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RESOLUTION 87-18953 RESOLUTION NO. 87-18953 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING ACCEPTANCE OF A SETTLEMENT OFFER WITH LAURENCE OSTROW IN THE AMOUNT OF $285,000.00 FOR THE ACQUISITION OF LOTS 3 AND 4, BLOCK 101, OCEAN BEACH ADDITION NO. 3, PLAT BOOK 2, PAGE 81, PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AT 232-242 MICHIGAN AVENUE FOR THE SOUTH BEACH ELEMENTARY SCHOOL LAND ACQUISITION PROJECT. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA; WHEREAS, the City Commission of the City of Miami Beach is desirous of purchasing property surrounding the Dade County School Board property located in the redevelopment area; and WHEREAS, the City Commission of the City of Miami Beach adopted Resolution No. 86-18369 on February 5, 1986, authorizing the City Manager to initiate procedures for clearance of bond funds to purchase the property surrounding the South Beach Elementary School; and WHEREAS, the City Commission authorized the City Attorney and the City Manager to proceed with negotiations and methods to accomplish the purchase; and WHEREAS, the City Commission of the City of Miami Beach adopted Resolution No. 86-18563 on September 3, 1986, appropriating $2,300,000 in available funds from the reallocation of bond funds to the South Beach Elementary School Land Acquisition Project; and WHEREAS, the City Commission of the City of Miami Beach adopted Resolution No. 86-18712 on December 17, 1986, authorizing execution of the Acquisition Agreement between the City of Miami Beach and the Dade County School Board for the approved expansion and reopening of the South Beach Elementary School; and WHEREAS, the City Administration has negotiated the purchase price of $285,000.00 for the described property; and WHEREAS, the funding for this project is to be taken from the reallocation of Bond Fund 351 and placed into the South Beach Elementary School Land Acquisition Project Work Order No. 2970. NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT: 1. The recommendation of the City Manager and staff as to the purchase price of $285,000.00 for Lots 3 and 4, Block 101, Ocean Beach Addition No. 3, Plat Book 2, Page 81, Public Records of Dade County, Florida for the South Beach Elementary School Land Acquisition Project is hereby accepted and approved. 2. Funds in the amount of $285,000.00 be appropriated from Bond Fund 351 and placed into Work Order No. 2970, increasing the Work Order to $2,585,000. PASSED and ADOPTED this 2nd day of September 1987. / ,( 4 _ i i ►:yor Attest: 27) 'f:(,)EZ;'+fl APPROVI2D LEGAL City Clerk Dat`__._.� •�/ APPROVED AS TO FORM: Legal Department Dated OFFER FOR SALE In consideration of the sum of $10.00, receipt of which is hereby acknowledged, we hereby offer to sell to the City of Miami Beach, for the price of two hundred eighty-five thousand ($285,000.00) Dollars, the following described property commonly known as: 232-242 Michigan Avenue, Miami Beach, Florida. Legally described as: Lots 3 and 4, Block 101, Ocean Beach Addition No. 3, according to the Plat thereof, recorded in Plat Book 2, at Page 81, of the Public Records of Dade County, Florida. The sum of two hundred eighty-five thousand ($285,000.00) DOLLARS is compensation in full for the described property, free of all encumbrances, including liens, mortgages, judgments, contracts for the payment of money, real estate taxes and other governmental levies for all prior years. Seller shall be responsible for documentary stamps, including surtax, and his own attorneys fees. Real estate taxes and prepaid rents shall be prorated to the date of closing. All improvements on the described property are included in this offer. This offer for sale is made on the understanding that eminent domain proceedings are about to be instituted as to this property; consequently, this agreement is made to forestall protracted litigation. We understand that this offer is subject to approval of the City Commission of the City of Miami Beach and it can be accepted only by Commission Resolution authorizing same. Delivery of possession shall be after payment of the above amount unless written consent to an extension is received. This sale is subject to the following special conditions: 1. The seller shall leave all fixtures and appliances currently existing on the premises. 2. The foregoing is subject to tenants in possession and such leases as the tenants may have. Seller agrees not to enter into any written leases after the date of this offer. 3. Seller's delivery of good and marketable Title. This offer for sale is irrevocable for a period of thirty (30) days from this date. DATED s � day of ! ece, /4ami Mi'sE FLORIDA 3 3 1 3 9 $ * {NCORP GRATED *: VA CA TIONL A NL) U. S. " ,p s OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. 5.'1 S-b°7 DATE: September 87 TO: Mayor Alex Da. . and ` Members o e City Com Issi 4/7fir -J FROM: Rob W. Par 'ns Irk*City Manager SUBJECT: AUTHORIZING THE ACCEPTANCE OF A SETTLEMENT OFFER WITH LAURENCE OSTROW FOR THE ACQUISITION OF 232-242 MICHIGAN AVENUE, MIAMI BEACH, FLORIDA, IN THE SOUTH BEACH ELEMENTARY SCHOOL LAND ACQUISITION PROJECT BACKGROUND: The City Commission of the City of Miami Beach adopted Resolution No. 86-18369 on February 5, 1986, authorizing the City Manager to initiate procedures for the clearance of bond funds to purchase the property surrounding the South Beach Elementary School, and further, authorized the City Attorney and the City Manager to proceed with negotiations to purchase the various properties designated for the South Beach Elementary School Land Acquisition Project. CURRENT STATUS: The City Administration has met with Laurence Ostrow, owner of the property located at 232-242 Michigan Avenue, Miami Beach, Florida (Lots 3 and 4, Block 101, Ocean Beach Addition No. 3, Plat Book 2, Page 81, Public Records of Dade County, Florida). The negotiations with the property owner has resulted in an offer in the amount of $285,000.00 (copy of offer attached). The Land Use and Development Committee, at its meeting of Wednesday, August 26, 1987, reviewed the proposed offer and acquisition of the property. ADMINISTRATION RECOMMENDATION: The City Administration recommends that the City Commission approve the settlement offer and adopt the attached Resolution authorizing the acquisition of 232-242 Michigan Avenue, Miami Beach, Florida, Lots 3 and 4, Block 101, Ocean Beach Addition No. 3, Plat Book 2, Page 81, Public Records of Dade County, Florida, for $285,000.00 Funds for this acquisition are to be appropriated from Bond Fund 351 into Work Order No. 2970, increasing the appropriation to $2,585,000. RWP:WHH:blb Attachments 4.7 • elat 24 AGENDA ITEM _ • DATE ORIGINAL RESOLUTION NO. 87-18953 (Authorizing acceptance of a settlement offer with Laurence Ostrow in the amount of $285,000.00 for the acquisition of Lots 3 and 4, Block 101, Ocean Beach Addition No. 3 Plat Book 2, page 81, Public Records of Dade County, Florida, at 232-242 Michigan Avenue for the South Beach Elementary School Land Acquisition Project)