RESOLUTION 92-20635 RESOLUTION NO. 92-20635
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN EXCHANGE AGREEMENT WITH
THE SCHOOL BOARD OF DADE COUNTY, FLORIDA, FOR THE
EXCHANGE OF THE PROPERTY COMMONLY KNOWN AS "POLO
PARK", OWNED BY THE CITY, FOR THE PROPERTY COMMONLY
KNOWN AS "THE NAUTILUS MIDDLE SCHOOL", OWNED BY THE
SCHOOL BOARD OF DADE COUNTY AND FURTHER AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE ANY AND ALL
DOCUMENTS NECESSARY TO EFFECTUATE THE CLOSING.
WHEREAS, the CITY OF MIAMI BEACH is the owner of the property
located at 805 42nd Street, Miami Beach, Florida, commonly known as
"Polo Park" , hereinafter the "EXISTING POLO PARK PROPERTY" ; and
WHEREAS, the SCHOOL BOARD is the owner of the property located
at 4301 North Michigan Avenue, Miami Beach, Florida commonly known
as the "Nautilus Middle School" , hereinafter the "EXISTING
NAUTILUS SCHOOL PROPERTY" ; and
WHEREAS, the SCHOOL BOARD has represented and warranted to the
CITY that it wishes to construct, and has budgeted the funds to
construct, a new Nautilus Middle School on the EXISTING POLO PARK
PROPERTY, demolish most of the existing Nautilus Middle School,
leaving the existing Media Center, and construct new tennis
facilities and other recreation facilities on the EXISTING NAUTILUS
SCHOOL PROPERTY; and
WHEREAS, in order to fulfill its goal of constructing a new
school on the EXISTING POLO PARK PROPERTY and to continue to have
the existing Nautilus Middle School in session while under
construction, the SCHOOL BOARD has requested the CITY to exchange
the EXISTING POLO PARK PROPERTY for the EXISTING NAUTILUS SCHOOL
PROPERTY; and
WHEREAS, the CITY is willing to exchange the EXISTING POLO
PARK PROPERTY for the EXISTING NAUTILUS SCHOOL PROPERTY provided
the SCHOOL BOARD constructs the recreational improvements on the
EXISTING NAUTILUS SCHOOL PROPERTY in accordance with plans and
specifications approved by the CITY; and
WHEREAS, in order to accomplish the exchange contemplated
herein the CITY OF MIAMI BEACH Planning Board approved amendments
to the comprehensive plan and a change in zoning at its meeting of
April 21, 1992 , and the City Commission of the City of Miami Beach
approved said change in comprehensive plan and change in zoning by
Ordinance No. 92-2814 adopted on October 8 , 1992 ; and
WHEREAS, the SCHOOL BOARD approved this Exchange Agreement at
its meeting of October 14, 1992 ; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are
hereby authorized to execute the attached Exchange Agreement with
the School Board of Dade County, Florida, for the exchange of the
property commonly known as "Polo Park" , owned by the City, for the
property commonly known as the "Nautilus Middle School" , owned by
the School Board of Dade County and the Mayor and City Clerk are
further authorized to execute any and all documents necessary to
effectuate the closing.
PASSED and ADOPTED this 21st day of October , 1992 .
ATTEST:
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October 21, 1992 FORM APPROVED
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By �i�1L....v ° . /
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2
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305)673-7010
FAX: (305)673-7782
COMMISSION MEMORANDUM NO. 64c)q z
TO: Mayor Seymour Gelber and DATE: October 21, 1992
Members of the City Commission
FROM: Roger M. l.f
City ManagellP %.z
SUBJECT: AGREEMENT WITH THE DADE COUNTY SCHOOL BOARD FOR
EXCHANGE OF THE NAUTILUS MIDDLE SCHOOL PROPERTY AND
POLO PARK PROPERTY
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission adopt the
attached resolution and authorize the Mayor and City Clerk to
execute the attached Exchange Agreement with the School Board of
Dade County.
BACKGROUND:
The City of Miami Beach (City) currently owns the property located
at 805 42nd Street commonly known as Polo Park and the Dade County
School Board (School Board) owns the property located at 4301 N.
Michigan Avenue commonly known as the Nautilus Middle School.
The School Board has budgeted funds and wishes to construct a new
Nautilus Middle School on the existing Polo Park property.
Furthermore, the School Board would like to continue to operate the
existing middle school during the construction of the new school
and has requested that the City exchange the existing Polo Park
property for the existing Nautilus Middle School property.
On April 21, 1992, the City's Planning Board approved amendments to
the comprehensive plan along with a change in zoning that would
allow for a school-use on the Polo Park property. These changes
were subsequently approved on October 8, 1992, by the City
Commission via Ordinance 92-2814. Additionally, the School Board,
at its meeting of October 14 , 1992, approved the attached Exchange
Agreement with the City of Miami Beach for the exchange of the
subject properties.
ANALYSIS:
In order to fulfill its goal of constructing a new school and
continue to have the existing school in session, during the
construction period, it would be necessary for the School Board and
the City to exchange the Polo Park property for the Nautilus Middle
School property.
The terms of the Exchange Agreement call for the School Board to
construct a new middle school on the site of the existing Polo Park
property while continuing to operate the existing middle school.
AGENDA
ITEM - `
DATE
•
Page 2 Commission Memorandum October 21, 1992
Once construction of the new school is completed the existing
middle school would be demolished. The School Board would also be
bound to construct recreational improvements on the old middle
school site in accordance with plans and specifications that would
be approved by the City.
The Exchange Agreement also calls for the execution of a
Construction Agreement that would address the construction of the
new middle school, the demolition of the old middle school, and the
construction of new recreational facilities on the old middle
school property. Additionally, a Joint-use Agreement that would
outline the terms for the use of the newly constructed recreational
facilities, will be executed.
According to the agreement, the School Board shall be responsible
for all closing expenses of any kind.
CONCLUSION:
By adopting the attached resolution and authorizing the execution
of the attached Exchange Agreement with the Dade County School
Board, the City of Miami Beach will be supporting the School Board
in their effort to build a new middle school, without disrupting
the sessions of the existing middle school, and at the same time
providing a means for the construction of new recreational
improvements on the site of the old middle school property.
RMC:SLR:JD:rd
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Begin 80.0 feet Southerly of the intersection of the Southerly line of Vest 43rd Street
produced Easterly and the Easterly line of North NlChipon Avenue as some Is shown
on o plot entitled 'NAUTILUS EXTENSION THIRD' as recorded In Plat look 34 of Pope 98
PuI L c Recor-ds of Dade County, florldol thence run in a Southeasterly direction olonp
c to the Ie/t, hovmp a Radius of 12990 feet ano o Central Ample of
distance of 3401 feet to a point of Tonptncyi thence rur. in a
Soutneosterly dir ectcon clang sold easterly Imo of North Michipar. Avenue o distance
OF 117.39 Feet to a point, thence run Easterly parallel to a Southerly line of Vest
43ru Street a dc.tc.nce of 225.19 feet to c pointe thence run Northerly at rl6ht an6les
to Southerly Zine of Vest 43rd St. a distance of' 227.0 feet to the Southerly lire of
. a t 43rd Street produced eaSterlyl thence run Easterly alone solo Southerly line of,
vest 43rd Street produced easterly a distance of 186.30 feet to o pointi thence run
in a Northeasterly d!rection a distance of 253.57 feet to a point, sold point Pewit.)
285.50 feet Northwesterly from the Southeast corner of Block 24 of 'NAUTILUS E xTENS1Orr
FOU,tfii' acCordinp to the 1,1411 thereof as recorded in Plot look 4C at pope 68, Public
Records of Dade County, Florlduj thence Continue in a Northwesterly direction (Jon; the
Southerly line of said Block 24, a distance of 503.32 feet to the Easterly line of
NORTH MICHIGAN AVENUG thence run in a Southeasterly alirection olon& said eotterly l:nf o
of NORTH MICHIGAN AVENUE c d'stance of 80.0 feet to a point of Curves thence rut in o
Southerly direction olonp a curve to the left, hovuip a Radius of 515.42 feet, and a
Central Angie of 19'-14'-21'. o distance of 173.07 feet to a point, thence run south-
erly along the Easterly line of NORTH MICHIGAN AVENUE a distance of 240.0 feet to the
Puint of beDinninp.
Corrloirunp 217,388 Soui.r•t Feet or 4.991 Acres
I ,"
EXCHANGE AGREEMENT
THIS EXCHANGE AGREEMENT, made and entered into this .- r day
A46
of c�i , 199 , by and between THE CITY OF MIAMI
BEACH, a municipal corporation of the State of Florida,
(hereinafter called the "CITY") , and THE SCHOOL BOARD OF DADE
COUNTY, FLORIDA, a body corporate and politic of the State of
Florida, (hereinafter called the "SCHOOL BOARD") .
WITNESSETH:
WHEREAS, the CITY OF MIAMI BEACH is the owner of the following
described property located at 805 42nd Street, Miami Beach, Florida
commonly known as "Polo Park" , hereinafter the "EXISTING POLO PARK
PROPERTY" :
LEGAL DESCRIPTION
See attached Exhibit "A"
WHEREAS, the SCHOOL BOARD is the owner of the following
described property located at 4301 North Michigan Avenue, Miami
Beach, Florida commonly known as the "Nautilus Middle School" ,
hereinafter the "EXISTING NAUTILUS SCHOOL PROPERTY" .
LEGAL DESCRIPTION
See attached Exhibit "B"
WHEREAS, the SCHOOL BOARD has represented and warranted to the
CITY that it wishes to construct, and has budgeted the funds to
construct, a new Nautilus Middle School (the "Project") on the
EXISTING POLO PARK PROPERTY, demolish most of the existing Nautilus
Middle School , leaving the existing Media Center, and construct new
tennis facilities and other recreation facilities on the EXISTING
NAUTILUS SCHOOL PROPERTY; and
WHEREAS, in order to fulfill its goal of constructing a new
school on the EXISTING POLO PARK PROPERTY and to continue to have
the existing Nautilus Middle School in session while under
construction, the SCHOOL BOARD has requested the CITY to exchange
the EXISTING POLO PARK PROPERTY for the EXISTING NAUTILUS SCHOOL
PROPERTY; and
WHEREAS, the CITY is willing to exchange the EXISTING POLO
PARK PROPERTY for the EXISTING NAUTILUS SCHOOL PROPERTY provided
the SCHOOL BOARD constructs the recreational improvements on the
EXISTING NAUTILUS SCHOOL PROPERTY in accordance with plans and
specifications approved by the CITY; and
WHEREAS, in order to accomplish the exchange contemplated
herein the CITY OF MIAMI BEACH Planning Board approved amendments
to the comprehensive plan and a change in zoning at its meeting of
0(4-Ober s, ( ii , and the City Commission of the City of Miami
Beach approved said change in comprehensive plan and change in
zoning by Ordinance No. 92-2814 adopted on October 8 , 1992 ; and
WHEREAS, the SCHOOL BOARD approved this Exchange Agreement at
its meeting of October 14 , 1992 ; and
WHEREAS, the parties wish to enter into this exchange
agreement to accomplish the purposes set forth above.
NOW, THEREFORE, in consideration of the mutual covenants
hereinafter contained and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the
parties hereto agree as follows:
I .
RECITALS INCORPORATED
The foregoing recitals are true and correct and are hereby
incorporated by reference into this Agreement.
2
II.
CONDITIONS OF EXCHANGE
CITY hereby agrees to exchange the EXISTING POLO PARK PROPERTY
for the EXISTING NAUTILUS SCHOOL PROPERTY, and the SCHOOL BOARD
agrees to exchange the EXISTING NAUTILUS SCHOOL PROPERTY for the
EXISTING POLO PARK PROPERTY. The exchange is subject to
fulfillment with each and all of the following specific conditions
to the transfer of title:
1) Evidence of good, marketable and insurable title, on each
property free and clear of all liens and encumbrances.
2) Evidence of all development approvals and/or variances
from all governmental bodies necessary to complete the
proposed construction.
3) Approval by the CITY of the final construction plans and
specifications for the recreational and other
improvements to be made by the SCHOOL BOARD to the
EXISTING NAUTILUS SCHOOL PROPERTY, which approval will
not be unreasonably withheld or delayed.
4) Execution of the documents set forth in paragraph VIII
below.
A closing shall be scheduled within forty-five (45) days of
fulfillment of the above conditions. In the event the above
conditions are substantially complied with and the SCHOOL BOARD is
ready to commence construction, the parties agree to cooperate in
a manner so as not to delay construction.
III.
PURCHASE PRICE
The exchange shall be an even exchange with each property to
be delivered at closing in its "as is condition" .
3
IV.
CONVEYANCE
Conveyance of title from each party to the other shall be by
special warranty deed, free and clear of all encumbrances and liens
of whatsoever nature, except easements, reservations, and
restrictions of record, applicable zoning regulations, taxes for
current year, if any, any liens which may be created by pending
legislation prior to passage of title, and other such matters as
are specified herein.
V.
EVIDENCE OF TITLE.
Within thirty (30) days of written notice each party shall
deliver abstracts to the other of the property being conveyed by
the owner. In the event that after examination, the other party
finds defects in the title the conveying party shall have ninety
(90) days within which to cure such defects. Each party shall
convey marketable title, as determined by the current Title
Standards adopted by the Florida Bar.
VI .
CLOSING EXPENSES
The SCHOOL BOARD shall be responsible for all closing expenses
of any kind pertaining to this exchange, including but not limited
to title insurance costs, documentary stamps, surtax (if
applicable) , surveying costs and recording fees.
VII.
DEVELOPMENT APPROVAL
The SCHOOL BOARD agrees to submit to CITY within one hundred
eighty (180) days of the date hereof final plans and specifications
4
for construction of the recreational improvements on the EXISTING
NAUTILUS SCHOOL PROPERTY. CITY agrees in its capacity as owner,
and SCHOOL BOARD as the builder, to join in any applications and
documents reasonably required to process and obtain all
governmental approvals required hereunder. The SCHOOL BOARD agrees
to diligently and fully cooperate with the CITY OF MIAMI BEACH
Building and Zoning Department to review, revise and resubmit such
plans.
VIII.
DOCUMENTS TO BE EXECUTED AT CLOSING
If all conditions set forth herein are met within the time
schedule provided herein then the following documents shall be
executed at closing:
1. A Construction Agreement (a) which sets forth the
obligation of the SCHOOL BOARD to construct the PROJECT
at its sole cost and expense, including the demolition
and construction of the recreational and other facilities
to be located on the EXISTING NAUTILUS SCHOOL PROPERTY;
(b) which allows for the continued use during
construction of the EXISTING NAUTILUS SCHOOL PROPERTY by
the SCHOOL BOARD for school, recreational and
construction purposes, subject to the CITY 'S right to use
during non school hours the recreational facilities used
by the SCHOOL BOARD for such purpose; (c) which requires
that the construction contract for the recreational
improvements to be made to the EXISTING NAUTILUS SCHOOL
PROPERTY shall contain indemnity and insurance provisions
in favor of the CITY and the CITY shall be named as a co-
obligee on the performance and labor and material payment
bonds; (d) which contains an indemnification from the
SCHOOL BOARD to the extent that tort immunity is waived
pursuant to Florida Statutes §768 . 28 , in favor of the
CITY for all construction and other activities on the
EXISTING NAUTILUS SCHOOL PROPERTY during the construction
period; and (e) which provides for acceptance by the CITY
at the end of construction of the improvements to be
constructed by the SCHOOL BOARD on the EXISTING NAUTILUS
SCHOOL PROPERTY; and
2) A Joint Use Agreement, which sets forth the terms and
conditions for joint use by the parties of the
recreational facilities to be constructed on the EXISTING
5
NAUTILUS SCHOOL PROPERTY, which balances the use of such
property during non school hours by the CITY with the use
of such property during school hours by the SCHOOL BOARD.
IX.
ASSIGNMENT
This Agreement shall not be assignable in whole or in part by
either party without the prior written consent of the other party.
X.
TERMINATION
This Agreement may be terminated by mutual agreement of the
parties.
XI.
LEGAL DESCRIPTIONS SUBJECT TO SURVEYOR REVIEW
The legal descriptions which are attached hereto as Exhibits
"A" and "B" are subject to revision, as determined by a licensed
surveyor, to conform to the site plan for the subject properties,
provided that the parties intend that the properties to be
exchanged shall be substantially equivalent in terms of square
footage.
XII.
MISCELLANEOUS
1) This Agreement constitutes the entire agreement between
the parties and may not be modified except by a written amendment
executed by both parties.
2) If any provision of this Agreement or any portion of such
provision or the application thereof to any person or circumstance
shall be held to be invalid or unenforceable or shall become a
violation of any local, state or federal laws, then the same as so
applied shall no longer be a part of this Agreement but the
6
remainder of the Agreement, such provisions and the application
thereof to other persons or circumstances shall not be affected
thereby and this Agreement as so modified shall.
IN WITNESS WHEREOF the parties have executed this Agreement on
the date and year above written.
TH CITY OF MI. I BEACH THE SCHOOL BOARD OF
DADE COUNTY, FLORIDA
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Mayor hai.rman '
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PNB: lm
C:\agreements\exchange.agr
October 9 , 1992
7
VAlb liVEll.
RESOLUTION NO. 92-20635
Authorizing the Mayor and City Clerk to
execute an exchange agreement with the
school board of Dade County, Florida, for
the exchange of the property commonly
known as "Polo Park' , owned by the City,
for the property commonly known as "The
Nautilus Middle School", owned by the
School Board or Dade County and further
authorizing the Mayor and City Clerk to
execute any and all documents necessary
to effectuate the closing.
• r