RESOLUTION 84-17787 RESOLUTION NO. 84_17787
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH AUTHORIZING THE MAYOR AND
THE CITY CLERK TO EXECUTE ON BEHALF OF THE
CITY A SAVE OUR COAST AGREEMENT WITH THE
FLORIDA DEPARTMENT OF NATURAL RESOURCES FOR
THE ACQUISITION OF A 24-LOT PARCEL BETWEEN
77TH AND 79TH STREETS, MIAMI BEACH, FLORIDA.
WHEREAS, the City Commission on November 16 , 1983
authorized the acquisition of the 24-lot parcel between 77th and
79th Streets, Miami Beach, Florida and accepted the Florida
Cabinet Conditions outlined in Commission Memorandum No. 759-83 ,
pursuant to the Florida Cabinet conditions; and
WHEREAS , the State Department of Natural Resources has
prepared and submitted a project agreement, detailing the terms
and conditions for this program relative to the above-mentioned
parcel, which terms and conditions are reasonable and necessary to
assure the timely and orderly acquisition of the 24-lot parcel;
and
WHEREAS, the City Manager recommends the execution of
this agreement and the City Attorney has approved it as to form,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH that the Mayor and the City Clerk are
hereby authorized to execute on behalf of the City of Miami Beach
the Save our Coast Agreement with the Florida Department of
Natural Resources pertaining the the above-referenced parcel.
PASSED AND ADOPTED this 1 1 th day of July , 1984 .
MAYO''
Attest:
CITY CLERK
RESR/j hd
6184A FORMAPP�v ROVE.D
... 17,' ` DEPT.
AA.
Date. /170
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
eetet 4 Natoli Eead
_PMS--4..,,,, FLORIDA 3 3 1 3 9
. INCOR .TEO * ''V A CA TIONLAND U. S. A. "
1 '
���1,9�cH 26'���"�
OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. 1,7_443.4
DATE: June 20, 1984
TO: Mayor Malcolm H. F . • : ! adip r
Members of the ' y Corn iss
FROM: Rob W. Par ins
II
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City Manager
r�
SUBJECT: UPDATE REPORT ON THE NORTH SHORE PARK EXPANSION
PROJECT AND AUTHORIZATION FOR THE EXECUTION OF SAVE
OUR COAST PROJECT AGREEMENT BY AND BETWEEN THE CITY
OF MIAMI BEACH AND THE DEPARTMENT OF NATURAL
RESOURCES
On November 16, 1983 the City Commission authorized acquisition of the 24-lot parcel
between 77th and 79th Street, east of Collins Avenue, under the State's Save Our Coast
Project. The City Commission also adopted a resolution accepting the Florida Cabinet
conditions as outlined in the November 16, 1983 Commission Memorandum (No. 759-83).
The Department of Natural Resources and City Administration staff have taken prompt
actions resulting in the completed acquisition of seven (7) of the twenty-four (24) lots. To
date, $2,329,000 has been expended with the State funding $2,185,000 and the City funding
the difference of $144,000. The recent 1984 legislative session resulted in the State
approval and authorization of additional Save Our Coast bonds, portions of which, when sold,
will be allocated toward further purchases or condemnations to complete the 24-lot
acquisition.
The State Department of Natural Resources has prepared and submitted to the City a
project agreement, detailing the terms and conditions of the joint venture between the City
and State. The City Manager's Office and City Attorney's Office have reviewed the
agreement and concur that the agreement accurately sets forth provisions either previously
approved by Commission resolution, and thus already the substance of an implied agreement,
or provisions reasonable and necessary to assure the timely and orderly acquisition of the
24-lot parcel.
ADMINISTRATION RECOMMENDATION:
That the City Commission adopt the resolution authorizing the Mayor and City Clerk to
execute the proposed Save Our Coast agreement by and between the City of Miami Beach
and Department of Natural Resources.
RWP:RSL:ah
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AGENDA CI 2.1
- -A
ITEM.
DATE 7- /1 - 94
TO: Ron Lowy, Director of Intergovernmental Affairs July 18, 1984
FROM: Elaine M. Baker, City Clerk e>1/06/04e.l-
SUBJECT: Save our Coast agreement with the Florida Department of Natural
Resources for the acquisition of a 24-lot parcel between 77th and
79th Streets, Miami Beach, Florida.
Enclosed please find three (3) copies of the above noted agreement which has
been executed by the City,along with the authorizing Res. #84-17787 for
signature by the appropriate official at the State Department of Natural
Resources.
Please request that the blue backed copy be returned to Ronetta Taylor in
this office for our files.
Thank you,
• -
D '•
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FLORIDA DEPARTMENT OF NATURAL RESOURCES
SAVE OUR COAST PROGRAM
PROJECT AGREEMENT
Project No.
The State of Florida Department of Natural Resources,
hereinafter referred to as the DEPARTMENT, and the City of Miami
Beach, hereinafter referred to as the PROJECT SPONSOR, agree to
the following provisions relating to acquisition of real property
known as North Shore Park Addition and as described in Exhibit A
. attached to this agreement.
1 . The DEPARTMENT will act to acquire the property
according to the terms negotiated with the owners and approved
bY the governor and cabinet acting as the Trustees of the Internal
Improvement Trust Fund. The agreement for said purchase is
attached as Exhibit B.
2. The PROJECT SPONSOR agrees to provide up to $1, 400, 650,
(as itemized in City of Miami Beach Commission Memo #759-83) , for
the acquisition of the subject property, according to the following
terms and conditions:
A. The City will exercise its power of eminent domain
where necessary to acquire parcels in the tract and
will be responsible for all costs and attorney fees
associated with condemnation proceedings.
B. The City will be responsible for payment of all costs
awarded to the owner by the courts above the state
appraisal; except when any court award is 150 percent or
more of the appraised value, the City shall have the
options to purchase, seek other alternatives to
acquisition from the Trustees, or refuse the price and
not make the purchase, provided that such refusal to
purchase would not reduce the acquisition below 85
percent of the total 36 lots sought in the project. 3
AGENDA
ITEM
Page 1 of 4
DATE
C. Contracts must be executed or condemnation proceedings
started within six months of the date of this approval ,
or where State funds are not available, the condemnation
proceedings s must be commenced or contracts acquired
within six months of the approval of the additional funds
for acquisition. Should the State not approve the
further expenditure under this program, the City shall
not be responsible for acquisitions.
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3 .
In recognition of fulfillment of the financial commitment
pledged by the PROJECT SPONSOR, the DEPARTMENT agrees to the PROJECT
SPONSOR for public recreational use and management in accordance
with the management plan as amended, approved by the DEPARTMENT and
attached to this agreement as Exhibit C.
4 . The PROJECT SPONSOR agrees to construct, within 5 (five)
years from the effective date of this agreement, site improvements
and facilities on the property for public recreational use and for
protection of natural resources . Such improvements shall be in
accordance with the management plan, and all construction plans and
specifications are subject to approval by the DEPARTMENT.
5 . The PROJECT SPONSOR shall be responsible for development,
operation and maintenance of the property and all improvements for
the duration of the lease agreement, and will provide public
liability coverage in the form of insurance policies or self-
insurance for any claims resulting from the use of the property
or facilities. To the extent allowed by law, the DEPARTMENT shall
be held
harmless from anyclaims resulting from the development
or management of the property.
6 . The PROJECT SPONSOR shall not convert any of the project
area or facilities to non-recreational or other uses not included
in the management plan.
7 . The PROJECT SPONSOR shall erect a permanent sign on the
site which identifies the property and states that funds for
acquisition were provided by the Save Our Coast Program
administered through the Department of Natural Resources.
8 . The PROJECT SPONSOR agrees to designate a liaison agent
to be responsible for implementation of the provisions of this
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Page 2 of 4
►
a reement and for submission of semi-annual progress reports
agreement,
from the
effective date of this agreement until the requirements
of Paragraph 4 have been satisfied and the area is open for use
by the public.
9 . Forur ose of this agreement, Richard W. Froemke, Chief
P P
Office of Recreation Services, or successor is designated as the
Contract Manager for the DEPARTMENT and shall be responsible for
monitoring performance of the terms of this agreement.
10 . The PROJECT SPONSOR agrees to provide to the DEPARTMENT
annual attendance reports when the area is opened to the public.
The reports shall cover a periodbeginning be inning on July 1 and ending
on the following June 30 .
11.
In the event the PROJECT SPONSOR institutes a user fee
system for use of the property or any facilities within its
boundaries, the PROJECT SPONSOR agrees to impose such fees
uniformly amongall users, regardless of the political juris-
•
diction in which the user may reside.
12 . The DEPARTMENT shall have the right, through its agents
and employees, to inspect the project site and the facilities
thereon, at anyreasonable time. In addition, the DEPARTMENT
shall have access to all financial records relating to the
P
,
develo mentoperation and management of the project, and the
P
right to audit such records at any reasonable time.
13 . This agreement may be unilaterally cancelled by the
DEPARTMENT should the PROJECT SPONSOR refuse to allow public
access to all documents, papers,ap ers, letters or other materials made
or received in conjunction with this agreement, pursuant to the
provisions of Chapter 119 , F.S. Any inequities that may sub-
sequently appear a ear in this agreement shall be subject to negotiation
upon written request by either party, and the parties agree to
negotiate in good faith to resolve any differences.
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14 . For any year in which this contract extends beyond the
end of the DEPARTMENT fiscal year (June 30) , performance by the
DEPARTMENT under this contract shall be subject to and contingent
upon the availability of monies lawfully appropriated to the
DEPARTMENT for the purpose of this contract.
S
Page 3 of 4
15. The following special terms and conditions are in-
corporated into this agreement:
16. This agreement shall be binding on the heirs, successors
or assignees of each party.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed by the officers or agents thereunto
lawfully authorized, to become effective this /2' day of
)44:1 , 19 .
STATE OF FLORIDA PROJECT SPONSOR
DEPARTMENT OF NATURAL RESOURCES CITY OF MIAMI BEACH
BY: By: -�
Elton J. Gi s sendanner Mayor Malcolm H. FromberT-
Executive Director
ATTEST: ATTEST: 1 Alb
City Clerk
DNR Contract Manager DNR ontract Administr tor
DNR \U.t ne
FORM
APPROVE
LE3I\LDEPT.
Date.. .-.---
Page 4 of 4
All of Blocks 11 and 12, plus one-half interest in the
Atlantic Way on the East, Corrected Plat of Altos Del Mar
No. 1, Plat Book 31 , page 40 of the public records of Dade .
County, Florida and;
All of Blocks 5 & 6, plus one-half interest in the
Atlantic Wayon the West and extending Eastward to the Erosion
•• Mar No. 1, Plat
Control line. Corrected Plat of Altos Del
Book 31, page 40 of the public records of Dade County, Florida.
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PROJECT NAME : Miami Beach North Shore Open S pace
BLA ACQUISITION NO . : .
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CONTRACT FOR OPTION TO PURCHASE REAL PROPERTY .
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17th June
On this day of , 19 63 , A.D . ,
The City of Miami Beach , FloriCa, , hereinafter referred to as
" Seller" , party of the first part , in consideration of the sum of
One EunCred and No/100 ($100 . 00) Dollars as porion payment for
the option created herein , to be paid by the party of the second
part to the party of the first part at tire of receipt of the
State warrant by the party of the second part from the Office of
the Comptroller , and in consideration of t A e -.2=Lal covenants and
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agreene:ts contained in this Contract , doe` ^e= eby grant and con-
vey to the BOARD OF TRUSTEES OF THE INTERNAL I4:RC'JEMENT TRUST
FUND OF THE STATE OF FLORIDA, hereinafter referred to as "Boa,-d
of Trustees" , party of the second part , its successors and
assigns , the exclusive right and option to purchase the real pro-
perty described in Exhibit "A" of this agreement , together with
all buildings and improvements thereon, and all rights , heredi ta-
meats , easements and appurtenances thereunto be?ortging, upon the
terms and conditions hereinafter set forth . The Division of
State Lands of the Floirda Department of Nat::i?1 Resources ,
hereinafter called the "Division of State La n=s " , shall act as
agent o f the Board of Trustees in all matters of negotiation and
of review of documents provided for under this contract . r
1 . LEGAL DESCRIPTION - The real property , hereinafter referred
to as the "Property" , which is the subject of this Contract is
located in Dade County , Florida , and is legally described in
Exhibit ."A" attached hereto and by reference nade a part hereof . ,
2 .
OPTION TERMS - The "Option Period" commences on the date 8 •
___________
Option Payment is received by Seller and shall remain in
that. t he p y� t . , ...
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1 rmvv. ve kiii r y,, I (,i it .
t ': 0, 1 4 :hi'i i W' ti )
effect until and through tlic,2 29t.1.1 clay of June, 1933. T: Stiller shall
not sell, convey, encu�r ,er, or improve the property du irg the option
�
period created herein
This Option shall be exercised by posting written notice of such
exercise, by Certified Mail - Return Receipt Requested, to Seller at the
above address.
3. ?=-LA.SE PRICE -- The purchase price for the property herein shall
be the stn of One Million Four Hundred Forty Thousand and No/100 ($1,440,000.00)
Dollars. The final purchase price shall be adjusted based upon the
final survey prepared pursuant to Paragraph 26 herein, but in no event
shall the final purchase price exceed the sum of One ;•t.i l l io_. Four Hundred
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Forty Thousand and No/100 ($1,440,000.00) Dollars. The a;justren t shall
be afe taking into consideration the per square foot price of the
property as reflected in ai:hibit B attached hereto. and *q1 reference rrede
a part: hereof.
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4. SSR'S FESP•;NSIBILITIES -T Seller shall sub .i t the following items
to the Buyer and/or the Division of State Lards prior to closing:
A. The proposed general warranty deed for convey rg the Property;
B. Marketable title insurance co r igen t covering the Propsertv
the a=unt of the purchase price.
C. Beneficial Interest and Disclosure S tataTen is as r- r u i red by
Section 286.23, 375.031(1) and 380.08 (2) , Florida Statutes.
D. Certified Survey pursuant to Paragraph 26 here i.n. All materials
shall b sent to the Division of State Lands, as provide`.: in Paragraph
18 of this Contract.
5. DI'.TISICN OF STATE LANDS APPROVAL - Upon receipt of any of the
red .fired items, the Division of State Lands shall have ten (10) days in
which to object to the item received. Any item not objected to within c
the al lotted titre shall be deemed accepted by the Division of State
Lands. there the date for resular fission of corrected doc-...r-eents is later
than the original date required for submission, as pro--i`e.d in Paragraph
4, the Option Period shall be extended by the nu. .::ter of days by w h.�ch
such c r i j i r ial date is exceeded.
i
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If Seller fail3 to timely orovidr_ caid documents or to
timely satisfy objections to said documents , as provided below ,
they. the Division of State Lands may , at its exclusive election :
A . Extend the time for provision of therequired items by r
giving written notice of such extension to Seller , in which
event the Option Period shall be extended by an equal period of
time ;
3 . Where permitted by statute , satisfy the deficiencies ,
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and deduct from the purchase price the costs incurred or reasonably
anticipated by the Board of Trustees in connection with such
satisfaction , provided such deductions do not exceed the sum of
Five Thousand and No/100 Dollars ( $5, 000 , 00 ) , exclusive of any
taxes or assessments paid from Seller ' s escrooz account by the
Board of Trustees pursuant to Paragraph 6 of this Contract;
C . Terminate this Agreement by giving written notice of
such termination to Seller , in which event Seller - shall repay to
Ir.
the Board of Trustees ail amounts paid as consideration for this
Contract .
If the Division of State Lands elects to exercise 5 (A)
above , and Seller subsequently fails to provide the items
required in a form acceptable to the Division of State Lands
within the time provided , then the Division of State Lands may
again elect among 5 (A) , (3) , and ( C) above, at its exclusive
discretion .
. 6 . TVA.-.'S AND ASSESSnENTS -- All real estate taxes and assessments
which are or which may become a lien against the Property shall he
satisfied of record by the Seller at or before closing . As part
of closing , Seller shall place in escrow with the applicable
County Tax Collector an amount equal to the current taxes
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prorated to the date of the closing, based on the current
assessment and millage rates . This escrow fund shall be used to
pay for the ad valorem taxes when they become due and collec-
table . Sellers shall cooperate in the preparation and filing of
any papers neclesr,ary under Section 195. 295 , Florida Statutes , to •
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procure the cancellation of the remainder o ttaxes subgertuent to
the date of closing which would otherwise have been due for that
current year . All real estate taxes for the property for the
period prior to the date of closing shall be the responsibility
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of the Seller pursuant to the provisions of this Paragraph.
7 . CLOSING PLACE AND DATE - If the option gran ted hereby is
exercised in accordance with Paragraph 2 above , closing shall be at
an hour and place mutually agreed upon by Seller and the Division
of State Lands . The closing date shall be such date as the par-
ties may agree upon in writing , but not later than July 21, 1983.
9 . INTEREST CONVEYED - At the closing, the Seller shall execute. _
and deliver to the Board of Trustees or its assigns , a general
warranty deed provided by the Seller , conveying to the Board of r
Trustees an insurable and marketable title to the property
together with all timber rights , water rights , and mineral
rights , including oil and gas , with hereditaments and appurtenan-
ces thereunto belonging, in fee simple , free and clear of all
liens , encumbrances , leases , tenancies , and exceptions of record,
as well as those that exist and are known by the Seller or of •
which the Seller has constructive notice , but are not recorded in
theublic records , and all rights , title and interest of the
p
Seller
in and to anystreams , canals , water bodies , drainage
ditches , alleys , roads , streets , easement: of access and utility
right-of-ways , abutting or adjoining the Property .
9 . D^CUMENTARY STAMPS - The Seller will pay the documentary
.reve ue stamp tax or other transfer tax customarily imposed Loon the
_ �
Sall . - in the
erState of Florida , and the Board of Trustees shall
pav the remaining cost of recordation of the deed .
10 . - -TLE INSUP.At+CE - At closing , the Seller at Seller ' s expense
F
shall provide,�, l to the Board of Trustees an owner ' s marketable
.,
insurance policy from a mutually approved title insurance
.. � t
a - 7insuring marketable title to the property in the amount
of he final total purchase price . Such marketable title
i nsur .nceP of icy shalt conform to the terms of the insurance com--
::titr_r. _ nt ore
viousl.Y submitted to and accepted by the Divison of.
State Letnds •
Page
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11 . DISUURsEMENT OF FUNDS - The duly =xutho- izer. ag nt of the title
insurance company providing said title insurance shell disburse the
closing funds in accordance with the provisions of Section 627. 7841 ,
Florida Statutes , for title insurance coverage of the period between
the date of issuance of the title commitment and the recording of
title in the Board of Trustees . A State warrant +-
z the a►►touz ,. of
the purchase price shall be delivered, to the ac:ent of the title
company at the closing. Other provisions for insurance coverage
through the date of closing may be substituted for the preceding
provision if agreed upon in writing by the Seller and the
Division of State Lands prior to closing.
12. LOSS OR DAMAGE TO REAL PROPERTY - All loss or damage to the
Property shall be at the risk of the Seller until closing . In
the event that such loss or damage occurs , the Board of Trus tees
may , without liability , refuse to accept the conveyance of title ,
in which event any consideration paid on account of this Contract
shall to refunded , or the Board of Trustees alternatively may
elect to accept the conveyance of title to the ?=operty , or a•
portion thereof , in which case there shall be an equitable
a d j us t nen t of the purchase price based upon the change of cir-
cumstances .
13 . POSSESSION - The Seller shall deliver possession of the
Property to the Board of Trustees or its assigns at closing.
14 . RIGHT OF ENTRY *- The Seller agrees t:1at f ror7. the date hereof ,
o fficers , attorneys , and duly authorized agents of the Division
o f State Lands or the Board or Trustees upon reasonable notice to
Seller shall have the right and privilege of entering the
Property for all lawful purposes in connection with the acquisi-
t ion thereof . r
15 . CO:;nITION OF REAL PROPERTY - The Seller agrees that the
Property shall remain in the same condition as on the date of
e xecution of this Contract until and through the date of closing ,
natural wear and tear excepted , and that Seller will prevent and
refrain from any use of the said real property for any p;:rposo oi'
in any manner which
will adversely a f f eer the intended use or 12
5
purpose of the t3oa ::(1 oto Trustee :. Cor Pr op. rty , normal wear
and tear and Acts of God excluded . In the event of such actions ,
the Board of Trustees may , without liability , refuse to accept
the conveyance of title , in which event the consideration paid
under this Contract shall be refunded , or the Board of Trustees
alternatively may elect to accept the conveyance of title of the
Property or portions thereof; in which case ,`,, there shall be an
equitable adjustment of the purchase price based on the change of
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c it cu-:s fiances .
16 . SUCCESSORS IN INTEREST
A . The terms and conditions of this Contract shall apply to
and shall bind the heirs , successors and assigns of the Seller .
E When the option is exercised by the Board of Trustees to
_
r-- - se the Property , the terms and conditions herein shall
apply to and bind the heirs , successors and assigns of both the
Seller and Board of Trustees .
1 7 . LOSING DOCUMENTS - Seller shall be responsible for the
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preparation o f all closing documents , including deed and closing
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state tints and shall submit copies of sane to the Division of
State L''G .ZGa.S at least le ..st sevenn ( 7 ) days prior to closing .
Ie . `:OTICE TO PARTIES - Any notices required or permitted to be
given
bythis Contract shall be given or ..ade in writing and shall
De ServedP ersonally or , other than dur::ng a period of general
nto
irup�ion of postal services due to strike , lockout or other
_
pus e mailed in the United States by pr epairl, certified mail to the
Boa : '_ of Trustees at : Division of State Lands , Room 412 ,
Dep ��en r of Natural Resources , 3900 Commonwealth Boulevard ,
_ _r ,..,,
-,a la ' o Florida 32303 ; and to seller at : City of •Lia d Eeach,
_ .. � � � �asse .. ,
Y- - 1700 Convention Center., Attention. City ' L or :-_ , Eeach, Flor c2z.
.
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Any noP given in accordance with the provisions of this
para ' app shall ll be deemed to be effective , if delivered , on the
.. , _
aof such ' ver or i f mailed , upon the second day next
�3z _ _ dtli y -
following the date of mailing of such notice • Each party must
give ... o .. ice to the other p hearties of a change of its address for the
.
p Grp )
�, ..� of g i ':in .g notice under. this paragraph which therea ter13
6
*of this Contract.
19. ENTIRE AGr :i - This Contract contains the entire ag: en` between t h
parties pertaining to the subject matter contained in it and s-:c e rsejes all
prior and conterrpc raneous ayreemen i s, representations, and undy rs tan li ngs of
the parties. No supplement, modification or amendment to this Contract shall be
binding unless executed in writing by the parties here Lam;.
20. SES .. .-3I ITY - In the event any of the paragraphs or sections of this
Contract are caeemed to be unenforceable, sere sia?l not affect enforce-
ability cf -,:he rerrai ing paragraphs or sections of this Contract. r
21. ASS_C :::BILITY - This Contract may be assigned by the Buyer, in which event
the Buyer shall provide written notice to the Seller of such assign:an t.
22. TL' E OF ESSENCE - Tirre is of the Essence with regard to all dates provided
herein for performance of any obligations by either party. r
23. ATT'C-2.=,-rS The following Exhibits are attached hereto to and incororated
herein by reference: Exhibits "A" and "B".
24. GE= - Uhenever used in this Contract, the singular n :ber shall include
the plural, the plural the singular, and thie use of any gender s ?l l include the �.
other genders.
25. ;E' The Seller shall convey title to the real propertydescribed in
Exhibit ":-." of this Contract in accordance with the certified Tean high water
survey to be furnished by the Seller at Seller's expense, and which s',:_rvey shall
be in accordance.ce with Chapter 177, Florida Statutes, and apps; by the Bureau
of Survey and Mapping of the Division of State Lands.
26. ADDITIONAL CONSIDERATION - A.s additional consideration for the granting of
this option, the Board of Trustees agrees that it will arrange for the Flagship
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National Bay.:: of Miami, as Trustee under Land Trust No• 157232::, hereinafter
referred to as Trustee, to obtain from the Board of Trustees an exchange of
property under the following conditions:
In the event that any and/or all of the remaining airing -thirteen lots held in the name
of theee in the AL OS DEL MAR NO. 1 subdivision are not c'..:rchaseC� by the
T+us�. � -
Seller or e Eoard of Trustees within one year from the date of the closing of
t`:e transaction contemplated by this Option Ageerr nt, than, Ln that event,
t,':e Boars:, o= Trustees shall make available to the Trustee any surplus property
which the Uoard of Trustees may own and have available for sale which surplus
property ray be exchanged by Trustee for anv and/or all of the said thirteen
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lots.
This contract is subject to ratification by the Boar of Trustees.
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LECJ.L DESCRIPTIO:'.
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Lots 1 and 2 , Block 12 ;. Lot. 5 , Block 5 ;
. and Lots 5 and 6 , Block 6 , ALTOS DELz?,
NO. 1 , according to the Plat thereof ,
recorded in Plat Book 31 at Page 40 of
the Public Records of Dade County , Florida .
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Price Per
Parcel Square Fcot
Lots 1 & 2 , Block 12
$20 . 00
Lot 5 , Block 5 $23 . 00
Lots 5 & 6 , Block 6 $32 . 00
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PROD ECT NAME : Miami Beach North Shore Open Space
BLA ACQUISITION NO :
CONTRACT FOR OPTION TO PURCHASE REAL PROPERTY r
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Exhibit "C" is the Management plan by which the
City of Miami Beach will develop the recreation
potential of the Northshore Open Space project.
This Document is quite lengthy and consequently
will not be attached. However the document will
be on file in the Office of Recreation Services ,
Bureau of State Lands and Bureau of Land Aquisiton
and Development.
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RESOLUTION NO.,83-17555
RESOLUTION APPROVING SITE SELECTION AS TO
LOCATION OF NORTH SHORE PARK EXTENSION;
DECLARING ACQUISITION OF THOSE PROPERTIES
IDENTIFIED AND DESCRIBED AS ALL OF BLOCKS 11
AND 12 , PLUS ONE-HALF INTEREST IN ATLANTIC WAY
ON THE EAST, CORRECTED PLAT OF ALTOS DEL MAR
NO. 1, PLAT BOOK 31, PAGE 40, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA AND ALL OF
BLOCKS 5 AND 6, PLUS ONE-HALF INTEREST IN
ATLANTIC WAY ON THE WEST AND EXTENDING
EASTWARD TO THE EROSION CONTROL LINE,
CORRECTED PLAT OF ALTOS DEL MAR NO. 1, PLAT
BOOK 31, PAGE 40 , OF THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA, TO BE A PUBLIC
NECESSITY; AUTHORIZING THE ACQUISITION OF SAID
PROPERT IES BY PURCHASE, DONATION, OR THE
FILING OF EMINENT DOMAIN PROCEEDINGS AND
DECLARATION OF TAKING, AS NECESSARY.
WHEREAS , for reasons more particularly set forth in
Commission Memorandum No. 759-83 the City Commission desires to
approve the selection of all the privately owned property located
between Collins Avenue and the Atlantic Ocean and between 77th
Street and 79th Street in the records of the Florida Department of
Natural Resources, Tallahassee, Florida, as the site of the
location for the North Shore Park Extension; and
WHEREAS , for the purposes of extending the current North
Shore Open Space Park, the City of Miami Beach desires to acquire
several parcels of land located in the City of Miami Beach within
the area located between Collins Avenue and the Atlantic Ocean and
between 77th Street and 79th Street in the records of the Florida
Department of Natural Resources, Tallahassee, Florida; and
WHEREAS , the legal descriptions of the specific
properties to be acquired are:
All of Blocks 11 and 12, plus one-half
interest in Atlantic Way on the East,
Corrected Plat of Altos Del Mar No. 1, Plat
Book 31, Page 40 of the Public Records of Dade
County, Florida; and
All of Blocks 5 and 6 , plus one-half interest
in Atlantic Way on the West and extending
Eastward to the Erosion Control Line,
Corrected Plat of Altos Del Mar No. 1, Plat
Book 31, Page 40, of the Public Records of
Dade County, Florida; and
WHEREAS, the City Commission finds, determines and
declares that it is necessary to acquire fee simple title to the •
above-described properties for use in connection with extension of 1,
the North Shore Open Space Park; and
WHEREAS, the City Commission finds, determines, and
declares that the acquisition of the above-described properties is
a public necessity and is necessary, practical, and in the best
interest of the City of Miami Beach; and
WHEREAS, the City Commission finds, determines, and
declares that the acquisition of the above-described properties by
purchase, donation, or eminent domain proceedings is for the
public use and benefit,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA THAT:
1. This City Commission finds, determines, and declares
that the matter set out in the foregoing recitals are true and
correct and they are hereby incorporated as a part of this
Resolution.
2. The recommendation of the City Manager that all the
privately owned property located between Collins Avenue and the
Atlantic Ocean and between 77th Street and 79th Street in the
records of the Florida Department of Natural Resources,
Tallahassee, Florida, be selected as the site for the extension of
North Shore Open Space Park is hereby accepted and approved.
3. The recommendation of the City Manager as to the
acquisition of the site for the extension of the North Shore Open
Space Park is hereby accepted and approved.
4 . The City Commission declares that it is necessary to
acquire fee simple title to all of Blocks 11 and 12, plus one-half
interest in Atlantic Way on the East, Corrected Plat of Altos Del
Mar No. 1, Plat Book 31, Page 40, of the Public Records of Dade
County, Florida, and all of Blocks 5 and 6, plus one-half interest
,11
in Atlantic Way on the West and extending Eastward to the Erosion
Control Line, Corrected Plat of Altos Del Mar No. 1, Plat Book
31, Page 40, of the Public Records of Dade County, Florida.
5. This City Commission authorizes the City Manager and
the City Attorney, through their staffs or through special counsel
engaged for such purposes to acquire the above-described
20
properties through purchase, donation, or through eminent domain
proceedings, including declaration of taking through eminent
domain, subject to the conditions as set forth by Trustees of the
Internal Improvement Fund of the State of Florida instructions
more specifically that:
a) The City will exercise its power of eminent domain where
necessary to acquire parcels in the tract and will be
responsible for all costs and attorney fees associated with
condemnation proceedings.
b) The City will be responsible for payment of all costs awarded
to the owner by the courtabove the State appraisal; except
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when any court award is 150 percent or more of the appraised
value, the City shall have the options to ,
urchase seek
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other alternatives to acquisition from the Trustees, or
refuse the price and not make the purchase, provided that
such refusal to purchase would not reduce the acquisition
below 85 percent of the total 24 lots sought in the project.
c) Contracts must be executed or condemnation proceedings
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started within six months of the date of this approval, or
where State funds are not available, the condemnation
proceedings must be commenced or contracts acquired within
six months of the approval of the additional funds for
acquisition. Should the State not approve the further
expenditure under this program, the City shall not be
responsible for acquisitions.
PASSED and ADOPTED this 16th day of November, 1983.
MA R
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VACATIONLANL) U. S. A.-
P OF THE CITY MANAGER CITY HALL
Of1700 CONVENTION CENTER DRIVE
AOS W.PARKINS
CITY MANAGERTELEPHONE: 673-7010
COMMISSION MEMORANDUM NO
47.59-R3 •
DATE: November 16, 19313
TO: Mayor Malcolm H. F • . ., •
•
Mernbsn of the Comm •
Rob W. • ins ,
FROM: /
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City
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Sl16JECT.
STATUS REPORT ON NORTH SHORE PARCEL UNDER THE
"SAVE OUR COAST" PROGRAM
History
•
In 1981, the Miami Beach City Commission approved the submission of an application under
the State's "Save Our Coast" program. The "Save Our Coast" program is a land acquisition
which funds the purchase of beachfront property. Property acquired under the
program
program is converted into parkland for use by residents and tourists.
The City's application requested the State purchase the property known as the "North Shore
Parcel", a 9.81-acre, three-block tract, consisting of 1,100 feet of oceanfront land, located
between 76th and 79th Street, east of Collins Avenue. The "North Shore Parcel" is the last
remaining parcel of low density and undeveloped oceanfront land within the City of Miami
Beach.
Pursuant to State statutory requirements, three independent appraisals, paid for by the •
State, were completed on the property. It is important to note that the parcels were not
under-appraised, and in fact, two of the three appraisers expressed in their appraisal reports
that they based their highest and best use being "some sort of multi-family zoning; possibly
RM-60 or R M-125". The State's final report valued the 36-lot parcel at a maximum of 8.2
million dollars.
The submission of an application under the "Save Our Coast" program does not however,
guarantee selection and funding. Hundreds of millions of dollars worth of applications have
been submitted representing dozens of parcels. The Governor and Cabinet have so far only
authorized funds for eight projects. After a long lobbying campaign by the City of Miami
Beach, the Miami Beach Chamber of Commerce, the Committee Against Hi-Rise Rezoning,
the Miami Herald, Dade County Commissioner Harvey Ruvin and our. State Legislators, the
Governor and Cabinet authorized the "North Shore Parcel" for funding and acquisition.
The Cabinet, however, is without eminent domain powers and has established, after
negotiations with the City Administration, the following conditions upon which formal
acceptance by the City Commission will cause the State to purchase the first seven lots
under the program at a cost of 2.2 million dollars.
CONDITIONS FOR APPROVAL OF PROJECT
1. The City will exercise its power of eminent domain where necessary to
acquire parcels in the tract and will be responsible for all costs and
attorneys' fees associated with condemnation proceedings.
continued...
COMM. MEMO. PAGE TWO NOVEMBER 16, 1983
CONDITIONS FOR APPROVAL OF PROJECT (continued)
2. The City will be responsible for payment of all costs awarded to the owner
by the owner above the State appraisal; except when any Court award is
150% or more of the appraised value, the City shall have the options to
purchase, seek other alternatives to acquisition from the Trustees, or refuse
the price and not make the purchase, provided that such refusal to purchase
would not reduce the acquisition below 85% of the total 36 lots sought in the
project.
3. Contracts must be executed or condemnation proceedings started within six
months of the date of this approval, or where State funds are not available,
the condemnation proceedings must be commenced or contracts acquired
within six months of the approval of the additional funds for acquisition.
Should the State not approve the further expenditure under this program,
the City shall not be responsible for acquisitions.
Should the City not accept these conditions by November 29, 1983, this
offer is null and void and North Shore Open Space is removed from the "Save
Our Coasts" list.
The Miami Beach Planning Board passed a motion at its September 27, 1983 meeting urging
the Miami Beach City Commission to proceed with acquisition of the subject property.
Analysis:
As the State approved "North Shore Parcel" Management Plan notes, Miami Beach's
shoreline is characterized by hi-rise development commonly referred to as a concrete
canyon. Acquisition of the subject property would enable the City to preserve open space
and provide much needed recreational amenities along the City's congested oceanfront. The
property would provide vital linkages between existing parkland, the newly renourished
beach, and the Beachfront Park and Promenade. The site would become the link between
North Shore Open Space Park to the north and North Shore Park to the south, forming a
unified park system. Unless this property is acquired for public use as soon as possible,
these linkages will be lost forever.
It should be noted that owners of 13 of the 36 lots have agreed to sell at the appraisal price
and have signed option agreements or are willing to sign agreements immediately. These
willing sellers represent 3,391,000 dollars in appraised property which the City will not have
to condemn.
An additional three lot owners constituting 415,750 dollars in appraised property have
expressed interest in selling at the appraised price. For the purpose of conservatively
determining an upside liability on the part of the City however, these three lots have been
included in the "unwilling sellers scenario".
A Financial Analysis of the Florida Cabinet's conditions shows that in a worse case scenario,
with all unwilling sellers continuing to refuse to sell, continuing to refuse life estates and
receiving judgments of 150% of the State's appraisal on all lots the City could incur the
following upside liabilities:
Fifty percent (50%) of 150% judgments $1 ,414,000
Legal fees and court costs at 20% of 23 lots 1 ,435,700
at 150% of appraised value
TOTAL COSTS $2,849,700
While this is the reasonable worst case upside liability the City could incur, it should be
made clear that City funding for this potential liability would occur over a period of years.
One of the Cabinet's conditions is that the City shall only be required to execute purchase
agreements or start condemnation proceedings upon the State's making available funds up to
the appraisal price of the affected lots. The structure of the "Save Our Coast" program is
one based on the issuance of bonds on a 25 million dollar yearly increment. Due to program
funding commitments throughout the State, It is unlikely the Cabinet can allocate more than ,,
2.5 million dollars a year to the "North Shore Parcel". It would therefore take a minimum of `�
three to four years to receive all State funds. The City can therefore spread its potential
liability over these years. •
COMM. MEMO. PAGE THREE NOVEMBER 16, 1983
It is also probable that a number of property owners will reconsider their hardline stance and
accept life estates. All properties upon which life estates are authorized need not be
condemned and thus no City expenditure required. Additionally, condemnation judgments
are based upon evidence and the City will be able to show at least 13 recent sales of
comparable parcels at the State's appraised amount. As a majority of the appraisals were
for multi-family zoning, it is therefore unlikely that excessive judgments will be granted.
State rules and regulations also require that appraisals be updated every two years. New
appraisals could increase the State's funding over current levels to amounts acceptable to
the unwilling sellers. The Cabinet however, retains the option to not allocate additional
funds for acquisition over the 2.2 million dollars presently in escrow for Miami Beach but
the City shall then not be responsible for acquisitions and need incur no financial liability.
The City Administration in its attempt to limit liability to the greatest degree has requested
the State of Florida Department of Natural Resources to suggest modifications to the
acquisition plan which it believes would be acceptable to the City and Florida Cabinet.
Dr. Elton Gissendanner, Executive Director of the Department has suggested and agrees to
support temporarily dividing the "North Shore Parcel" into two parcels exactly like the
division the unwilling sellers proposed when they petitioned the Historic Preservation Board
in August, 1983. This is a division into one parcel of 24 lots from 79th Street to 77th Street
and another parcel comprised of 12 lots between 77th Street and 76th Street. (This petition
to have the parcel between 79th Street and 77th Street designated as an historic site failed
because more than 50% of the owners of the 24 lots were opposed.)
Dr. Gissendanner has agreed to support this temporary division and to request the Cabinet,
at its November 17, 1983 meeting to apply their conditions only to the 24-lot parcel at this
time. Approval by the City and the Cabinet of this division would limit the City's financial
liability -in a worst case scenario as follows:
50% of 150% judgments $ 652,750
Legal fees and court costs at 20% of 11 lots 747,900
at 150% of appraised value
TOTAL COSTS $1 ,400,650.
Under the divided or "revised North Shore Parcel" 54% of the lots would be under contract
or available under contract with an additional 12% possible and likely. While the 76th Street
parcel would not be under contract or required for condemnation, the City has negotiated an
agreement with Mr. Emil Morton, owner of 10 of the 12 lots constituting the 76th Street
parcel, to sign a contract with the City giving Miami Beach the right or first refusal to
purchase this land. The City Commission can therefore defer finalizing an acquisition plan
for the 76th Street parcel without exposing the City of Miami Beach to financial obligation
at this time.
On a comparison basis to other "Save Our Coast" projects around the State, City's
Cit 's
financial participation is the smallest on a percentage basis. In all other approved projects
local governments were required to pay a portion (usually 20% to 50%) of the appraised
price. In the "North Shore Parcel" the City is not being requested to pay any funds up to the
appraisal price.
Basedupon the November 29, 1983 deadline imposed by the Florida Cabinet, City
Commission approval or rejection of the project conditions need occur at the November 16,
1983 City Commission meeting.
ADMINISTRATION RECOMMENDATION:
That the City Commission approve dividing the "North Shore Parcel" into two parcels as
described in the Commission memorandum; and issue a Resolution authorizing eminent I>
domain and accepting the Cabinet conditions as set forth at the September 20, 1983 Florida
Cabinet meeting but limiting application of the Resolution only to the 24-lotarcel from
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79th Street to 77th Street east of Collins Avenue.
RWP:RSL:gjg
24
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ON, FLO IDA 33139
�C11'4
i*yNCORPIORATED "V A CA TIONL A NL) U. S. A. "
OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO.4:20 q
DATE: July 11, 1984
TO: Mayor Malcolm H. F fg . •
Members of the Pity Comm'. io
FROM: Rob W. Parkin17
City Manager
SUBJECT: AMENDED AGREEMENT WITH THE MIAMI BEACH DEVELOPMENT
EVELO MENT
CORPORATION TO EXTEND THE EXPIRATION DATE OF THE HOTEL
REHABILITATION PROGRAM
The Miami Beach Development Corporation (MBDC) received $50,838 in funding under
the City's Year Eight (FY 82-83) Community Development Block Grant (CDBG)
Program to carry out a program with the objective of providing technical assistance to
hotel owners interested in rehabilitating their properties. During the initial phase of
this program, MBDC researched the market conditions on Miami Beach, identified
potential private and public funding sources, and surveyed and made direct contact
with numerous hotel owners.
MBDC was granted an extension to this program. The extension provided $44,867 in
additional CDBG funds for a six month period; January 1, 1984 to June 29, 1984. The
amended contract established several specific objectives.
MBDC has carried out a promotional campaign aimed at hotel owners, developers, and
private lenders with the intent of generating future investment commitments and
proposals for Urban Development Action Grant (UDAG) funding.
At this point in time, it has been determined that the program can continue to operate
beyond the scheduled June 29, 1984 expiration date, without the need for additional
funds.
ADMINISTRATION RECOMMENDATION:
The Administration recommends approving the amended Agreement with the Miami
Beach Development Corporation to extend the expiration date from June 29, 1984 to
September 30, 1984 without an authorization of additional funds.
RWP/GAK/an
2 5
AGENDA
ITEM -1-1— e
DATE
ORIGINAL
RESOLUTION NO. 84-17787
(Authorizing the Mayor and the City
Clerk to execute on behalf of the City
a Save Our Coast Agreement with the
Florida Department of Natural Resources
for the acquisition of a 24-lot parcel
between 77th and 79th Streets, Miami
Beach, Florida)