HomeMy WebLinkAbout95-21749 RESO
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RESOLUTION NO.
95-21749
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING
A DEVELOPMENT AGREEMENT AS AMENDED WITH THE
MIAMI BEACH REDEVELOPMENT AGENCY AND
PORTOFINO ENTITIES AND AUTHORIZING ITS
EXECUTION.
WHEREAS, on March 22, 1995 and July 26, 1995, the Mayor and City Commission
approved in concept a transaction with the Miami Beach Redevelopment Agency and the Portofino
Entities and authorized the City Administration and the City Attorney's Office to negotiate a
Development Agreement for final Commission approval; and
WHEREAS, a Development Agreement including, among other exhibits, design guidelines
and an urban design master plan has been negotiated between the parties, and approved by the
Commission at public hearings on September 13, 1995 and September 27, 1995; and
WHEREAS, the City Administration, City Attorney's Office, and Negotiating Committee
recommend the approval of the Development Agreement attached hereto as Exhibit" A" as amended
by Commission Memorandum 744-95 (attached) and as amended by the negotiating team, in accord
with Ordinance No, 92-2783, City Code Section 9D-l and Chapter 163.3220, et seq., Florida
Statutes.
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 hereby approve the Development Agreement in the form attached hereto as Exhibit "A"
as amended and the Mayor and City Clerk are hereby authorized to execute same on behalf of the
City, subject to the City Administration and City Attorney's Office review and approval.
PASSED and ADOPTED this 5th day of
,1995.
ATTEST:
kJ,~
. TY CLERK
(a:jcd69S\pcmbIOS.res)
ORM APPROVED
Legal Dept.
By ~~
Date I D. f- C; \"
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CITY OF
MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUMNO.~
TO:
Mayor Seymour Gelber and
Memben of the City Commission
DATE: October 5. 1995
FROM:
Jose Garda-Pedrosa
City Manager
Murray H. Dubbin
City Attorney
SUBJECT: CONTINUATIO F PUBLIC REARING ON
PORTOFINO NEGOTIATIONS
RECOMMENDATION
The Administration and
Development Agreement
Guidelines be approved
following memorandum.
City Attorney recommend that the Portofino
which incorporates the Urban Design
as amended by the changes described in the
BACKGROUND
Redevelopment Agency Memorandum 95-59 dated September 27, 1995, a
copy of which is incorporated as Attachment #1, describes actions
taken up until that date. At the September 27, 1995 meeting, the
City Commission raised concerns regarding design guidelines
regulating tower and bulk and the need for a retail development
cap. As a result of these concerns, members of the Negotiating
Committee and the City Administration met with a Citizens'
Committee on Urban Design Guidelines on Thursday, September 28,
1995 and Sunday, October 1, 1995. Persons participating included
Harry Mavrogenes, Dean Grandin, Gladys Margarita Diaz, Ed Resnick
and Marla Dumas representing City Administration and/or the
Negotiating Committee, and Mark Needle, Charles Schaab, Herman
Rubin and Erika Brigham representing the Citizens' Committee on
Urban Design Guidelines.
The discussions and position of the Citizens' Committee are
summarized in the attached. memorandum identified as Attachment #2.
The above referenced meetings
Negotiating Committee meeting on
in attendance at the morning
served as basis for a two-part
Monday, October 2, 1995. Persons..
session included the following: f\
AGENDAITEM_R. -?l-
10- ~-C\S
DATE
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Sergio Rodriguez, Elizabeth Plater-Zyberk, Gladys Margarita Diaz,
Edward Resnick, Joseph Fleming, Dean Grandin, Marla Dumas and
Sandra Schneider. Commissioner Neisen Kasdin was in attendance for
the earlier part of this meeting and Commissioner Nancy Liebman was
there for the later part.
Persons in attendance for the afternoon session included those
referenced above and the following persons representing Portofino:
Heinrich Hanau, Matt Gorson, Joel Goldman, Dick Galehouse, Charles
Sieger and Cathy Colonnese.
The following statements summarize the amendments to the urban
Design Guidelines that were agreed upon by the parties present,
other than the Commissioners who were in attendance only as
observers to the sessions.
Two distinct building types were identified: towers and mid-rises.
Tower Guidelines:
. Pedestal of no more than 50 feet in height
. Above the pedestal the setback of the structure is
at a 45 degree angle up to a height of 100 feet -
maximum floor plate 45,000 square feet
. Floor plates above 100 feet are limited to an average
floor area of 17,000 square feet but cannot exceed 20%
above the average floor plate or a floor area of 20,000
square feet, whichever is less
Mid-rise Guidelines:
. Pedestal of no more than 50 feet in height
. Above the pedestal the setback of the structure
is at a 45 degree angle up to a maximum height of
12 stories or 132 feet.
The following exceptions were identified:
. Goodman Terrace - on the north fifty feet of the site
the height shall be limited to 50 feet for the pedestal
with a 45 degree angle setback up to a maximum of 75
feet. The remainder of the Goodman Terrace site is
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subject to the tower or mid-rise guidelines as described
herein.
. Towers or portions of towers with a 100 feet width or
less fronting on streets, baywalk or plazas may setback
25 feet.
. No setback requirement adjacent to the Federal Triangle
parcel.
In regard to the proposal for the northern portion of SSDI South,
the Urban Design Guidelines as amended by this memorandum must be
followed. The current design has the tower setback at 25 feet; the
revised setback to at least 50 feet may result in a reduction of 25
to 35 parking spaces in the alloted 150 spaces for the
Marina/public use. The Administration and Legal Department have
developed a tentative agreement with Portofino and the Marina
operators to resolve this issue. The City will reduce the payment
to Portofino by $10,000 for each parking space not being provided
on the site. The Marina operator will be compensated by this same
amount of money per parking space, if the City cannot locate
alternate sites to meet the parking shortfall.
Concerning a cap on retail development, the City Administration
recommends it be established at 20%.
ANALYSIS
A series of memoranda and reports that have been prepared are
attached to this memorandum and described below:
1) Letter To Commission No. 119-95 dated October 3, 1995, a copy
of which is enclosed as Attachment #3, is. an analysis of the
Proposed Urban Design Guidelines - Version 3, dated October 2,
1995.
2) Attachment #4 is an analysis of the Urban Design Master Plan
and Urban Design Guidelines prepared by Dean J. Grandin, Director
of Planning and Zoning Division, dated October 2, 1995. This
memorandum summarizes the significant planning features and public
amenities and design guidelines that will be provided by the
Portofino Development Agreement.
3) In addition to this summary, an analysis of floor area and
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setbacks was prepared by Dean Grandin and a copy of this report is
enclosed as Attachment #5.
4) Also, Attachment #6 is a memo from Dean Grandin describing the
Development Review Process for Portofino Development Projects.
CONCLUSION
The Administration and City Attorney recommend that the Development
Agreement, including the Urban Design Guidelines as amended by this
Memorandum, be approved by the City Commission and that the Mayor
and City Clerk be authorized to execute said documents.
JGP:MSD:jm
Enclosures
6737559 P.e02/00i
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AttlIched please fwd a ~l\ltion passed UIllU1iJnously at Oil!' De81gn Review ~ Di~ of
JanUllIy 9. 1996, This resolptlon tlxpteSSCs our collc@vel;011cer.n as Board membersjofth~lneg8live
impact the PQrtoiillo DeV~lopment Agreement and its Design Guidelines will haye o~ Itho built
charllcter of the South PoiIite area and Miami Beach llU whole. ] f i
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'.>\'!N-1I3:"1996 15: 01 FROM
PLi=WING S. za.lING
STREI"M..I NE PRoPERTi E'S
Fax:~(.)(:>;)~
TO:
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Mayor Seymour Gelber and
Members oflhe City Commission
FROM:
,
SallI Gross;'ClWrperson
Design Review Board
SKG-
DATE:
IlltJuary 1611996
RE;
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Portofino Development Agreement
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Jose Garcia-Pedrosa, City Manager
Seriio Rodri~ez, Deputy City Manager
Harry Mavro&enes~Asslstant City Manager
Muuay Dubbin, City Attorney
J OM Dellasloria. Deputy City Attorney
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Robert Patther. City Cletk .
Dean J, Grandin, Pf;uullng & Zoning Dircctor
MlUla Dumas, Red&ivelopmellt Coordinator
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:' .:f'IN-l'9-1996 14: is FROM
PLANNI~ S. 20NlNE
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STREAMLINE PROPERTIES
F"ax:3056737:;"~
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TO
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A RESpLUTION OF THE DESXGN REVIEW BOARD
, P,002/002'
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The City Commission is hereby advised that the motion for lI~ro,?l of the YllCh~ Cl~l(lf South
Bellch, on the ssm prop~, was baud upon mandate$ proVIded In the Portofin+ De~blopment
Agxeement. The Design Review Bolll:d has concluded that a master plw doe$ not etast r# this site
or other sites covered by thl! Development Agreement; what \!Xists, instead, is II sitqn.an~ pse pIAn.
We believe that if said si~and use plan 1$ to be considered $oS l\ master plan, the City could
ultlmlltely have a continuous 50 ft. high pedesta1 wall with 20 ft. wide gap$. exclusi~ of~e plnw,
with towers sitting atop, ~s would cJlCircle South PQinte along the entire west~ sid6iof Alton
Road and the so\ltbern side!ofBlscayne Street. We do not believe thAt this is in theFst \~terest of
the City of MiOlDI Beach epd a t1:Ue master plan is needed to govern development With~Fhe areas
subject to the Developmen~Agrec:ment. ~ i;
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PASSED AND ADOPTED tlnRViJ110usly 6-0, this 9th day of January, 1996. :1
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ATTEST:
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SAUL GROSS. CHAlRPERSO
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Company
Fax Number
Phone Number
FROM
Phone Number
File Number
Comments
Date
Time
No. Pages
12: 14
6TH RERl ESTRTE 7 305 673 '70~2
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ATT01lNZY9 AT \.o""W
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Transmittal Cover Sbeet
Murray Dubbin
City of Miami Beach
673-7002
673-7470
Matthew B. Gorson
(305) 579-0777
15039.033700
July 10. 1997
11:46 AM
Including this cover sheet /5"
U/'v-t
Please notifY us immediately if not received properly at 305-579-0500.
Nb.259
(;1001
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~~MI H/h-..
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Tn, Informallan eonlulned In \!lis transmission Is aIIcmey privileged and conftdontiel. ft Is intended only for the use of the
Indl'iidual or entity nemod ebove. If the _or of tnl. m.....s. 10 not the Inblnded reclplent, you are heroby noUII8d tho! any
dissemination. dJalr1bution or copy of this communication Is strictly prohlb~e<l. If you _ re.,lvlld this cornmunicaflon in
error, please notify Lnllmmedlately by telephone collect and relum the original message to us at the addres& below villi tM
U.S. POGtaI So",lco. We will reimburse you for your pootege. Thank you.
1221 BrlckoU Avenue, Miond, FlorIda 33131 3G&179~&GG Fax 3G&-579.o717
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6TH REAL ESTATE ~ 306 673 70~2
NO.2:;:;' [;l02
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ESCROW AGRJ:F.MENT
(S8DI NORm PARCEL)
THIS AGREEMENT (the" Agreement") is entered into by and between The Miami
Beach Redevelopment Agency, a Florida public agency organized and existing pursuant to the
Community Redevelopment Act of 1969, Chapter 163, Part III, Florida Statutes, as amended (the
"Transferor''), West Side Partners, Ltd.; a Florida limited partnership (the "Transferee"), and
Chicago Title Insuram;e Company (the "Escrow Agent").
~1I1[ES.S.EIH:
WHEREAS, Transferor, Transferee and others have entered into that certain Agreement
dated November 7,1995 and recorded in Official Records Book 16987, Page 1197 of the Public
Records of Dade County. Florida (the "Development Agreement'');
WHEREAS, pursuant to the terms and provisiollS of Paragraph 5.3(t)(i) of the
Development Agreement, the Transferor is required to execute and deliver to the Escrow Agent a
Special Warranty Deed (the "Special Warranty Deed'') in the form attached hereto as Exhihit A
and made a part hereof for the property more particularly described in F;dtibit B attached hereto
and made a part hereof (the "ssm North Parcel"); and
WHEREAS, the parties hereto wish to set forth the terms and conditiollS under which the
Escrow Agent will hold and disburse the Special Wananty Deed.
NOW, TIIEREFORE, in consideration of the sum ofTen Dollars ($10.00) paid pursuant
to the Development Agreement and other good and valuable consideration, the receipt and
sufficiency ofwbich are hereby acknowledged, the parties hereto agree as follows:
1. The parties hereto agree that the foregoing recitals are 1n1e and correct, and are
hereby incoIporated as if fully set forth herein. All capitalized tenns used herein and not
otherwise defined shall have the meanings ascribed to such terms in the Development
Agreement.
2. The Transferor and the Transferee hereby appoint and designate the Escrow Agent
as the escrow agent for the puxposes set forth herein, and the Escrow Agent hereby accepts such
appointment. The Escrow Agent agrees to hold the Special Wananty Deed in escrow pursuant to
the terms of this Agreement. Transferor and Transferee hereby instrUct the Escrow Agent, upon
receipt of a revised Exhibit B acceptable to the Transferor and Transferee to substitute said
exhibit for the Exhibit Q. attached to the Special Warranty Deed.
3. Transferor and Transferee hereby instruct the Escrow Agent to release the Special
Warranty Deed from escrow and record the Special Warranty Deed among the PubUc Records of
Dade County. Florida upon receipt of written notiee from the Transferee (with a copy to the
Transferor) advising the Escrow Agent that (1) the required Final Approvals have not been timely
obtained and all other matters condition precedent to the delivery of the Special Warranty Deed.
including, without limitation, the conditions precedent set forth below, have been satisfied, (ii)
the Transferee bas executed and upon recordation of the Special Warranty Deed will deliver to
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6TH REAL ESTATE ~ 305 ~73 R002
NO. 255. D0]
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the City of Miami Beach, a Florida municipal corporation (the "City of Miami Beach") a
satisfaction oCthe Judgments and Mortgage, (ill) the Transferee has executed and upon
recordation of the Special Warranty Deed will deliver to the City of Miami Beacl1 the appropriate
access and baywalk easements required pursuant to the development agreement dated as of April
17,1986 and recorded in Official Records Book 12873, Page 2612 of the Public Records of Dade
County, Florida, and (iv) Transferee bas executed and will deliver to the City of Miami Beach
and Transferor upon recordation of the Special Warranty Deed a lease for the SSDI North Parcel,
as required pursuant to Paragraph 5.3(f) of the Development Agreement, provided that the
Escrow Agent has not received written notice of Transferor's objection to the recording of the
Special Warranty Deed within three (3) business days s.fter receipt toTransferee's notice
("Transferor's Objection Period''). If Transferor obj~ts within Transferor's Objection Period,
Eserow Agent shall promptly provide a copy of such objection to the Transferee and continue
holding the Special Warranty Deed in accordance with Paragraph 8 of this Agreement. If
Transferor does not object within Transferor's Objection Period, Transferor shall promptly
deliver to the Escrow Agent the monies required to record the Special Warranty Deed, including
the appropriate documentary stamp taxes and Dade County surtax.
4. The Escrow Agent undertakes to perform only such duties as are expressly set
forth herein and no implied duties or obligations shall be read into this Agreement against the
Escrow Agent.
5. The Escrow Agent may act in reliance upon any writing or instrument or signature
which it believes to be genuine, may assume the validity and accuracy of any statements or
assertions contained in such writing or instrument, and may assume that any person purporting to
give any writing, notice, advice or instruction in connection with the provisions hereof has been
duly authorized to do so. The Escrow Agent shall not be liable in any manner for the sufficiency
or correctness as to form, manner of execution or validity of any written instructions delivered to
it, nor as to the identity, authority or rights of any person executing the same. The duties of the
Escrow Agent hereunder shall be limited to the safekeeping of the Special Warranty Deed and
recordation oflhe Special Warranty Deed. Upon the Escrow Agent recording the Special
Wananty Deed in accordance with the provisions hereof, the escrow shall terminate, and Escrow
Agent shall thereafter be released and relieved of all liability hereunder.
6. The Eserow Agent shall not be liable for any mistakes offact or errors of
judgment, or for any acts or omissions of any kind, or for any mistake of fact or law, unless
caused by its negligence or willful misconduct
7. The Transferor and the Transferee hereby agree, jointly and severally, to
indemnify and hold the Escrow Agent harmless from any and all claims, demands, causes of
action, liabilities, damages and judgments, including the cost of defending any action against it,
together with any reasonable attorneys' fees incurred therewith, or any other expenses. fees, or
charges of any character or nature, in connection with Escrow Agent's undertaking pursuant to
the terms and conditions of this Agreement, unless resulting from the negligence or willful
misconduct of the Escrow Agent.
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8. In the event of any disagreement regarding the interpretation of this Agreement,
or the rights and obligations of the Transferor or the Transferee, or the propriety of any action
contemplated to be taken by the Escrow Agent hereunder, the Escrow Agent may, in its sole
discretion, continue to hold the Special Warranty Deed until such time as the Transferee and the
Transferor mutually agree upon the disbursement thereof, or file an action in interpleader to
resolve such disagreement. The Escrow.Agent sl1all be indemnified for all costs, including
reasonable attorneys' fees from the party found at fault by the court, in connection with the
aforementioned intetpleader action, and shall be fully protected in suspending all or a part of its
activities under this Agreement until a final judgment in the interpleader action i~ received.
9. If at any time during any period the Special Wananty Deed is held hereunder, the
Escrow Agent shall desire to resign, such resignation shall be permitted only if a successor
escrow agent assumes all obligations of the Escrow Agent hereunder, which successor escrow
agent shall be a national title insurance company having trust powers in the State of Florida, or
other entity acceptable to both Transferor and Transferee. Notwithstanding the foregoing, if a
successor escrow agent is not appointed within a thirty (30) day period after said resignation, the
Escrow Agent may deposit the Special Warranty Deed in a coun of competent jurisdiction.
10. All notices and conununications hereunder between the Transferor or the
Transferee and the Escrow Agent shall be to such party at the address of such party set forth
below and mailed registered or certified mail, return receipt requested, with sufficient postage
paid, or overnight delivery service, or by personal delivery, and shall be deemed given on the
earliest to occur of (i) receipt thereof (ii) the third day after deposit in the United States Postal
Service with sufficient postage affixed or such other delivery services, or (Hi) the day following
the delivery to such overnight delivery service. The addresses of the parties are as follows:
FOR THE TRANSFEROR: 1700 Convention Center Drive
Miami Beach, FL 33139
Attn: City Manager
with a copy to: 1700 Convention Center Drive
MiamiBeach,FL 33139
Attn: City Attorney
FOR THE TRANSFEREE: 446 Collins Avenue
Miami Beach, FL 33139
Attn: Heinrich Hanau
with copies to: Greenberg, Traurig, Hoffinan,
& Lipoff, Rosen & Quentel, PA
1221 Brickell Avenue
Miami, FL 33131
Attn: Matthew B. Gorson, Esq.
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GTH REAL ESTATE ~ 306 673 ~002
NO. 255. 005
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FOR THE ESCROW
AGENT: r.h......ag~ "....,.la T"'e1n""aftl'ldo "'''''''pany
500 w. Cvor~8S Creek Road. Suice 100
Fort Lauderdale, FL 33309
ATTN: Jim Harvey
11. The rights j:reated by this Agreement shall inure to the benefit of. and the
obligations created hereby shall be binding upon, the successors and assigns of each of the parties
hereto.
12. Except for the terms and provisions of the Development Agreement, thi~
Agreement constitutes the entire agreement between the parties with respect to the subject matter
hereof and supersedes all prior agreements, understandings and llITangements, both oral and
written, between the parties with respect thereto. nus Agreement may not be amended, altered or
modified eltcept by an instrument in writing signed by the party against whom enforcement is
sought. Any disputes relating to this Agreement shall be resolved in accordance with the
provisions of Section 9.7 of the Development Agreement.
13. This Agreement may be executed in any nwnber of counterparts, each of which
shall be deemed an original but all of which together shall constitute one and the same instrument.
14. This Agreement shall be governed by, and constrUed and enforced in accordance
with the laws of the State of Florida. All of the parties to this Agreement have participated fully in
the negotiation and preparation hereof, and, accordingly, this Agreement sha;ll not be more strictly
construed against anyone of the parties hereto. In construing this Agreement, the singular shall be
held to include the plural, the plural shall be held to include the singular and the use of any gender
shall be held to include every other gender.
IS. In the event any term or provision of this Agreement shall be 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 in full force and effect.
16. In the event of any litigation between the parties under this Agreement, the
prevailing party shall be entitled to reasonable attorney's fees and court .costs at all trial and
appellate levels.
IN WI1NESS WHEREOF, the parties have executed this Agreement this..I.!L- day of
January, 1996.
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el/1~9G 12:12 ~t~Nd~~~ IKH~~I~
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IN WI1"NESS WHEREOF I the parties have executed this Agreement this -12.. day of
Janulll'Y, 1996.
Signed. seal~ llIld dellv~ed
in the presence of:
. t'~
Name. . 'E J...!e A v ..s
J;J~~,.:k,
NlUUe: 001l.D 'f "'L:tl A-~"'!:
Nlll1lCl:
Name:
MlA9Slatt7l0l.\
TRANSFEROR:
nre MIAMI BEACH REDEVELOPMENT
AGENCY, a public atlcncy organized and elCistins
pursu tho Community Redevelopment Act of
1969 endo4, Chap 3, Part III, Florida
Sla es
Attest: 0
Sec~UQyRobert Parcher
TRANSFBREE;
WEST SIDB r A~1NERS, L TO., a Florida limited
partnership
By; WEST SIDE PMTNBRS, INC., a Florida
corp~~encral Partn~
B)':~~ -
Name: ~AelL.lt' ftA1...'lk1A
Title: VICE. ft'r-:~Il?~r
[Corporate Seal}
ESCROW AGENT:
CHICAGO TITLE INSURANCE COMPANY
~fffi.~~ ~
Title: Ar;:;~ T: eRr. CA oj rJ.s~ '-
NO. 255'
"'1:1<
D06
Agency
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GTH REAL ESTATE ~ 305 '73 R0~2
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EXHIBIT A
Speeial W8lTlln\y Deed (Form)
ssm North Parcel
NO. 255. Gl07
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6TH REAL ESTATE ~ 305 S73 ~002
NO. 255' GlElS
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This instrument prepared by:
Murny H. Dubbin, Esq.
City Allorlley
City or Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Pareelldenlilicatlon No.
SPECIAL W ARRANTV DEED
(SSm North Parcel)
This SPECIAL WARRANTY DEED, made thi, _ day of .199_ by and
bel'M!en The Miami Beach Redevelopment Agency, a Florida public agency organized and existing
pursuant to the Community Redevelopment Act of 1969, Chapter 163, Part III. Florida Statutes, as
amended (the "Grantor"), and West Side Partners, Ltd., a Florida limited partnership (the
"Grantee"), the Grantee having a mailing address at 446 Collins A venue, Miami Beach, Florida
33139, whose taxpayer identification number is
WITNESSETH:
That the Grantor, for and in consideration of the sum ofTEN DOLLARS ($10.00) and other
good and valuable consideration, in hand paid by the Grantee, the receipt, sufficiency and adequacy
whereof are hereby acknowledged, has granted, bargained and sold and hereby grants, bargains and
sells to the Grantee, its successors and assigns forever, that certain parcel of land which is located in
the COWlty of Dade, State of Florida, and more particularly described on Exhibit}. attached hereto
and made a part hereof (the "Real Property~), together with all the buildings, structures,
improvements, fixtures, machinery and equipment situated therein or thereon and together with all
and singular the easements, tenements, hereditaments, appurtenances and other rights and privileges
thereunto belonging or otherwise now or hereafter appertaining thereto, including all strips and
gores ofland lying adjacent to the Real Property and owned by the Grantor; provided, however,
Grantor hereby reserves in perpetuity any existing public rights-of-way and any and all riparian
rights regarding the Real Property.
SUBJECT TO THE FOLLOWING:
I. Taxes for the year 199_ and all subsequent years, which are not yet due and payable.
2. Those certain matters set forth on Exhihit B attached hereto and made a part hereof.
3. Applicable zoning ordinances and regulations affecting the Real Property.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of
the Real Property in fee simple; that the Grantor has good right and lawfill authority to sell and
convey the Real Property; that the Grantor hereby fully warrants the title to the Real Property, and
will defend the same against the lawful claims of all persons claiming by, through or under the
Grantor aJ:Id none other.
.
07/10{97
, .'
12:14
GTH REAL ESTATE 7 305 ~73.7002
NO. 255. 1><\9
,
IN WITIlESS WHEREOF, the Grantor has executed this Special WlIm1Dty Deed on the date
and year first above written.
GRANTOR:
Signed, sealed and delivered
in the presence of:
THE MIAMI BEACH REDEVELOPMENT
AGENCY, a Florida public agency organized and
existing pursuant to the Community Redevelopment
Act of 1969, Chapter 163, Part 111, Florida Slatutes, as
amended
Name:
By:
Name:
Title:
Name:
Attest:
Secretary:
Grantor's Address: 1700 Convention Center Dr.
Miami Beach, Florida 33139
Attention: City Manager
STATE OF FLORIDA)
COUNTY OF DADE )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
. the of The Miami Beach Redevelopment Agency, II
Florida public agency organized and existing pursuant to the Community Redevelopment Act of
1969, Chapter 163, Part D!, Florida Statutes, as amended, who executed the foregoing instrument on
behalf of said agency and who acknowledged to and before me that he did so voluntarily and for the
purposes set fonh herein, and who is personally known to me or produced .
lIS identification.
of
WITNESS my hand and official seal in the County and Stale IllSt aforesaid this
,199_.
day
Notary Public, Stale of Florida
Name:
Commission No.
(Seal)
My commission expires:
MlA9Sl0l18411-1
2
0?/10~~? 12:14
- .
GTH RERL ESTRTE ~ 305 ~?3'?~e2
~
EXHIlJlT A
ssm NOBIH ~ARCEL
LEGAT. DRSCRIPTJON
Lots 30 through 42 inclusive, in Bloclc Ill, of OCEAN BEACH
FLORIDA ADDITION NO.3, according to the Plat thereof, recorded
in Plat Book 2, Page 81, ofthe Public Records of Dade County,
Florida, together with the accretions thereto.
AND
Lots 43, 44, 45, 46, 47, 48A. 49B, and SOC ofDADE COUNTY
PROPERTY, according to the Amended Plat of LotS 43 to SO
inclusive, in Blotk 111, of OCEAN BEACH FLORlDA ADDITION
NO.3, as recorded in Plat Book 14, Page 70, of the Public Records of
Dade County, Florida, together with the accretions thereto.
NO. 255' (;11'0
07/10/097 12:14
, ,. ~.
6TH REAL ESTATE ~ 305 @?3 ~002
. -. NO.25S' [;Ill
"
EXHIBIT B
PERMITTED F.XCEPTlONS
The Grantor and Grantee agree that the matters to be set forth in this exhibit will be
agreed to by the parties upon receipt from Chicago Title Insurance Company of a title
commitment for the Real Property; provided, howevr-r, the matters set forth in this exhibit
will confonn to the title standards set forth in Section 5.3(t)(i) of the Development
Agreement.
MIA9S10118418.1
07/10,97 12:14
" ..
GTH RERL ESTRTE ~ 305 ~3.7002
, NO.25S
Gl12
...",
nis instrvmenl prepared by:
Murray II. Dubbin, Esq.
City Attorney
City of Miami Beach
1700 Coaveatloll Ceater Drive
Miami Beacb. FL 33139
Pareelldealineation No.
SPECIAl. WARRANTYDEF.D
(SSDl North Parcel)
This SPECIAL WARRANTY DEED, made this _ day of , 199-0 by and
between The Miami Beach Redevelopment Agency, a Florida public agency organized and existing
pursuant to the Community Redevelopment Act of 1969, Chapter 163, Pan III, Florida Statutes, as
amended (the "Grantor"), and West Side Partners, Ltd., a Florida limited partnership (the
"Grantee"), the Grantee Itaving a mailing address at 446 Collins Avenue, Miami Beach, Florida
33139, wltose taxpayer identification number is
WITNESSETH:
That the Grantor, for and in consideration of the sum ofTEN DOLLARS (510.00) and other
good and valuable consideration, in hand paid by the Grantee, the receipt, sufficiency and adequacy
whereof are hereby acknowledged; has granted, bargained and sold and hereby grants. bargains and
selIs to the Grantee, its successors and assigns forever, that cenain parcel of land which is located in
the County of Dade, State of Florida, and more particularly described on Exhibit A attached hereto
and made a part hereof (the "Real Property"), together ....ith allthe buildings, Stnlcrures,
improvements. fixtures, machinery and equipment situated therein or thereon and together with all
and singular the easements. tenements, hereditaments, appurtenances and other rights and privileges
thereunto belonging or otherwise now or hereafter appertaining thereto, including all strips and
gores of land lying adjacent to the Real Property and owned by the Grantor; provided. however,
Grantor hereby reserves in perpetuity any existing public rights-of-way and any and all riparian
rights regarding the Real Property.
SUBJECT TO THE FOLLOWING:
1. Taxes for the year 199_ and all subsequent years, which are not yet due and payable.
2. Those certain matters set fonh on Exhibit B attached hereto and made a part hereof.
3. Applicable zoning ordinances and regulations affecting the Real Property.
TO HAVE AND TO HOLD the same in fee simple forever,
AND the Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of
the Real Property in fee simple; that the Grantor has good right and lawful authority to sell and
convey the Real Property; that the Grantor hereby fully warrants the title to the Real Property. and
will defend the same against the lawful claims of all persons claiming by, through or under the
Gl'3lltor and none other.
07/10/97 12:14
- .t....
5TH REAL ESTATE ~ 3~S ~73-7002
. -. NO. 255' [;In
o
IN WllNESS WHEREOF. the Grantor has executed this Special Wamnty Deed on the date
and year first above written.
GRANTOR:
Signed. seilled and delivered
in the presence of:
THE MIAMI BEACH REDEVELOPMENT
AGENCY, a Florida public agency organized and
existing pursuant to the Community Redevelopment
Act of 969, Chapter [ Part III, Florida Statutes, as
amen ed
nt Agency
~d~t1 ~~
Name: ---.J~ ~~ 1
4:n~:~~)~,(!:.fJJ:!td;
Attest: ~c, bd V~Ad./..L;\
Secretary: Robert Parcher
Grantor's Address: 1700 Convention Center Dr.
Miami Beach, Florida 33139
Attention: City Manager
STATE OF FLORIDA)
COUNTY OF DADE )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared Spymour
Gelber, the Chainnan of The Miami Beach Redevelopment Agency, a
Florida public agency organized and existing pursuant to the Community Redevelopment Act of
1969, Chapter 163, Part III. Florida Statutes, as amended, who executed the foregoing instIUmenton
behalf of said agency and who acknowledged to and before me that he did so voluntarily and for the
p\lIiloses set forth herein, and who is personally known to me or produced
as identification.
~w;;:;:s my hand and officiill seal in the County and State last aforesaid this.Jq_+i!. day
o , 199.k..... .
~~
tllI)' Public, State of Florida
Name: Janine Mi1;nsk1
Commission No.
(Seal)
My commission expires:
MIA9SI0I18418.1
y
F JANlNE Ml1JNSta
NarARoY l'\.IBUC STAn OF n.DlIDA
COMMISSION NO. CC449380
. \IYCO"Ml5SlorHXP_MA~_79.1~,
..
2
07/10{97 12: 14
. "- ....
6TH RERL ESTRTE ~ 3~S~73.7002
",
'-,
EXmBIT A
ssm NORTH PARCEL
I.EGAL I)F.SCRlPTION
Lots 30 through 42 inclusive, in Block Ill, of OCEAN BEACH
FLORIDA ADDITION NO.3, according to the Pial thereof, recorded
in Plat Book 2, Page 81. ofthc Public Records of Dade County,
Florida, together with the accretions thereto,
AND
Lots 43, 44, 45, 46, 47, 48A, 49B, and 50C ofDADE COUNTY
PROPERTY, according to the Amended Plat of Lots 43 to 50
inclusive, in Block 111, of OCEAN BEACH FLORIDA ADDITION
NO.3, as recorded in Plat Book 14. Page 70, ofthe Public Records of
Dade County, Florida, together with the accretions thereto.
- < 1'10. 25~ Gl14
07/10/97 12: 14
.. "" - ~
GTH REAL ESTATE.. 3(;l5 -!;73. 7002
- . 1'40.2550 ,~S
....~.
'.....
l
EXHlBIT B
PERMITTED EXCEPTIONS
The Grantor and Grantee agree that the matters to be set forth in this exhibit will be
agreed to by the parties upon receipt from Chicago Title Insurance Company of a title
commitment for the Real Property; provided, however, the matters set forth in this exhibit
will confonn to the title standards set forth in Section S.3(f)(i) of the Development
Agreement.
MIA9510/18418-1