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Ordinance 94-2952 ORDINANCE NO. 94-2952 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA, RATIFYING CITY OF MIAMI BEACH RESOLUTION NOS. 94-21351 AND 94-21407 AND MIAMI BEACH REDEVELOPMENT AGENCY RESOLUTION NOS. 174-94 AND 182-94,RESPECTIVELY, REGARDING ACQUISITION OF THE PROPERTY KNOWN AS THE ROYAL PALM HOTEL, LOCATED AT 1545 COLLINS AVENUE, MIAMI BEACH, FLORIDA, AND LEGALLY DESCRIBED AS LOTS 6 AND 15, THE NORTH 10 FEET OF LOTS 5 AND 16 AND THE SOUTH 12.65 FEET OF LOTS 14 AND 7 IN BLOCK 56 OF FISHER'S FIRST SUBDIVISION OF ALTON BEACH, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 77, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, SAID ACQUISITION DECLARED TO BE A PUBLIC NECESSITY IN CONJUNCTION WITH THE PROJECT KNOWN AS THE CITY CENTER/HISTORIC CONVENTION VILLAGE REDEVELOPMENT AND REVITALIZATION AREA, AND FURTHER AUTHORIZING THE ACQUISITION OF THE ROYAL PALM SITE THROUGH THE FILING OF EMINENT DOMAIN PROCEEDINGS INCLUDING A DECLARATION OF TAKING. WHEREAS, the City of Miami Beach is proceeding with its goal of economic stimulation and development by assisting the construction of convention quality hotels and issuing a Request for Proposals addressing this need to which bids have been received and negotiations are underway; and WHEREAS,for the purpose of realizing the type of hotel developments contemplated by the Request for Proposals, the City must acquire the property known as the Royal Palm Hotel located at 1545 Collins Avenue, Miami Beach, Florida, (Royal Palm site); 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 Royal Palm site, to be a Redevelopment Area in which conditions of slum and blight have been demonstrated to exist; and WHEREAS,on October 5, 1994, the Mayor and City Commission approved Resolution No. 94-21351 (attached hereto as Exhibit "A"), ratifying Resolution No. 174-94 of the Miami Beach Redevelopment Agency(attached hereto as Exhibit "B"), and finding, determining, and declaring the acquisition of the Royal Palm site to be a public necessity and in the best interest of the City, and further authorizing the Agency to institute eminent domain proceedings on the aforementioned property to acquire fee simple title to same for use in the City Center/Historic Convention Village Redevelopment and Revitalization Area; and WHEREAS, on November 16, 1994, City of Miami Beach Resolution No. 94-21407 and Miami Beach Redevelopment Agency Resolution No. 182-94 were passed amending the aforementioned Resolutions so as to specifically require the consent of the Miami Beach City Commission and Miami Beach Redevelopment Agency prior to any final settlement concerning property compensation for the Royal Palm Hotel; and WHEREAS, Section 163.375, Florida Statutes, provides, in relevant part, that a municipality or a community redevelopment agency, as provided by ordinance, has the right to acquire by condemnation any interest in real property which it deems necessary for, or in connection with, community redevelopment. 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 City of Miami Beach Resolution Nos. 94-21351 and 94-21407 and Miami Beach Redevelopment Agency Resolution Nos. 174-94 and 182-94, respectively, regarding acquisition of the property known as the Royal Palm site, located at 1545 Collins Avenue, Miami Beach, Florida. Section 2. The acquisition of the Royal Palm Site is declared to be a public necessity for, and in connection with, the community redevelopment and related activities of City Center/Historic Convention Village Redevelopment and Revitalization Area project. Section 3. The Mayor and City Commission herein authorize the acquisition of the Royal Palm Site through the filing of eminent domain proceedings, pursuant to Section 163.375, Florida Statutes, including a Declaration of Taking. 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 2 • 3 validity of the remaining portions of this ordinance. Section 6. This ordinance shall take effect ten (10) days after its adoption, on November 26 1994. PASSED and ADOPTED this 16th day of Lfovember 1994. là ,7 Jr; ATT ST: ` ITY CLERK FORM APPOVED Attachments LE - ' EPT. JO/ks 1' G (c:\wpdocs\jean\commiss\roy1116.ord) - "�� 1st reading 11/2/94 Date r/ 2 1-1 2nd reading 11/16/94 3 624 oty:Am. zionzra F L O R 1 D A 1.01 Bei 's�al►"'::h COMMISSION MEMORANDUM NO. TO: MAYOR SEYMOUR GELBER MEMBERS OF THE CITY COMMISSION FROM: LAURENCE FEINGO s' ROGER M. CARLTON � CITY ATTORNEY 9Y MANAGER NV-A�%�!�! , SUBJECT: ROYAL PALM HOTEI. DATE: NOVEMBER 16 , 1994 On October 5, 1994, both the Miami Beach Redevelopment Agency and the City Commission authorized the institution of eminent domain proceedings for the condemnation of the Royal Palm Hotel located 1545 Collins Avenue, Miami Beach, Florida, in order to acquire fee simple title thereof for use in the City Center/Historic Convention Village Redevelopment.and Revitalization Area;accordingly, the Resolutions for this eminent domain lawsuit (CMB Resolution No. 94-21351 and MBRDA Resolution No. 174-94) were passed. Pursuant to Section 163.375, Fla. Stat., a municipality or a community redevelopment agency, as provided by ordinance, has the right to acquire by condemnation any interest in real property which would be necessary for, in, or in connection with, community redevelopment. Accordingly, the attached Ordinance is presented for a first reading by the City Commission in order to ratify the previous actions of the City Commission and Miami Beach Redevelopment Agency in authorizing the institution of eminent domain proceedings for the Royal Palm Hotel. LF:JO/ks Attachment - 91 (c:bvpdocs\jan\commiss\roypalm.cm) AGENDA ITEM ` l AT q F DATE � , - (D 1700 CONVENTION CENTER DRIVE- FOURTH FLOOR - MIAMI BEACH, FLORIDA 33139 • RESOLUTION NO. 94-21407 • A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CITY OF MIAMI BEACH RESOLUTION NO. 94-21351 (SAID RESOLUTION RATIFYING THE RESOLUTION OF THE MIAMI BEACH REDEVELOPMENT AGENCY DECLARING ACQUISITION OF THE PROPERTY KNOWN AS THE ROYAL PALM HOTEL LOCATED AT 1545 COLLINS AVENUE AND LEGALLY DESCRIBED AS LOTS 6 AND 15, THE NORTH 10 FEET OF LOTS 5 AND 16 AND THE SOUTH 12.65 FEET OF LOTS 14 AND 7 IN BLOCK 56 OF FISHER'S FIRST SUBDIVISION OF ALTON BEACH, ACCORDING TO 1'HE PLAT 'HEREOF,AS RECORDED IN PLAT BOOK 2,PAGE 77, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, TO BE AS PUBLIC NECESSITY FOR THE PROJECT KNOWN AS CITY CENTER/CONVENTION VILLAGE PROJECT, AUTHORIZING THE ACQUISITION OF THE ROYAL PALM BY PURCHASE, DONATION, OR THE FILING OF EMINENT DOMAIN PROCEEDINGS AND DECLARATION OF TAKING, AS NECESSARY AS A POTENTIAL SITE FOR A HOTEL DEVELOPMENT; AUTHORIZING THE CHAIRMAN OF 1'HE MIAMI BEACH REDEVELOPMENT AGENCY AND SECRETARY TO EXECUTE 1'HE REQUIRED DOCUMENTATION TO INITIATE EMINENT DOMAIN PROCEEDINGS) SO AS TO REQUIRE THE CONSENT OF THE MIAMI BEACH CITY COMMISSION PRIOR TO FINALIZATION OF ANY SETTLEMENT CONCERNING PROPERTY COMPENSATION FOR THE ROYAL PALM HOTEL . WHEREAS, on October 5, 1994 the Miami Beach City Commission passed its Resolution No. 94-21351 which Resolution ratified the Resolution of the Miami Beach Redevelopment Agency declaring acquisition of the property known as the Royal Palm Hotel located at 1545 Collins Avenue and legally described as Lots 6 and 15, the north 10 feet of Lots 5 and 16 and the south 12.65 feet of Lots 14 and 7 in Block 56 of Fisher's First Subdivision of Alton Beach, according to the plat thereof, as recorded in Plat Book 2, Page 77, of the Public Records of Dade County, Florida, to be as public necessity for the project known as City Center/Convention Village Project, authorizing the acquisition of the Royal Palm by purchase, donation, or the filing of eminent domain proceedings and declaration of taking, as necessary as a potential site for a hotel development; authorizing the Chairman of the Miami Beach Redevelopment Agency and Secretary to execute the required documentation to initiate eminent domain proceedings; and WHEREAS, City of Miami Beach Resolution No. 94-21351 is amended for the sole and specific purpose of providing for consent of the Miami Beach City Commission prior to finalization of any settlement concerning property compensation for the Royal Palm Hotel; and • t WHEREAS,all other matters set forth within City of Miami Beach Resolution No. 94-21351 shall remain in full force and effect. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that City of Miami Beach Resolution No. 94-21351 (which Resolution ratified the Resolution of the Miami Beach Redevelopment Agency declaring acquisition of the property known as the Royal Palm Hotel located at 1545 Collins Avenue and legally described as Lots 6 and 15, the north 10 feet of Lots 5 and 16 and the south 12.65 feet of Lots 14 and 7 in Block 56 of Fisher's First Subdivision of Alton Beach, according to the plat thereof, as recorded in Plat Book 2, Page 77, of the Public Records of Dade County, Florida, to be as public necessity for the project known as City Center/Convention Village Project and authorizing the acquisition of the Royal Palm by purchase, donation, or the filing of eminent domain proceedings and declaration of taking, as necessary as a potential site for a hotel development)is hereby amended for the sole and specific purpose of requiring consent of the Miami Beach City Commission prior to finalization of any settlement concerning property compensation for the Royal Palm Hotel; and providing that all other matters contained within City of Miami Beach Resolution No. 94-21351 shall remain in full force and effect• PASSED and ADOPTED this 16th day of Nove ,, •r, 1994. / / 7OR ATTEST: �`/t,.t� A E.�. FORM AP.P VED C Y CLERK ByM11.2,,,,, ��� Date ie p-P14y JO/ks (c:\wpdocs\jean\commiss\roycmb2.res) 2 3 RESOLUTION NO. 182-94 A RESOLUTION OF THE CHAIRMAN AND THE MIAMI BEACH REDEVELOPMENT AGENCY, AMENDING MIAMI BEACH REDEVELOPMENT RESOLUTION NO. 174-94 (SAID RESOLUTION DECLARING ACQUISITION OF THE PROPERTY KNOWN AS THE ROYAL PALM HOTEL LOCATED AT 1545 COLLINS AVENUE AND LEGALLY DESCRIBED AS LOTS 6 AND 15, THE NORTH 10 FEET OF LOTS 5 AND 16 AND THE SOUTH 12.65 FEET OF LOTS 14 AND 7 IN BLOCK 56 OF FISHER'S FIRST SUBDIVISION OF ALTON BEACH,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 2, PAGE 77, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, TO BE AS PUBLIC NECESSITY FOR THE PROJECT KNOWN AS CITY CENTER/CONVENTION VILLAGE PROJECT, AUTHORIZING THE ACQUISITION OF THE ROYAL PALM BY PURCHASE,DONATION,OR THE FILING OF EMINENT DOMAIN PROCEEDINGS AND DECLARATION OF TAKING, AS NECESSARY AS A POTENTIAL SITE FOR A HOTEL DEVELOPMENT; AUTHORIZING ME CHAIRMAN OF THE MIAMI BEACH REDEVELOPMENT AGENCY AND SECRETARY TO EXECUTE THE REQUIRED DOCUMENTATION TO INITIATE EMINENT DOMAIN PROCEEDINGS) SO AS TO REQUIRE THE CONSENT OF THE MIAMI BEACH REDEVELOPMENT AGENCY PRIOR TO FINALIZATION OF ANY SETTLEMENT CONCERNING PROPERTY COMPENSATION FOR THE ROYAL PALM HOTEL. WHEREAS, on October 5, 1994 the Miami Beach Redevelopment Agency passed its Resolution No. 174-94 which Resolution declared acquisition of the property known as the Royal Palm Hotel located at 1545 Collins Avenue and legally described as Lots 6 and 15, the north 10 feet of Lots 5 and 16 and the south 12.65 feet of Lots 14 and 7 in Block 56 of Fisher's First Subdivision of Alton Beach, according to the plat thereof, as recorded in Plat Book 2, Page 77, of the Public Records of Dade County, Florida, to be as public necessity for the project known as City Center/Convention Village Project, authorizing the acquisition of the Royal Palm by purchase, donation, or the filing of eminent domain proceedings and declaration of taking, as necessary as a potential site for a hotel development; authorizing the Chairman of the Miami Beach Redevelopment Agency and Secretary to execute the required documentation to initiate eminent domain proceedings; and WHEREAS, Miami Beach Redevelopment Agency Resolution No. 174-94 is amended for the sole and specific purpose of requiring the consent of the Miami Beach Redevelopment Agency prior to finalization of any settlement concerning property compensation for the Royal Palm Hotel; and WHEREAS, all other matters contained within Miami Beach Redevelopment Agency Resolution No. 174-94 shall remain in full force and effect. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRMAN AND THE MIAMI BEACH REDEVELOPMENT AGENCY, that Miami Beach Redevelopment Agency Resolution No. 174-94 (which Resolution declared acquisition of the property known as the Royal Palm Hotel located at 1545 Collins Avenue and legally described as Lots 6 and 15, the north 10 feet of Lots 5 and 16 and the south 12.65 feet of Lots 14 and 7 in Block 56 of Fisher's First Subdivision of Alton Beach, according to the plat thereof, as recorded in Plat Book 2, Page 77, of the Public Records of Dade County, Florida, to be as public necessity for the project known as City Center/Convention Village Project, authorizing the acquisition of the Royal Palm by purchase, donation, or the filing of eminent domain proceedings and declaration of taking, as necessary as a potential site for a hotel development; authorizing the chairman of the Miami Beach Redevelopment agency and secretary to execute the required documentation to initiate eminent domain proceedings) is hereby amended for the sole and specific purpose of requiring consent of the Miami Beach Redevelopment Agency prior to finalization of any settlement concerning property compensation for the Royal Palm Hotel, and providing that all other matters contained within Miami Beach Redevelopment Agency Resolution No. 174-94 shall remain in full force and effect. PASSED AND ADOPTED this 16th day of November, 1994. r /'._ ►�/ ' rAN ATTEST: F FORM APPRQVED SECRETARY REDEVELOPMENT AGENCY GENERAL COUNSEL (c:Awpdocs\jean)commiss\royrda2.res) _ Date ///aP/, 2 Miami Beach Redevelopment Agency 1700 Convention Center Drive Miami Beach, Florida 33139 Telephone: (305) 673-7193 Fax: (305) 673-7772 REDEVELOPMENT AGENCY MEMORANDUM NO. 94-49 November 16 , 1994 TO: Chairman and Members of the Board of the Redevelopment Agency FROM: Roger M Carlt••• i Executive Directs SUBJECT: REQUEST FOR: 1) AUTHORIZATION TO PROCEED WITH CONSULTANT SELECTION TO DEVELOP STREETSCAPE PLANS BASED ON THE SAFE NEIGHBORHOODS IMPROVEMENT DISTRICT NO. 1 "STREETSCAPE" AND PILOT BLOCKS, APPROVED BY THE STATE OF FLORIDA LEGISLATURE IN 1989, AND 2) ESTABLISHMENT OF A POLICY FOR IMPLEMENTATION OF STREETSCAPE PROJECTS IN THE SOUTH POINTE REDEVELOPMENT AREA. RECOMMENDATION: The Administration recommends that the accompanying Resolution be approved: 1) authorizing consultant selection to develop streetscape plans based on the Safe Neighborhoods Improvement District No. 1 "Streetscape" and Pilot Blocks (defined as the area south of Sixth Street from the Atlantic Ocean to Biscayne Bay) , approved by the State of Florida Legislature in 1989, and 2) establishing a policy for implementation of streetscape projects in the South Pointe Redevelopment Area. BACKGROUND: The contractual agreement with Cobb Partners South Beach, Ltd. , requires the Miami Beach Redevelopment Agency (Agency) to implement streetscape improvements along First and Second Streets from Ocean Drive to Alton Road, and along Washington Avenue and Alton Road on the perimeter of the Cobb development . The Agency budget approved at the November 2 , 1994 Board meeting had previously been reviewed and accepted by the South Pointe Advisory Board at their October 20, 1994 meeting. The South Pointe Advisory Board was concerned that streetscapes and related improvements were not adequately funded in the Fiscal Year 94-95 budget . The Agency Board supported this concern and requested that the Administration proceed to implement the design phase of a comprehensive, area-wide streetscape program. SCUM UCINTE CITY CENTER Redevelopment District Redevelwment District AGENDA ITEM 3-A NOVEMBER 16, 1994 ANALYSIS• The consultant selected to undertake this assignment will be provided with the Safe Neighborhoods Improvement District No. 1 "Streetscape" and Pilot Blocks document, a copy of which is attached, to use as a guide for the final design plans . Three projects within the South Pointe Redevelopment Area that are currently underway should be given priority in terms of implementing the streetscape effort . These projects are : 1) the Courts of South Beach/Cobb Project ($750, 000) , 2) Camp Development Townhouses at Second Street and Meridian Avenue ($72 , 000) , and 3) the Sanford L. Ziff Jewish Museum of Florida, Home of MOSAIC, on Washington Avenue and Third Street ($50, 000 estimated) . It is recommended that the Agency Board establish a policy that streetscape improvements will be implemented to correspond with development of new facilities and/or renovation of existing structures within the South Pointe Redevelopment Area. By developing a design theme, this process will be facilitated and implemented consistently throughout the South Pointe Redevelopment Area. Further, this policy will result in the ability of the staff to negotiate cost-sharing agreements as projects move through the permitting stage. Projects will be reviewed by the South Pointe Advisory Board prior to submission by staff to the Redevelopment Agency Board. CONCLUSION: The Administration recommends that the Chairman and Secretary execute the accompanying Resolution authorizing 1) consultant selection to develop streetscape plans based on the Safe Neighborhoods Improvement District No. 1 "Streetscape" and Pilot Blocks, approved by the State of Florida Legislature in 1989, and 2) establishing a policy for implementation of streetscape projects in the South Pointe Redevelopment Area. Attachment RMC:MSD:jm • O u I o ai •H +.) r4 r-I• •ri o p o CO � z a) -r-I �n 0 ch 4 b •rl cv U f~ +- • a) r1 rn a4 r� 0 (i) • •,- a) Z ro N rl I • 4 W �t U H O 01 p • r w a) Hz° � � • O H P co • 4J 4 • R'+ •ri — 0 O..) Ln a) cn E ao.1 am • N 0 H 1 r-I N • a) 00 LH O'N •r1 a) 4-) • 'C TJ 0 o a) G t=4 z ^4 C