stated in the Grant Application guidelines for construction of a Regional library on said Parcels. NOW, THEREFORE BE IT DULY RESOLVED "BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission of the City of Miami Beach, Florida, inform the Florida Department of State, Division of Library and Information Services, that the City of Miami Beach has unconditional use of all the land required for the construction of the Miami Beach Regional Library project. PASSED AND ADOPTED this 21st day of July, 1999. ~M MAYOR ATTEST: ~~r~ CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION F:\WORK\$ALL\CHA TRA1'lDlCUL TURAL\GRANTRES. WPD ~//1J9~ all grant and local funds for construction, completion of the building, and submission and approval of the audit. ,,~ . ~~ ~, ,. G. Department means the Department of State. H. Division means the Division of Library and Information Services of the Department of State. 1. Government means a county, municipality, special district or special tax district. J. Expansion means adding square feet to an existing library facility. K. Funding Cycle means the interval oftime between the start of an announced application submission period and the notification of funding award by the Division. L. Grant Agreement means a written docwnent setting forth the terms and conditions under which a grant is provided to an applicant by the Department, including the rights and responsibilities of each party to the agreement, which is approved and signed by the Department and an authorized representative of the applicant. M. Grantee means the government to which a grant is awarded. N. Public Library Service means library service furnished by a public library free of charge. o. Remodeling means any structural alteration to the permanent interior walls, floors, ceilings or exterior shell of a previously completed building. This also includes alterations to electrical, mechanical and utility systems; remodeling to ensure safe working environments and to conserve energy; remodeling to make the facilities accessible by persons with disabilities; and remod~ling to accommodate new technologies. The term does not include maintenance or repairs such as repainting, replacing worn carpet, or repairing leaky roofs unless L'ley are part of an eligible construction project. P. Site Evaluation means a narrative analysis of the suitability of the location for the library building. Q. Unconditional Use means that the building to be remodeled, expanded or constructed and the site of such building are or will be owned by or under lease to the applicant no later t.~an 30 days after the notification of the grant award. Such ownership or lease interest must be continuous and for at least 20 years from completion of the remodeling, expansion or construction of the building. Leases shall not be revocable at will. III. ELIGIBILITY A. The applicant for a library construction grant must be a government. Library Construction Grant Application OLIS/PLC02, Effective )ITACI/;J1fNT Nt'- I 2 ITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 == COMl\HSSION MEMORANDU~I NO. -5.90....:9.9- TO: ~Iayor Neisen O. Kasdin and Members of the City C mission DATE: July 21,1999 FROM: Sergio Rodriguez City Manager SUBJECT: A RESOLU ON OF THE ~L\ YOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, INFO~"IING THE FLORIDA DEPARThIENT OF STATE, DMSION OF LffiRARY A1~1) INFORL"IATION SERVICES, THAT THE CITY OF IVUAI\H BEACH HAS UNCONDmONAL USE OF ALL THE LAND REQUIRED AND OF THE BUILDING 'WHICH 'WILL BE CONSTRUCTED FOR THE ML.\l\'II BEACH REGIONAL LffiRARY PROJECT. RECOMMENDATION: Adopt the Resolution. BACKGROUND: A Public Library Construction Grant Application was submitted to the Florida Department of State on April 21,1999 in the amount of $500,000 with assurance that the City ofiVliami Beach will provide dollar for dollar matching funds for the project. The Florida Department of, State, Division ofLibrarj and Information Services, is now requesting that the City provide information which shows that the City has unconditional use of the site and building in accordance with the definition stated in the Grant Application guidelines (Attachment No. 1 ). ANALYSIS: The City of iVliami Beach is in the process of obtaining all properties required for the construction of the lYliami Beach Regional Library. On June 8, 1999 Defendants, Rodriguez and Tropical Fruit Palace, accepted Petitioner's Offer of Judgment for Parcel No.2 for real estate in the amount of $840,000, plus $119,000 for fixtures. In June 1998, at the time of the Order of Taking, a deposit in the amount of $692,435 was made. The acceptance of the Offer of Judgment requires an additional deposit of $266,565, plus interest, legal fees and costs which is in process. AGENDA ITEM ~ J ~ DATE "1-2.1- An Order of Taking was completed for Parcels NO.3 and No.5 in April 1998 and extended possession was granted to the lessee. The existing building was vacated in August' 1998. The valuation Hearing is pending. The acquisition of Parcel NO.4 was completed in January 1998. The Judge has postponed the City ofl\lliami Beach hearing for Parcel 6, set for July 8, 1999, until the fees and costs are paid for the Miami Beach Redevelopment Agency case which was dismissed. It is anticipated that the Right to Take hearing will be rescheduled in late August or September. Although title to Parcel 6 is not at this time secure, the City has title to Parcels 4 & 5 which, with appropriate architectural reconfiguration, can accomodate the Library project. The City Attorney has stated that the status of ownership and control of Parcels 4 & 5 is sufficient to satisfy the requirements of the Unconditional Use definition stated in the Grant Application guidelines for construction of a Regional library on said Parcels. CONCLUSION: The Mayor and the City Commission of the City of l\Iliami Beach should adopt the resolution informing the Florida Department of State, Division of Library and Information Services, that the City of Miami Beach has unconditional use of all the land required, and of the building which will be constructed, for the Miami Beach Regional Library project. SR:W)s:~~~OL F:\WOR.J<\SALL\CHATR.AND\CULT~~nl.v."PD Attachments