86-18712 RESO
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RESOLUTION NO. 86-18712
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING THE ACQUISmON AGREEMENT BETWEEN THE CITY
OF MIAMI BEACH AND THE DADE COUNTY SCHOOL BOARD FOR THE
APPROVED EXPANSION AND RE-OPENING OF THE SOUTH BEACH
ELEMENTARY SCHOOL.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
WHEREAS, the City Commission approved the expansion and re-opening of the
South Beach Elementary School; and
WHEREAS, on September 3rd, 1986 the City of Miami Beach appropriated
$2,300,000 in available funds from the reallocation of Bond Funds to the South Beach
Elementary School Land Acquisition Project; and
WHEREAS, on September 3rcL, 1986 the City awarded the professional appraisal
assignment to complete appraisals on the properties required for the expansion and the re-
opening of the South Beach Elementary School; and
WHEREAS, the Acquisition Agreement will be presented to the Dade County
School Board at the December 17th, 1986 meeting.
NOW, THEREFORE, be it resolved by the City Commission the the Acquisition
Agreement be approved for the expansion and re-opening of the South Beach Elementary
School.
PASSED AND ADOPTED this
'17th _day of
December
1986.
ATTEST:
-fL,~~' ~ ~
CITY CLERK
hlr{M APPROVED
LEGAL DEPl.
RWP!SLR:dd
Date '~'I.~ "
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ACQUISITION AGREEMENT
THIS AGREEMENT made and entered into the 2nd day of
February , 19.E, by and between the CITY OF MIAMI BEACH, a
municipality within the State of Florida, hereinafter referred to
as the .City" and the SCHOOL BOARD OF DADE COUNTY, FLORIDA
hereinafter referred to as the "Board".
WITNESSETH:
WHEREAS, in accordance with the provisions of this Agreement
the School Board has requested the City of Miami Beach to assist
in the assemblage of land to qualify the South Beach Elementary
SchoOl, hereinafter referred to as the "School", as an eligible
elementary school site.
WHEREAS, on the fifth day of February 1986, the Miami Beach
City Commission adopted Resolution No. 86-18369, authorizing the
City Manager to initiate procedures for use of bond funds to
purchase the property surrounding the South Beach Elementary
School, and authorizing the City Attorney and City Manager to
proceed with negotiations and methods necessary to accomplish the
purchase; and
WHEREAS, THE City of Miami Beach Commission by the adoption of
Resolution No. 86-18712 at their meeting on Dee, 17. 1986,
approved this Agreement; and
WHEREAS, the School Board of Dade County at their meeting on
December 17, 1986 approved this agreement;
NOW, THEREFORE, for and in consideration of the constitutions and
covenants hereinafter contained, and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
ARTICLE 1
ACQUISITION PARCEL
1.1 The City hereby agrees to acquire the one half of Block
100 to the east of the School and the portion of Block 101
1
contiguous to the South side of Third Street hereinafter referred
to as "Parcel A", and, if there are sufficient funds, the block
south of the School, Block 101, hereinafter referred to as "Parcel
B", all as more particularly shown in Exhibit "A" and legally
described on Exhibit "B", and attached hereto and made a part
hereof. The City agrees to make Parcels A and B available
through the terms of the long term joint use lease agreement for
the elementary school. The City has identified bond funds to be
utilized to purchase the above described parcels.
1.2 The City shall be responsible for the completion of and
cost of appraisals for all of the properties described in Exhibit
"B". Upon receipt of these appraisals the City will proceed with
the necessary negotiations and methods to accomplish the purchase.
1.3 The City intends to simultaneously acquire Parcel A and
Parcel B. However, simultaneous acquisition is contingent upon
acquisition price. In the event the appraisals exceed the
estimated acquisition price, the City will phase the acquisition.
1.4 Phased acquisition will be completed in order of
priority. Parcel A shall be acquired first. Upon the complete
acquisition of Parcel A, the City will proceed with the
acquisition of Parcel B if funds are available.
1.5 Subject to Department of Education approval, the
acquisition of Parcel A will provide for a school site with the
capacity for 515 students, and such acquisition shall be completed
on or before 42 months from the date hereof. Should the
acquisition not be completed within 42 months, the City shall be
entitled to request from Board an extension of time not to exceed
12 months for completion of the acquisition.
1.6 The Board shall re-open the School whether or not Parcel
B is acquired subject to approval of site waiver by Department of
Education.
1.7 The Board will obtain the necessary approvals of the
appropriate governmental agencies, including State, County and
City for construction of school premises.
2
ARTICLE 2
SITE PREPARATION AND DEVELOPMENT
2.1 The City shall be responsible for the demolition of the
demised structures, as described in Exhibit "B". Demolition shall
occur within 90 days after "closing" on each individual property,
but in no event shall the acquisition and demolition as
contemplated herein extend beyond 120 days from the date hereof.
2.2 Upon completion of acquisition, the Board shall be
responsible for the site preparation and the development of this
property as required to re-open the school, including but not
limited to the installation of playground equipment, parking and
educational facilities as otherwise set forth herein and in the
long term lease agreement.
2.3 The City shall close the public alleyway between the
existing school site and Lots 1-8 of Block 100 to vehicular
traffic, it being the intent of the city to retain the alleyway
for utilities and utility rights. (see Exhibit "C")
2.4 The City shall close 3rd Street to vehicular traffic
between Alton Road and Michigan Avenue, to create a unified
contiguous site, with the City retaining any existing utilities
and utility rights.
2.5 The closed street and alleyway shall be considered part
of the property for the purposes of this agreement and any long
term joint use lease agreement so long as the site is operating as
an elementary school.
2.6 The Board shall make the plans for the School available
to the appropriate City agencies for review and comment.
3
ARTICLE 3
COMPENSATION
3.1 The Board shall reimburse the City for all those
expenditures directly related to the appraisals, acquisition,
relocation, and demolition of the demised premises in the event
the Board does not re-open the School wi thin _ i years of
tAj lMyk 4~J,eo-
complete acquisition of Parcel ~, and upon such reimbursement
the
the
the City shall transfer free, clear, and unencumbered title of the
premises to the Board.
3.2 The Board shall have the right to terminate this
agreement and the City shall reimburse the Board for those
expenses related to the architectural planning in the event the
City does not complete the acquisition of Parcel A within 42
months from the date hereof except if such time is extended by
Board.
ARTICLE 4
WRITTEN AGREEMENT
4.1 This Agreement contains the entire agreement between the
parties hereto and all previous negotiations leading thereto, and
it may be modified only by an agreement in writing signed and
sealed by the City and Board.
4
E G- /,..
IN WITNESS WHEREOF, the City and Board have caused this
Agreement to be executed by their respective and duly authorized
officer the day and year above written.
ATTEST:
THE SCHOOL BOARD OF DADE COUNTY,
FLORIDA
, ~ /~t/
Secretary
Chairman
Seal
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City Clerk
FORM APPROVED
FORN APPROVED
LEGAL DEPARTMENT
oard Attorney
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EXHIBIT B
LEGAL DESCRITION
Parcel A
Lots 1-8 of Block 100, Lot 1 of Block 101
Third Street between Alton Road and Michigan Avenue as shown
in Ocean Beach Addition No. 3 as recorded in Plat Book 2,
Page 81 of the Records of Dade County, Florida, and the
20' roadway between 3rd and 4th Streets as located in
Block 100, Ocean Beach Addition No.3, as recorded in
Plat Book 2, Page 81 of the Records of Dade County, Florida.
Parcel B
Lots 2-5 of Block 101
CIT'Y OF
MIAMI
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER
TELEPHONE, 673,7010
January 15, 1987
Ms. Laila Kalaf
Assistant Supervisor
489 East Drive
Miami Springs, FL 33166
Dear Ms. Kalaf:
Attached please find the copies of Acquisition Agreement for execution by the School
Board. The agreement contains a site map, the legal description of the property to be
acquired, and a map of the existing utili ties. As per your request a boundary description is
currently being prepared.
The Administration would like to commence the property acquisition immediately.
Consequently we are requesting you execute the Agreement as attached. The boundarv
desC':ription will be forwarded upon como let ion.
If you have any questions please feel free to contact myself or Stuart L. Rogel, at 673-7193.
Thank you for your cooperation.
f~.~
Rich rd L. Fosmoen
Assistant City Manager
RLF/dd:MSC 10
Attachment
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TO:
FROM:
SUBJECT:
CITY OF MIAMI IBACH
Stuart L, ROlel DATE:
Director of Economic at Comm\l'\1ty Development
November 21, 19.6
Frank Aymonln
Publlc Works Director
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NOV 2 C; 19~~ ~JJl.,J
SURVEY AND LEGAL DESCRIPTION
';CO:\;O:lIC noVE OPME'IT I"IEPT
C'TVOF'II:';~:j ;?J;,CH -
~V:
In reference to your memorandum of November 19, 1986, the legal
description of property to be acquired by the City is as follows:
Lots I through 8, Block 100, Ocean Beach Addition No.3 and Lots 1 through
" Block 101, Ocean Beach Addition No.3 as recorded in Plat Book 2, Page
81 of the Records of Dade County, Florida.
The legal description of areas to be retained by the City as an undergroun!l
utility easement is as follows:
Third Street between Alton Road and Michigan Avenue as shown in Ocean
Beach Addition No.3 as recorded in Plat Book 2, Page 81 of the Records of
Dade County, Florida, and the 20' roadway between 3rd and 4th Streets as
located in Block 100, Ocean Beach Addition No.3, as recorded in Plat Book
2, Page 81 of the Records of Dade County, Florida.
We are presently plotting the existing utilities both in 3rd Street and in the
area to determine what utilization can be made of these areas by the School
Board other than ope)' space. We hopefully should have this information
sometime next week.
F A/mlw
cc: Domingo Rodriguez, Ass stant to the
John Aymonin, Civil meer m
TO:
FROM:
SUBJECT:
CITY OF MIAMI BEACH
EXHIBIT C
Stuart Rogel, Director
Economic Ilc Community Development
DATE: December Hi, 19&6
Frank Aymonin
Public Works Director
EXISTING UmmES IN THE VICINITY OF SOUTH POINTE SCHOOL
Attached is a list of utilities located in the alley (Michigan Court) between
Lenox and Washington Avenues from 3rd to 4th Streets.
Also enclosed is the list of utilities located in 3rd Street from Alton Road to
Michigan Avenue together with a sketch of the existing utilities in 3rd
Street from Alton Road to Michigan Avenue.
FA/mlw
cc: Richard L. Fosm n, Assist City Manager
M,.Louise Barrett, Assista City Attorney
.......catherine Timko, Real Estate Economist
Domingo Rodriguez, Assistant to Public Works Director
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