Loading...
97-3080 ORD ORDINANCE NO. 97-3080 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RATIFYING THE CITY OF MIAMI BEACH RESOLUTION ADOPTED ON APRIL 2, 1997 AND THE MIAMI BEACH REDEVELOPMENT AGENCY RESOLUTION ADOPTED ON APRIL 2, 1997, REGARDING ACQUISITION OF THE PROPERTY HAVING A STREET ADDRESS OF 1535 COLLINS AVENUE, LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN, COMMONLY KNOWN AS THE SHORECREST HOTEL; SAID ACQUISITION DEEMED AND DECLARED TO BE NECESSARY IN CONJUNCTION WITH COMMUNITY REDEVELOPMENT AND RELATED ACTIVITIES AND A CITY CENTERlHISTORIC CONVENTION VILLAGE REDEVELOPMENT AND REVITALIZATION AREA HOTEL PROJECT; AND SPECIFICALLY APPROVING AND AUTHORIZING THE ACQUISITION OF THE PROPERTY BY THE MIAMI BEACH REDEVELOPMENT AGENCY THROUGH THE FILING OF EMINENT DOMAIN PROCEEDINGS, INCLUDING A DECLARATION OF TAKING, AS NECESSARY. WHEREAS, the City of Miami Beach (the "City") and the Miami Beach Redevelopment Agency ("RDA") are proceeding with their goal of economic stimulation and development by assisting in the development of convention quality hotels; and WHERE~S, requests for proposals have been issued addressing the development of these hotels; and WHEREAS, for the purpose of realizing these hotel developments, the RDA must acquire the property (the "Property") having a street address of 1535 Collins Avenue, Miami Beach, Florida, legally described on Exhibit "A" attached hereto and incorporated herein, commonly known as the Shorecrest Hotel; and WHEREAS, the Mayor and City Commission, by Resolution No. 92-20646, and the Dade County Commission, by Resolution No. R-14-93, declared the area known as the City Center/Historic Convention Village Redevelopment and Revitalization Area, which includes the Property, to be a Redevelopment Area in which conditions of slum and blight have been demonstrated to exist; and WHEREAS, on April 2, 1997, the Mayor and City Commission approved a Resolution (attached hereto as Exhibit "B"), ratifying a Resolution of the RDA (attached hereto as Exhibit "C"), finding, determining, and declaring the acquisition of the Property to be a public necessity and in the best interest of the City, and further authorizing the RDA to institute eminent domain proceedings on the Property to acquire fee simple title to same for use in connection with a City Center/Historic Convention Village Redevelopment and Revitalization Area hotel project; and WHEREAS, Section 163.375, Florida Statutes, provides, in relevant part, that a municipality or a community redevelopment agency, with the specific approval of the municipality, has the right to acquire by condemnation any interest in real property which it deems necessary for, or in connection with, community redevelopment and related activities. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. The Mayor and City Commission hereby ratify the City of Miami Beach Resolution adopted on April 2, 1997 and the Miami Beach Redevelopment Agency Resolution adopted on April 2, 1997, regarding acquisition of the property having a street address of 1535 Collins Avenue, Miami Beach, Florida, whose legal description is attached hereto as Exhibit "A" and incorporated herein, commonly known as the Shorecrest Hotel. Section 2. The acquisition of the fee simple title interest, including but not limited to the ground lessor's interest, to the Property is deemed and declared to be necessary for, and in connection with, community redevelopment and related activities under Chapter 163, Part III, Florida Statutes and a City Center/Historic Convention Village Redevelopment and Revitalization Area hotel project. Section 3. The Mayor and City Commission hereby specifically approve and authorize the acquisition of the fee simple title interest, including but not limited to the ground lessor's interest, to the Property by the RDA through the filing of eminent domain proceedings, pursuant to Section 163.375, Florida Statutes, including a declaration of taking, as necessary. Section 4. All ordinances, resolutions or parts in conflict herewith be and the same are hereby repealed. Section 5. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. on Section 6. April This ordinance shall take effect ten (10) days after its adoption, ~, 1997. PASSED and ADOPTED this 16th day of APPROVED AS TO FORM & lANGUAGE & FOR EXECUTION ATTEST: J{olcu.( rlM~ CITY CLERK AIT\kw:(f:\atto\taca\resos\ 153 5emdo.ord) Attachments 1st reading 4/2/97 2nd reading 4/16/97 4tI ,,e; :S/2-6/97 Date 2 EXHIBIT "A" The South 40.00 feet (measured along the lot line) of Lots 5 and 16 and the North one-half of Lots 4 and 17, all in Block 56, FISHER'S FIRST SUBDIVISION OF ALTON BEACH, according to the plat thereof, as recorded in Plat Book 2, Page 77, Public Records of Dade County, Florida, together with that certain parcel of land lying East and adjacent to the above described parcel; said parcel bounded on the South by the South line of the above described parcel extended Easterly; bounded on the North by the North line of the above described parcel extended Easterly; bounded on the East by the Erosion Control Line of the Atlantic Ocean and bounded on the West by the East line of the above mentioned Block 56. The land described above located, lying and being in Section 34, Township 53 South, Range 42 East, City of Miami Beach, Dade County, Florida. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RATIFYING THE MIAMI BEACH REDEVELOPMENT AGENCY RESOLUTION ADOPTED ON APRIL 2, 1997, REGARDING ACQUISITION OF THE PROPERTY HAVING A STREET ADDRESS OF 1535 COLLINS AVENUE, LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN, COMMONL Y KNOWN AS THE SHORECREST HOTEL; SAID ACQUISITION DEEMED AND DECLARED TO BE NECESSARY IN CONJUNCTION WITH COMMUNITY REDEVELOPMENT AND RELATED ACTIVITIES AND A CITY CENTERlHISTORIC CONVENTION VILLAGE REDEVELOPMENT AND REVITALIZATION AREA HOTEL PROJECT; AND SPECIFICALLY APPROVING AND AUTHORIZING THE ACQUISITION OF THE PROPERTY BY THE MIAMI BEACH REDEVELOPMENT AGENCY THROUGH THE FILING OF EMINENT DOMAIN PROCEEDINGS, INCLUDING A DECLARATION OF TAKING, AS NECESSARY. WHEREAS, the City of Miami Beach (the "City") and the Miami Beach Redevelopment Agency ("RDA") are proceeding with their goal of economic stimulation and development by assisting in the development of convention quality hotels; and WHEREAS, requests for proposals have been issued addressing the development of these hotels; and WHEREAS, for the purpose of realizing these hotel developments, the RDA must acquire the property (the "Property") having a street address of 1535 Collins Avenue, Miami Beach, Florida, legally described on Exhibit "A" attached hereto and incorporated herein, commonly known as the Shorecrest Hotel; and WHEREAS, the Mayor and City Commission, by Resolution No. 92-20646, and the Dade County Commission, by Resolution No. R-14-93, declared the area known as the City Center/Historic Convention Village Redevelopment and Revitalization Area, which includes the Property, to be a Redevelopment Area in which conditions of slum and blight have been demonstrated to exist; and WHEREAS, on April 2, 1997, the Chairman and Members of the RDA approved a Resolution (attached hereto as Exhibit "B"), finding, determining, and declaring the acquisition of the Property to be a public necessity and in the best interest of the City, and further authorizing the RDA to institute eminent domain proceedings on the Property to acquire fee simple title to same for use in connection with the City Center/Historic Convention Village Redevelopment and Revitalization Area hotel project; and Exhibit 11811 WHEREAS, Section 163.375, Florida Statutes, provides, in relevant part, that a municipality or a community redevelopment agency, with the specific approval of the municipality, has the right to acquire by condemnation any interest in real property which it deems necessary for, or in connection with, community redevelopment and related activities. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. The Mayor and City Commission hereby ratify the Miami Beach Redevelopment Agency Resolution adopted on April 2, 1997, regarding acquisition of the property having a street address of 1535 Collins Avenue, Miami Beach, Florida, whose legal description is attached hereto as Exhibit "A" and incorporated herein, commonly known as the Shorecrest Hotel. Section 2. The acquisition of the fee simple title interest, including but not limited to the ground lessor's interest, to the Property is deemed and declared to be necessary for, and in connection with, community redevelopment and related activities under Chapter 163, Part III, Florida Statutes and a City CenterIHistoric Convention Village Redevelopment and Revitalization Area hotel project. Section 3. The Mayor and City Commission hereby specifically approve and authorize the acquisition of the fee simple title interest, including but not limited to the ground lessor's interest, to the Property by the RDA through the filing of eminent domain proceedings, pursuant to Section 163.375, Florida Statutes, including a declaration of taking, as necessary. PASSED and ADOPTED this day of ,1997. MAYOR ATTEST: CITY CLERK APPROVED /4S TO FORM & LANGUAGE & FOR EXECUTION AITIkw: c:wpwin60Iresos\ I 535emdo.res Attachments ~~~~ 2 RESOLUTION NO. A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY, DEEMING AND DECLARING ACQUISITION OF THE PROPERTY HAVING A STREET ADDRESS OF 1535 COLLINS AVENUE, LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN, COMMONLY KNOWN AS THE SHORE CREST HOTEL, TO BE A PUBLIC NECESSITY FOR A CITY CENTERlHISTORIC CONVENTION VILLAGE HOTEL PROJECT, AND DEEMING AND DECLARING THE ACQUISITION AS NECESSARY FOR, AND IN CONNECTION WITH, COMMUNITY REDEVELOPMENT AND RELATED ACTIVITIES; AN]) AUTHORIZING THE ACQUISITION OF THE PROPERTY BY PURCHASE, DONATION, OR THE FILING OF EMINENT DOMAIN PROCEEDINGS AND A DECLARATION OF TAKING, AS NECESSARY, AS A POTENTIAL SITE FOR A CONVENTION HOTEL. WHEREAS, the City of Miami Beach (the "City") and the Miami Beach Redevelopment Agency ("RDA") are proceeding with their goal of economic stimulation and development by assisting in the development of convention quality hotels; and WHEREAS, requests for proposals have been issued addressing the development of these hotels; and WHEREAS, for the purpose of realizing these hotel developments, the RDA must acquire the property (the "Property") having a street address of 1535 Collins Avenue, Miami Beach, Florida, whose legal description is on Exhibit "A" attached hereto and incorporated herein, commonly known as the Shorecrest Hotel; and WHEREAS, the Mayor and the City Commission by Resolution No. 92-20646 and the Dade County Commission by Resolution No. R-14-93 declared the area known as the City CenterIHistoric Convention Village Redevelopment and Revitalization Area, which includes the Property, to be a Redevelopment Area in which conditions of slum and blight have been demonstrated; and WHEREAS, the RDA has adopted a redevelopment plan for the City CenterIHistoric Convention Village Redevelopment and Revitalization Area; and WHEREAS, acquisition is a remedy to eliminate slum and blight and preserve historic properties by undertaking the necessary efforts to redevelop them according to approved plans; and Exhibit lIell WHEREAS, the Property has been designated by the City in the City's Historic Properties Data Base as a contributing building in the locally designated Flamingo Park Historic District and has been designated in the National Register Historic District; and WHEREAS, the Summary of Findings Pertaining to Proposed Convention Headquarter Hotels in Miami Beach, Florida, dated March, 1990, prepared by Laventhol & Horwath and the Miami Beach Convention Village, Phase One: Convention Hotel Compatibility Study dated September, 1992, prepared by Wallace, Roberts & Todd, Zyscovich, Inc., Kenneth Leventhal & Co., Hardy, Holzman Pfeiffer Associates and other studies determined that in order for the Miami Beach Convention Center to survive, convention hotels supporting the Convention Center were necessary in the immediate area; and WHEREAS, the RDA finds, determines and declares that the acquisition of the Property is a public necessity and is necessary, practical and in the best interest of the City; and WHEREAS, the Executive Director of the RDA recommends that the RDA authorize the RDA's General Counsel to institute eminent domain proceedings on the Property; and WHEREAS, the RDA deems, finds, determines and declares that it is necessary to acquire fee simple title to the Property, including but not limited to the ground lessor's interest, in connection with community redevelopment and related activities and a City CenterfHistoric Convention Village hotel project; and WHEREAS, the RDA finds, determines and declares that th,e acquisition of the Property by purchase, donation, or eminent domain proceedings, including a declaration of taking, is for the public use and benefit. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRMAN AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY that: 1. The RDA finds, determines, and declares that those matters set out in the foregoing recitals are true and correct, and they are hereby incorporated as a portion of this Resolution. 2. The recommendation of the Executive Director ofth{~ RDA that the RDA's General Counsel institute condemnation proceedings in order to acquire the fee simple title interest, including but not limited to the ground lessor's interest, to the Property in connection with a City CenterfHistoric Convention Village hotel project is hereby accepted and approved. 3. The acquisition of the fee simple title interest to the Property, including but not limited to the ground lessor's interest, is deemed and declared to be necessary for, and in connection with, community redevelopment and related activities under Chapter 163, Part III, Florida Statutes and a City CenterfHistoric Convention Village Redevelopment and Revitalization Area hotel project.e 2 4. The RDA finds, determines, and declares that acquisition of the fee simple title interest, including but not limited to the ground lessor's interest, to the Property by purchase, donation, or eminent domain proceedings, including a declaration of taking, is for the public use and benefit. 5. The RDA finds, determines and declares that the acquisition of the fee simple title interest, including but not limited to the ground lessor's interest, to the Property is a public necessity and is necessary, practical and in the best interests of the City. 6. The RDA authorizes the Executive Director of the RDA and the RDA's General Counsel, through special counsel that may be engaged for such purposes, to acquire the fee simple title interest, including but not limited to the ground lessor's interest, to the Property through purchase, donation, or eminent domain proceedings, including a declaration of taking. PASSED AND ADOPTED this _ day of ,1997. CHAIRMAN ATTEST: SECRETARY APPROVED AS TO FORM & lANGUAGE & FOR EXECUTION AI1\kw ~~ eve c tncy ("7f",,~.,,1 C"l,",~,,' -s / J-.fr/ cr; , Dote ' f:lattoltacalresosl 153 5emdo.rda 3 MIAMI m CITY OF BEACI-I CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 331,39 TO: FROM: SUBJECT: COMMISSION MEMORANDUM NO. Af..aO - otl Mayor Seymour Gelber and Members of the City Commission DATE: April 16. 1997 Jose Garcia-Pedrosa City Manager AN ORDINANCE F THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BE CH, FLORIDA, RATIFYING THE CITY OF MIAMI BEACH RESOLUTION ADOPTED ON APRIL 2, 1997 AND THE MIAMI BEACH REDEVELOPMENT AGENCY RESOLUTION ADOPTED ON APRIL 2, 1997, REGARDING ACQUISITION OF THE PROPERTY HAVING A STREET ADDRESS OF 1535 COLLINS AVENUE, LEGALLY DESCRIBED ON EXHIBIT IIAII ATTACHED HERETO AND INCORPORATED HEREIN, COMMONLY KNOWN AS THE SHORECREST HOTEL; SAID ACQUISITION DEEMED AND DECLARED TO BE NECESSARY IN CONJUNCTION WITH COMMUNITY REDEVELOPMENT AND RELATED ACTIVITIES AND A CITY CENTER/HISTORIC CONVENTION VILLAGE REDEVELOPMENT AND REVITALIZATION AREA HOTEL PROJECT; AND SPECIFICALLY APPROVING AND AUTHORIZING AND AUTHORIZING THE ACQUISITION OF THE PROPERTY BY THE MIAMI BEACH REDEVELOPMENT AGENCY THROUGH THE FILING OF EMINENT DOMAIN PROCEEDINGS, INCLUDING A DECLARATION OF TAKING, AS NECESSARY. RECOMMENDATION: Adopt the Ordinance on second reading. BACKGROUND: The Ordinance was approved on first reading on April 2, 1997. The City of Miami Beach/Redevelopment Agency ("Agency") is proceeding with its goal of economic stimulation and development in the City Center/Historic Convention Village Redevelopment and Revitalization Area ("City Center") and is currently in the negotiation phase for the development of a convention-quality hotel. In order to accomplish this goal the Agency has determined that the acquisition of the above referenced property is necessary. AGENDA ITEM R5C- J.\-H.-n DATE Further, the City/Agency finds, determines and declares that the acquisition of the Shorecrest Hotel is a public necessity and is in the best interest of the City of Miami Beach. CONCLUSION: It is recommended that the Ordinance be adopted on second reading JGP~M,jm