Ordinance 95-3006 ORDINANCE NO. 95-3006
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, REPEALING ORDINANCE
NO. 95-2967 WHICH AUTHORIZED THE
ACQUISITION BY THE CITY THROUGH
THE FILING OF EMINENT DOMAIN
PROCEEDINGS OF THE PROPERTY KNOWN AS
THE SHORECREST HOTEL, LOCATED AT
1535 COLLINS AVENUE AND DECLARED
SAID ACQUISITION TO BE A PUBLIC
NECESSITY; PROVIDING FOR REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, on December 21, 1994 the Mayor and City Commission
approved Resolution No. 94-21432 ratifying Resolution No. 186-94 of
the Miami Beach Redevelopment Agency declaring acquisition of the
Shorecrest site located at 1535 Collins Avenue to be a public
necessity and authorizing the Redevelopment 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 January 4 , 1995 the Mayor and City Commission
adopted Ordinance No. 95-2967, (Appendix "A" , ) which authorized the
acquisition through the filing of eminent domain proceedings of the
Shorecrest Hotel, located at 1535 Collins Avenue and declared the
acquisition to be a public necessity in conjunction with the
s
project known as the City Center/Historic Convention Village
Redevelopment and Revitalization Area; and
WHEREAS, the Mayor and City Commission now find that
acquisition of the Shorecrest Hotel at this time is not a public
necessity in conjunction with the project and is not in the best
interests of the City; and
WHEREAS, if the Mayor and City Commission find at a future
date that acquisition of the Shorecrest Hotel is a public
necessity, they may, at that time, adopt a new ordinance making
such finding and authorizing acquisition of the Shorecrest Hotel
through the filing of eminent domain proceedings .
NOW, THEREFORE, BE IT ORDAINED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1 . REPEAL OF ORDINANCE NO. 95-2967
That Ordinance No. 95-2967 attached hereto as Appendix "A" and
incorporated herein, which authorized the acquisition by the City
through the filing of eminent domain proceedings of the Shorecrest
Hotel, located at 1535 Collins Avenue, and declared the acquisition
to be a public necessity, is hereby repealed.
2
,
ORDINANCE NO• 9..--2±
CITYAN ORDINANCE
OF THE MAYOR AND CITY COMMISSION I OF THE
FLORIDA, RATIFYING IAMI
OF RESOLUTION NO.NO. 94-21432 AND MI.9� AMI BEACH
BEACH RESO
REDEVELOPMENT AGENCY RESOLUTIONHEPROPERTY KNOWN AS THE
REGARDING ACQUISITION OF
REST
BEASHOCH, FLOR
HOTEL, LOCATED AT 1535 COLLINS AVAS THE ENUE,
1IZ MI
OF
BEACH, 'FLORIDA+ AND LEGALLY T OF OTfSE�ND SOUTH 40 FEETOF
LOT 4 AND THE SOUTH 40 BLOCK 56, FISHER'S Ft
LOT 16 AND THE NORTH 1/2 OF LOT 17, FLORIDA,MI BEACH,
SUBDIVISION OF ALTON BEACH,AS CORDED IN PLAT BOOK
ACCORDING TO THE PLAT THEREOFELY EAST A;
PA2,PAGE , 0
OF THE PUBLIC RECORDS OF DADE AND
IMMEDIATELY FLORIDA;
THAT PARCEL OF LAND ADJACENT N �REGOING DESCRIPTION FOLLOWS:O
OF
TRE ABO . AND MORE PANTIONED NTERSECAS
-f-Y� ANp �10RE P�+RTICULA�-Y D`SCRIBED AS
PROPER WHICH IS THE
BEGINNINGTHE
AT A POINT LOT 4, BLOCK 56, AS SHOWN ON A PLAT
CENTER LINE O T BOOK 2, PAGE 77, OF THE PUBLIC
RECORDS AID LOT 4,
RECORDED IN PLA EAST LINE
•
DADE COUNTY, FLORIDA, AND'ALONG THE EAST LINE OF BLOCK 56
BLOCK 56,NRUN NORTHERLY 65.91 A 40 FEETROF LOT 5 OF
CE OF FEET TO A POINT; 'THENCE RUN EASTERLY
A ALONG THERLY LINE OF THE SOU
NORTRE
FEET MORE OR
BLOCK 56, PRODUCED EASTERLY A DISTANCE NT[C OCEAN;
LESS,TO THE MEAN HIGH WATER LINE OF HEAT , THENCE
LINEAE SOUTHERLY, MEANDERING THE SAID MEAN
E►N HIGH WATER
LL'VE A DISTANCE OF 66 FEET, MORE OR LESS BLOCK 56,
OT 4,
WESTERLY ALONG THE CENTER LINE 60 FEETDlL10RE OR LESS TO
PRODUCED EASTERLY A DISTAD CE 10 ACRES, PLUS OR MINUS, SAID
ACQUISITION ITOF DECLARED BEGINNING,
TO BE A PUBLIC ASC THE CITY
CONJUNCTIONSSITY IN
WITH THE PROJECT KNOWN
CENTER/HISTORIC CONVENTION VILLAGE REV
REVITALIZATIONARE AND FURTHER REDEVELOPMENT
THE
ACQUISIILONOF THE SHORCRSTSTE THROUGH THE FILING
EMINENT DOMAIN PROCEEDINGS INCLUDING A DECLARATIONOF
OF
TAKING, AS NECESSARY.
City of Miami Beach is proceeding with its g;slaofecou ng a stimulation
WHEREAS, the C y
have been received and negotiations are underway: and
for
and development by assisting the construction of convention quality of
Proposals addressing this need to which bidshotel developments contemplated by the
WHEREAS,for the purpose of realizing the type of
APPENDIX "A"
Request for Proposals, the City must acquire the property
known as the Shorecrest Hotel located a4
1535 Collins
Avenue, Miami Beach, Florida, (Shorecrest site); and the Dade
Mayor and City Commission, by Resolution No. 92-20646, and
WHEREAS, the eR-14-93,declared the area known as the CiShorecrest rHsite,isto is
County Commission,by Resolution No. which includes the
Convention Village Redevelopment and Revitalization Area,
to
h conditions of slum and blight have been demonstrated to exist;
be a Redevelopment Area in which
and approved Resolution
,REAS,on December 21, 1994, the 1`4aY°rRedSolCity
ution Noml86 94 of the Miami Beach
WHEREAS,L ratifying
hereto as Exhibit "B"), finding, determining, and declaring the
Re 9velopm (attached yhereto
s hereto
A s, rate in n the best interest of the City, and
acq
Redevelopment Agency (attached necessity and r
further
of the Shorecrest Agency
e to ste a publicistorn the aforementioned
Convention Village
age
to institute eminent domain proceedings on
property
authorizing fethe simple
ert to acquire fee simple title to same for use in the City Cents
prop Y
Redevelopment and Revitalization Area; and
WITEREAS,Section 163.375, Florida Statutes, sides, in relevant part, that a municipality
videdpby ordinance, has the right to acquire by
or a community redevelopment agency, as P
in real property which it deems necessary for, or in connection with,
condemnation any interest P
• community redevelopment. •
NOW, THEREFORE,
BE IT DULY ORDAINED BY THE MAYOR AND CITY
CO
MISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Resolution
tali
Se_1On ctI. The Mayor and City Commission hereby �' City of Miami Beach
rNo.eg ding1 cqu and Miami
Beach Redevelopment Agency Resolution
ed . 183- , renpAvenue,
regarding awl
uisition of the property kno`vn as the Shorecrest site, oc
Miami Beach, Florida. public be a necessity for,
coon 2. The acquisition of the Shorecrtandite is relatedactivitieshoes of City necessity
sits ,
S_e_ t —
and in connection with, the community redevelopmentproject.
Convention Village Redevelopment and Revitalization Area p roj of the
n 3. The Mayor and City Commission Cerein in authorize
the acquisition
Section of the Sect.___10- eminent—
Shorecrest Site through the pec Decling laration ion of Ta�og,ain as proceedings,
Florida Statutes, including
Sect_.i°n__4'
All ordinances, resolutions or parts in conflict herewith be and the same are
hereby repealed.
S^ __ion 5. If any section, sentence, clause or phrase of this ordinance islheld to waye iafnvalid
tor
unconstitutional by any court of competent jurisdiction, then saidholding
e
u onions of this ordinance.
validity of the remaining p
2
•
• •
Section 6, This ordinance shall take effect ten (10) days after its adoption, on
January 14. , 1995•
January /
PASSED and ADOPTED this 4th day of_ Jar Y1 '95
OR
ATTEST:
TY CLERK
Attachments
1st reading 12/21/94
2nd reading 1/4/95
FORM APP
Leg. 1�G
<< � ,• c , .e NO By i_ ... - . -
•
Date
3
SECTION 2 . REPEALER.
All ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
SECTION 3 . SEVERABILITY.
If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by
such invalidity.
SECTION 4 . EFFECTIVE DATE.
This Ordinance shall take effect on the 5th day of
August , 1995 .
PASSED and ADOPTED this 26th day of July , 1995 .
ATTEST:
'YOR
dL4' ITY CLERK
SWS:scf:6.0disk9\emin-dom.ord
1st reading 7/12/95
2nd reading 7/26/95
FORM APPROVED
Legal Dept.
By T�
Date s cis 7— f3"4S
3
OFFICE OF THE CITY ATTORNEY
624 ly elo'coAvni,
Ward
F L O R 1 D A
at
IPN )
*
LAURENCE FEINGOLD gOQr�j, P O BOX 0
CITY ATTORNEY fi2€, MIAMI BEACH, FLORIDA 33119-2032
TELEPHONE(305)673-7470
TELECOPY (305)673-7002
COMMISSION MEMORANDUM NO. L t -95
DATE: JULY 26, 1995
TO: MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
FROM: MURRAY DUBBIN 11 TSD JOSE GARCIA-PEDROSA
INTERIM CITY ATTORNEY CITY MANAGER
SUBJECT: REPEAL OF ORDINANCE REGARDING AUTHORIZATION TO INSTITUTE
EMINENT DOMAIN PROCEEDINGS PERTAINING TO THE SHORECREST
HOTEL, 1535 COLLINS AVENUE, MIAMI BEACH
Recommendation:
The City Attorney and City Manager recommend that the City Commission pass, on
second reading, the attached ordinance which repeals Ordinance No. 95-2967, which
authorized the City Attorney and City Administration to acquire the Shorecrest Hotel
("Shorecrest"), 1535 Collins Avenue, Miami Beach through eminent domain proceedings.
Analysis
On December 2, 1994, the City Commission adopted Resolution No. 94-21432,
which, among other things, ratified Miami Beach Redevelopment Agency ("RDA")
Resolution No. 186-94 which authorized the acquisition of the Shorecrest by purchase,
donation or the filing of eminent domain proceedings. On January 4, 1995, the City
Commission passed Ordinance No. 95-2967 which, among other things, authorized the
acquisition of the Shorecrest through the filing of eminent domain proceedings. These
actions were taken in contemplation of the development of an African-American owned
hotel on the site of the Shorecrest and Royal Palm Hotels, pursuant to the bid submitted
by the HCF Group, Inc. ("HCF") in response to the convention center hotel Request for
AGENDA R_ p
ITEM
1700 CONVENTION CENTER DRIVE- FOURTH FLOOR - MIAMI E DATE 7 .c - !
Proposals. As the Commission is aware, in a letter dated March 3, 1995, from Peter J,
Calin, President of HCF, to City Manager Roger Carlton, HCF informed the City that ITT
Sheraton had decided to withdraw from participating in the HCF hotel development and,
thus, would not be contributing the proposed $8,000,000 to the project nor would it be
operating the hotel. The RDA has given HCF two extensions of time, one for 90 days and
another for 30 days, for HCF to come up with a new hotel chain affiliation and additional
equity. The deadline for the 120 days is up on July 13, 1995.
In connection with progress reports that HCF has given to the RDA pursuant to the
resolutions granting extensions of time, HCF has discussed potential hotel developments
located on both the Royal Palm and Shorecrest Hotel sites as well as developments
located only on the site of the Royal Palm Hotel. Accordingly, it is possible that the HCF •
hotel may not be located on the Shorecrest.
As discussed above, the factors that were the basis of Ordinance No. 95-2967,
authorizing the institution of eminent proceedings regarding the Shorecrest, have changed.
It is the recommendation of the hotel negotiating team, the City Attorney and the City
Manager that Ordinance No. 95-2967 be repealed by the attached Ordinance. The issue
of the repeal of City Resolution No. 94-21432 and RDA Resolution No. 186-94, also
pertaining to eminent domain proceedings regarding the Shorecrest, will be raised during
the Commission and RDA Meetings of July 26, 1995 in connection with the potential
second reading of the attached Ordinance. If acquisition of the Shorecrest is needed in
connection with an African-American hotel development in the future, the City and the RDA
reserve the right to institute eminent domain proceedings.
AIT/pgr
Attachment
c:\wpwin60\ait\repeal.cm2
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