RESOLUTION 91-20284 RESOLUTION NO. 91-20284
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING EXECUTION OF A
FIRST AMENDMENT TO THE SALES AGREEMENT WITH MILTON
LAVERNIA FOR SALE OF PARCELS 2 AND 3 IN NORMANDY
ISLE, TO EXTEND THE TIME TO CURE THE DEFECTS IN
TITLE AND THE TIME TO CLOSE.
WHEREAS, pursuant to Resolution No. 90-20010, the City of
Miami Beach ("City") entered into a Sales Agreement (the "Sales
Agreement") on June 5, 1990 with MILTON LAVERNIA (the "Purchaser")
for the sale of Parcels 2 and 3 in Normandy Isle; and
WHEREAS, the Sales Agreement provided for title defects to be
cured within thirty (3 0) days from notification of said defects;
and for the closing to take place within sixty (60) days of the
approval of said Sales Agreement by the City Commission; and
WHEREAS, the City is still in the process of curing certain
defects in title and as such the deadlines to cure these defects
and to close have passed; and
WHEREAS, the parties wish to amend the Sales Agreement to
extend the time to cure these defects in title to a date equal to
ninety (90) days from the date of execution of this First Amendment
by both parties and to extend the closing date to thirty (30) days
from the date said title defects are cured; and
WHEREAS, the City Manager has recommended this First Amendment
and the City Attorney has approved it as to form.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and the City Clerk
be and they are hereby authorized and directed to execute said
First Amendment in the name of and in behalf of the City of Miami
Beach, Florida.
PASSED and ADOPTED this 8th day of May , 1991.
ATTEST:
City Clerk 17 %
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$*�INCORP�'ORATED)* "V A CA TJONL A NIS U. S. A. "
OFFICE OF THE CITY MANAGER CITY HALL
1700 CONVENTION CENTER DRIVE
TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. /33-9J
DATE: May 8, 1991
TO: Mayor Alex Daoud and
Members of the City Commission
FROM: Carla Bernabei Talarice
City Manager
SUBJECT: FIRST AMENDMENT TO THE SALES AGREEMENT WITH MILTON
LAVERNIA FOR SALE OF PARCELS 2 AND 3 IN NORMANDY ISLE,
TO EXTEND THE TIME TO CURE THE DEFECTS IN TITLE AND THE
TIME TO CLOSE
BACKGROUND:
Pursuant to Request for Proposals (RFP) No. 73-89/90, the City
Administration recommended to the City Commission the sale of
surplus property located at 1195 and 1205 North Shore Drive on
Normandy Isle. These parcels, also known as Parcels 2 and 3 in
the RFP and described on the attached copies of surveys, were
formerly used as a trash transfer station.
In accordance with City Commission Resolution No. 90-20010,
approved June 6, 1990, the City of Miami Beach entered into a
Contract of Sale with Mr. Milton Lavernia for the purpose of
constructing two (2) single family detached residential dwellings,
one on each parcel, to accommodate uses compatible with the
surrounding land use. The Contract of Sale anticipated a closing
date within sixty days of its approval by the City Commission.
However, a defect upon the title to the property was discovered,
requiring additional time to cure.
PROVISIONS:
This First Amendment to the Contract of Sale provides for an
extension of time of ninety (9 0) days from the date of execution
of the First Amendment for the Seller (City) to cure the title
defects and to extend the closing date to thirty (30) days from the
date the title defects are cured.
RECOMMENDATION:
The City Administration recommends that the City Commission approve
the attached resolution authorizing the Mayor and City Clerk to
execute the First Amendment to the Contract of Sale of Parcels 2
and 3 on Normandy Isle, to extend the time to cure the defects in
title and the time to close.
CBT. rYHH.AAM
20
AGENDA •
ITEM_
G1 l
DATE
FIRST AMENDMENT TO SALES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND MILTON LAVERNIA
This First Amendment to Sales Agreement ( "First Amendment" )
made and entered into this 15th day of May , 1991 by and
between the City of Miami Beach, a Florida municipal corporation
(hereinafter referred to as "City" ) , and Milton Lavernia
(hereinafter referred to as "Purchaser" ) .
WITNESSETH
WHEREAS, pursuant to the Resolution No . 90-20010 , City
entered into a Sales Agreement (the "Sales Agreement" ) on June 5 ,
1990 with Purchaser for the sale of Parcels 2 and 3 in Normandy
Isle ( as more particularly described in the Sales Agreement) ; and
WHEREAS, the Sales Agreement provided for title defects to
be cured within thirty ( 30 ) days from notification of said
defects and for the closing to take place within sixty ( 60 ) days
of the approval of said Sales Agreement by the City Commission of
the City; and
WHEREAS, the City is still in the process of curing certain
defects in title described in Section 1 below (the "Title
Defects " ) and as such the deadlines to cure the Title Defects and
to close have passed; and
WHEREAS, the parties wish to amend the Sales Agreement to
extend the time to cure the Title Defects to a date equal to
ninety ( 90 ) days from the date of execution of this First
Amendment by both parties ( the "Effective Date" ) and to extend
the closing date to thirty ( 30 ) days from the date said Title
Defects are cured;
NOW, THEREFORE, the City and the Purchaser in consideration
of the mutual covenants and agreements herein contained and other
good and valuable consideration the receipt and sufficiency of
which is hereby acknowledged, agree as follows :
1 . Notwithstanding Paragraphs 9 and 11 of the Sales
Agreement, Seller shall have a period of 90 days from the
Effective Date to cure the Title Defects . The Title Defects
constitute the following:
( a) Declaration of RESTRICTIVE COVENANT contained in
that Warranty Deed from Mortimer C . Gryzmish and Florence L.
Gryzmish, his wife, to the City of Miami Beach, filed May 15 ,
1937 in Deed Book 1804 , at page 64 , Public Records of Dade
County, Florida .
(b) Reservations contained in Deed from Trustees of
the Internal Improvement Fund of the State of Florida to Normandy
Beach Property Corporation dated May 8 , 1930 filed May 14 , 1930 ,
in Deed Book 1381 , at Page 525 , Public Records of Dade County,
Florida, reserving onto the Trustees of the Internal Improvement
Fund of the State of Florida a 3/4 interest in all phosphates ,
minerals and metals and a 1/2 interest in all petroleum; with the
privilege to mine and develop same .
(c ) Any other matters which arise prior to the closing
but subsequent to the effective date set forth in Chicago Title
Insurance Company Proforma Title Commitment No . 7142 which affect
marketability of title .
Failure of Seller to cure the Title Defects within such 90 day
period shall give Purchaser the option of ( i ) terminating the
Sales Agreement within 30 days thereafter and receiving a return
of his deposit within 10 days after City receives written notice
of termination, or ( ii) extending the time period for curing the
Title Defects for a period acceptable to Purchaser and Seller. •
Closing shall take place within 30 days following the end of the
time period described above for curing the Title Defects .
2 . Purchaser hereby agrees and confirms that City has
complied with all terms, conditions and requirements of the Sales
Agreement other than curing the Title Defects , and hereby agrees
that the sole and exclusive remedy of Purchaser, in the event
City is unable to cure the Title Defects , is return of its
deposit .
3 . Except as modified by the terms of this First
Amendment, all terms and conditions of the Sales Agreement are
hereby ratified and confirmed.
IN WITNESS WHEREOF, the undersigned have hereunder set their
hands and seals this 15th day of May , 1991 .
Signed, Sealed and Delivered CITY OF MIAMI BEACH
in the presence of :
4(
ir
te2cleca-0,
Attest :
L-17-471- -4;/ fff/
raAcAAt2( es- Li-tow--
As to City City Clerk
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/12 ,1,1,W (krk-/A& /e/i/r
As to Purchaser Milton Lavernia
//
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Commence at the Northwest corner of Tract 46A,NORMANDY GOLF COURSE SUBDIVISION,
according to the plat thereof
recorded in Plat Book 44,at Page 62,Public Records of Dade County,Florida,said point
also known as the Northwest corner
1.r of Lot 18,subdivision of Tract 46A,of the NORMANDY GOLF COURSE SUBDIVISION,Plat Book 55, Page 95, Public
Records of Dade County,Florid thence from the Northerly line of Tract 46A deflecting 79.36'34'to the left to the tangent of
a central angle 9'07'46'and a radius of 2225.00 feet and runs along the arc of
�� a circular curve,concave to the havingF BEGINNING,thence continue said circular cave concave to the
•' said curve for a distance of 35453 feet to the POINT O
. Southeast,having central angle of 01.52'23'and a radius of 2225.00 feet for an arc distance of 72.73 feet to point,said point
II being the Southwest comer of a tractof land as Parcel 1,thence run north 85 12'37'Eau for a distance of LS2.11 feet
to a point,said point being the Southeast corner of said Parcel 1;thence run along a compound curve,coonK to the Southeast r
having a central angle of O2'12'32'and a radius of 544.71 feet for an arc distance of 21.00 f run aloe*said compound
; curve having a central ati�e
of 15'1T24 and a radius 0(288.11 feet for an arc distance of 76.46 feet to a point;thence run North
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85.44'37 West for a distance of 145.73 feet to the POINT OF BEGINNING,said lands located.lying and being in the City of
,CITY OF MIAMI BEACH-1
:1- . o Miami Beach,Florida and coattails 12008 square feet more or less. .
I HEREBY CERTIFY:that the attached SKETCH OF SURVEY of the above desc:z�bed property is tine and correct to the best
FLORIDA 11
,,..„ of my knowledge and belief as recently surnyed and platted under my direection,also that there are no vwible encroachments
��K N Mit� 'N M�•�I�1 �� •�r�1 1�•�i 11wMM
.� unless shown.This survey
meets the Minimum Technical Standards set by the FLORIDA BOARD OF LAND SURVEYORS �,�,�.,,. L „s. .�.. •p<; 472027(F,S.)and Chapter 21 HH 6 of the Florida Adm° Code. JJ v�so.►rs p.Qtt1�1�• p.... �s,�ow..ae.a.�® 1411104
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'...,v Comte at the Northwest corner of Tract 46A,NORMANDY GOLF COURSE SUBDIVISION.according to the plat thereof
nxorded in Plat Book 44,at Page 62,Public Records of Dade County,Florida,said point also known as the Northwest carter
;,0 of Lot 111.subdi 'vision of Tract 46A,of the NORMANDY GOLF COURSE SUBDIVISION,Plat Book Wage 95.Public Records
''' of Dade Caanty,Florida:thence from the northerly fine of said tract 46AA,deflecting 79.36'34 to the kft to tangent of a circular
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curve concave to the southeast,having a central angle of 7'3'24`and a radius of 2225.00 feet and runs along the arc of said corn
for a.as tante 01 281.80 foot to the POINT OF BEGINNING.thence continue along said circular carve concave to the southeast
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having a central task of 1.522.3'and a radius of 2225.00 feet for an arc distance of 72.73 feet to a point said point being the
A southwest corner of a tract of land described as Parcel 2:thence run South 85•44771 East for a distance of 143.73 feet to a point,
r said point being the ng corner of said Parcel 2:thence run aloft the arc of a curve concave to the ant,having a central e
"� .as,*of 36.57'56'and a radius of 288.11 feet fora of 85.31 feet to a point:thence run North 81.42'15'West for a
41distance of 167.79 feet to the POINT OF BEGINNING. Said lands located,lying and bang in the city of Miami Bch,FIoci
and 1202 square feet more or less:-'•,j t.•-
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I HEREBY CERTIFY:that the attached SKETCH OF SURVEY of the ab ve described property is true and corral to the best ;
FLORIDAµ .of my and belief as recently surveyed and platted under my also that there are no visible encroachments
,4 unless diem This sem meets the Minimum Technical Standards set by the FLORIDA BOARD OF LAND SURVEYORS _.
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JOSE CASTRO, ESQJIE
- SAWYER, JOHNSTON, DlI•''Y:,J'r Mershon, Sawyer, Johnston, Dunwody & Cole if:4;
SOU1E,S—(. FlNA~ItlACEtiJFR
�f,, Southeast Financial Center r�
`00 SOUTH B I SC YN E t30!_)L F` JJ,N D
200 South Biscayne Boulevard �'
MIAMI, FLORIDA 33131 OF. 152161)C1209 Florida 33131FNNE, 353-51C0 REC.
Phone: 353-5100 ,.,
SPECIAL WARRANTY DEED
re)
THIS INDENTURE, made this �rd dayof 0c4a6� 1 1 r
, 99 from
CITY OF MIAMI BEACH (the "Grantor" ) , whose address is 1700
Convention Center Drive, Miami Beach, Florida 33139 , to MILTON
LAVERNIA ( the "Grantee" ) , whose mailing address is 1401 S .W. 8th
Street, Boca Raton, Florida 33486 . ce
rrni
WITNESSETH THAT:
Grantor, for and in consideration of the sum of Ten and
No/100 Dollars ( $10 . 00 ) and other good and valuable
considerations to it in hand paid by Grantee, the receipt whereof
is hereby acknowledged, has granted, bargained and sold to
Grantee, and Grantee ' s heirs and assigns , forever, the real
property in the County of Dade, State of Florida, described as
follows ( the "Land" ) :
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
DOCSTPNDEE 1,572.00 SURTAX 1,179.01
SUBJECT TO: MARSHALL ADER, CLERK DADE' COUNTY, FI
Taxes for the year 1991 and thereafter, zoning and
other regulatory laws and ordinances affecting the
Property, restrictions, dedications, covenants , and
easements of record, if any.
Together with all tenements , hereditaments and appurtenances
thereto belonging or in anywise appertaining.
To have and to hold the same in fee simple forever.
And the Grantor hereby covenants with said Grantee that the
Grantor is lawfully seized of the Land in fee simple; that the
Grantor has good right and lawful authority to sell and convey
the Land, and hereby warrants the title to the Land and will
defend the same against the lawful claims of all persons claiming
by, through or under the said Grantor.
IN WITNESS WHEREOF the Grantor has caused these presents to be
executed in its name, and its corporate seal to be hereunto affixed,
by its proper officers thereunto duly authorized, the day and year
first above written.
SIGNED, SEALED and DELIVERED CITY OF MIAMI BEACH
in the presence of :
(1.40-4-46L-->
By: _ .
Print Name: JoCprra fCe Y O R .
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Y CITY CLERK {`
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Print Nar: Ockc C tki FORM APPROVED
LEGAL DEPT.
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STATE OF FLORIDA Ric'
SS:
COUNTY OF DADE )
The foregoing instrument wa- acknow ed before me this \3
day of October, 1991 by 574-'( 4 ' ,,;,m6 as'Mayor .f e City Qf
Miami Beach, on behalf of the City o' ' and Beach
41" i . „Imagist, '.
,A4.--4--#' t. . ..:'
NOTARY UBL I C ■fir.�r 0 '•
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STATE OF FLORIDA f`'
) SS: ''''"f"' I a—.j .. ' 1 Al ""f•ift e,.• •-•::1,l''•
COUNTY OF DADE )
The foregoing instru ent was acknowledged before me this --3 (/* /
dayof October, 1991 byf:/citAyc,f F v ..it as City Clerk fox the
City of Miami Beach, on behalf o he . .
A :,..,,,.,......City f rami Beach.
f
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NOTARY PUBLIC .'
Print Name: r),. .c) ,1_ Li .� e E-o I? •''.►. 0 '•;,V.
MyCommission Expires : . -" '"�
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{ EXHIBIT "A"
[FC:
.1521 6PCI21 I
Commence at the Northwest corner of Tract 46A,NORMANDY GOLF COURSE SUBDIVISION,according to the plat there
recorded in Plat Book 44, at Page 62, Public Records of Dade County, Florida, said point also known as the Northwest con
of Lot 18, subdivision of Tract 46A, of the NORMANDY GOLF COURSE SUBDIVISION, Plat Book 55, Page 95, Put
Records of Dade County, Florida; thence from the Northerly line of Tract 46A deflecting 7996'34' to the left to the tangent
a circular curve, concave to the Southeast, having a central angle 9.0746'and a radius of 2225.04 feet and runs along the arc
said curve for a distance of 35433 feet to the POINT OF BEGINNING,thence continue along said circular curve concave to t
Southeast, having a central angle of 01.52'23' and a radius of 2225.00 feet for an arc distance of 72.73 feet to point, said po
being the Southwest corner of a tract of land described as Parcel 1;tbe,nce run north 85.12'32" F.asi for a distance o!152.11 fr
to a point, said point being the Southeast corner of said Parcel 1; thence run along a compound curve,concave to the Southe
having a central angle of 02.12'32' and a radius of 544.71 feet for an arc distance of 21.00 fect;tbence run along said compoti
curve having a central angle of 15.12'24' and a radius of 288.11 feet for an are distance of 76.46 feet to a point;thence run No
85'44'37 West for a distance of 145.73 feet to the POINT OF BEGINNING, said lands located, lying and being in the City
Miami Beach, Florida and containing 12008 square feet more or less.
carLEGArrentirnott
Commence at the Northwest corner of Tract 46A,NORMANDY GOLF
COURSE SUBDIVISION,according to the plat tbc:rcc
recorded in Plat Book 44, at Page 62, Public Records of Dade Count Florida,
of Lot 18,subdivision of Tract 4fiA of y', said,point also known as the Northwest corns
he NORMANDY Y GOLF COURSE SUBDIVISION,Plat Book 55,P• a 95,Public
of Dade Count Florida; Record
County, ida,thence from the northerly line of said tract 46A,deflecting79•36'3q" to the left toto
curve concave to the southeast,having tangent of a cercaria
vu� a central angle of 7'15'24'and a radius of 2225.00 feet and runs alon the arc of said cury
for a distance of 281.8()feet to the POINT OF BEGINNING, tbcnccalcong said cucular curve
continue8
concave to the wuthc a:
having a central angle of 1'52'23" and a radius of 2225.00 feet for an arc distance •
of 72.73 feet t t A a point , said point being th
southwest corner of a tract of land described as Parcel 2; thence run South 85.44'37 •
said point beingthe southeast'corner ofEast for a distanrx of 145.73 feet to a pact
• said Parcel 2; thence run along the arc of a curve concave to the cast, having
angle of 16 5756 and a radius of 288.11 feet for a distance of 8531 feet to a point; thence ' , ' a centra
. c ce run North 81 42 15 West for
distance of 167.79 feet to the POINT OF BEGINNING. c
Said lands located, tying and being in the city of Miami Beach, Florida
and containing 12052 square feet more or jets.
RECORDED IN OFF ICIAL RECORDS/00'
OF DADE COUNTY,FLORIDA.
RECORD VERIFIED
C4erk of Circuit & County
Courts
•
I
OWNER'S AFFIDAVIT
STATE OF FLORIDA
SS :
COUNTY OF DADE
BEFORE ME, the undersigned authority, personally
appeared 7 71/L�- / 4/2euv PP as Mayor of the
City of Miami Beach, who, upon being by me first duly sworn,
deposes and says :
That the City of Miami Beach is the owner of the
premises s i Lin ted in Lhe CuunLy o1. Dade and SLaLe ut Florida,
described as follows :
See Exhibit "A" attached hereto and made a
part hereof .
Affiant further says that the City of Miami Beach is in
undisputed possession of the above described premises and that
there are no mechanics ' liens against said premises and no claims
for labor or material furnished for repairing or improving the
same which remain unpaid prior to the date of this affidavit .
Affiant further states that any building located on
said property was fully completed and last work done more than
three months prior to the date of this affidavit .
FORM APPROVED CITY OF MIAMI BEACH
LEGAL DEPT.
By:
BY C --)"/ Mayor
U
Date c/1/2/
City Clerk
SWORN TO and SUBSCRIBED Before me, this 1/43 dayof October, 1991
,
by / i►/z 4,.
Nota y Public
Mhz--email i s iO rr__ F I xp i r F e s :
SWORN TO an SUBSCRIBEDBefore me this re day_ _ of October, 1991
by , : ;, .
' 1
/t ,,„ , . .
Notary Public
My Commission Expires :
JEC3380s •
CLOSING STATEMENT
BUYER: MILTON LAVERNIA
SELLER: CITY OF MIAMI BEACH
DATE: OCTOBER 3, 1991
PROPERTY: REAL PROPERTY LOCATED IN MIAMI BEACH, FLORIDA AS
MORE PARTICULARLY DESCRIBED ON EXHIBIT "A"
ATTACHED HERETO.
Buyers ' Seller ' s
Credits Credits
Purchase Price $262 , 000 . 00
Deposit $ 26 , 200 . 00
Recording Fee, Documentary
Stamp Tax and Surtax 2 , 766 . 00
Sub-Total $ 28, 966 . 00 $262 , 000 . 00
Cash to Close 233, 034 . 00
Total 11§11,190 . 00 26 000 . 00
3
Property is tax exempt as of date of closing due to the Seller ' s
status as municipal corporation. Accordingly, no proration of
real property taxes is necessary.
Seller ' s Expenses :
Record Deed ( $262 , 000 . 00) 15 . 00
Documentary Stamp Tax on Deed 1 , 572 . 00
Surtax on Deed 1 , 179 . 00
Total X52, 766 . 00
Buyer ' s Expenses :
Title Insurance Premium = 1J385200
SELLER BUYER
CITY OF MIAMI BEACH
By: , h ,i
4 -'2 ✓-�/ a' M i l on Laver i s‘7;e' ?m"-- e.77'
/
jec3393s
ORIGINAL
RESOLUTION NO. 91-20284
Authorizing execution of a first amend-
ment to the sales agreement with Milton
Lavernia for sale of parcels 2 and 3 in.
Normandy Isle, to extend the time to cuie
the defects in title and the time to
close.