93-20975 Reso •
RESOLUTION NO. 93-20975
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, RATIFYING
THE RESOLUTION OF THE MIAMI BEACH
REDEVELOPMENT AGENCY DECLARING ACQUISITION OF
THE PROPERTY KNOWN AS THE ST. MORITZ LOCATED
AT 1565 COLLINS AVENUE AND LEGALLY DESCRIBED
AS THE NORTH 1/2 OF LOT 8 AND LOTS 9 AND 10
AND LOTS 11 AND 12 AND THE NORTH 1/2 OF LOT
13, BLOCK 56, ALTON BEACH FIRST SUBDIVISION,
AS RECORDED IN PLAT BOOK 2 AT PAGE 77 TO BE A
PUBLIC NECESSITY FOR THE PROJECT KNOWN AS CITY
CENTER/CONVENTION VILLAGE PROJECT, AUTHORIZING
THE ACQUISITION OF THE ST. MORITZ BY
PURCHASE, DONATION OR THE FILING OF EMINENT
DOMAIN PROCEEDINGS AND DECLARATION OF TAKING,
AS NECESSARY AS A POTENTIAL SITE FOR A HOTEL
DEVELOPMENT.
WHEREAS, the City of Miami Beach is proceeding with its
plan for economic stimulation and development by constructing a
major convention quality hotel and an appropriate Request for
Proposals addressing and further detailing same has been finalized;
and
WHEREAS, for the purpose of realizing the type of hotel
development contemplated by Request for Proposals, the City must
acquire the property known as the St. Moritz Hotel located at 1565
Collins, Avenue, Miami Beach, Florida, (the "St. Moritz Site")' ; and
WHEREAS, the Mayor and the City of Miami Beach Commission
by Resolution No. 92-20646 and the Dade County Commission by
Resolution No. R-14-93 declared the area known as the City
Center/Convention Village which includes the St. Moritz Hotel, to)be
a Redevelopment Area in which conditions of slum and blight have
been demonstrated; and
WHEREAS, the Mayor and the City of Miami Beach Commission
acting as the Miami Beach Redevelopment Agency have adopted a
redevelopment plan for the area known as the City Center/Convention
Village;
WHEREAS, acquisition is a remedy to eliminate slum and
blight and preserve historic properties by undertaking the
necessary efforts to redevelop them according to approved plans;
and
WHEREAS, the St. Moritz has been selected by the' Miami
Beach Historic Preservation Board as a building of important
historic resource and is designated in the City's Historic
Properties Data Base as a historic building; and
WHEREAS, the St. Moritz is currently not properly 'sealed
and is exposed to the elements resulting in the structure being in
total disrepair and further deteriorating with each passing day;
and
WHEREAS, the Summary of Findings Pertaining to a Proposed
Convention Headquarter Hotel Miami Beach, Florida, dated, March
1990, prepared by Laventhol & Horwath and the Miami ' Beach
Convention Village, Phase One: Convention Hotel Compatibility Study
dated September 1992, prepared by Wallace, Roberts & Todd,
Zyscovich, Inc. , Kenneth Leventhal & Co. , Hardy, Holzman Pfeiffer
Associates and other studies determined that in order for the Miami
Beach Convention Center to survive, a convention hotel supporting
the Convention Center was necessary in the immediate area; Iand
WHEREAS, the Miami Beach Redevelopment Agency found,
determined and declared that the acquisition of the St. Moritz is
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a public necessity and is necessary, practical and in the best
interest of the City of Miami Beach; and
WHEREAS, the Executive Director of the Agency recommended
that the Miami Beach Redevelopment Agency authorize the Agency
attorney to institute eminent domain proceedings on the
forementioned property;
WHEREAS, the Miami Beach Redevelopment Agency found,
determined and declared that it is necessary to acquire fee simple
title to the St. Moritz property for use in the City
Center/Convention Village redevelopment project; I
WHEREAS, the Miami Beach Redevelopment Agency found,
determined and declared that the acquisition of the St. Moritz is
a public necessity and is necessary, practical and in the best
interest of the City of Miami Beach; and
WHEREAS, the Miami Beach Redevelopment Agency found,
determined and declared that the acquisition of the St. Moritz by
purchase, donation, or eminent domain proceedings including
declaration of taking is for the public use and benefit; and I
WHEREAS, the Mayor and City Commission concur with all of
the above findings of the Miami Beach Redevelopment Agency.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THAT THE MAYORIAND
CITY COMMISSION HEREBY RATIFY THE RESOLUTION OF THE MIAMI BEACH
REDEVELOPMENT AGENCY DECLARING ACQUISITION OF THE PROPERTY KNOWN AS
THE ST. MORITZ LOCATED AT 1565 COLLINS AVENUE AND LEGALLY DESCRIBED
AS THE NORTH 1/2 OF LOT 8 AND LOTS 9 AND 10 AND LOTS 11 AND 12! AND
THE NORTH 1/2 OF LOT 13, BLOCK 56, ALTON BEACH FIRST SUBDIVISION,
AS RECORDED IN PLAT BOOK 2 AT PAGE 77 TO BE A PUBLIC NECESSITY' FOR
THE PROJECT KNOWN AS CITY CENTER/CONVENTION VILLAGE PROJECT,
AUTHORIZING. THE ACQUISITION OF THE ST. MORITZ BY PURCHASE,
DONATION OR THE FILING OF EMINENT DOMAIN PROCEEDINGS ' AND
DECLARATION OF TAKING, AS NECESSARY AS A POTENTIAL SITE FOR A HOTEL
DEVELOPMENT.
PASSED AND ADOPTED THIS 17th 6AY OF Novem , 9)i,
YOR
ATTEST: '
CLERK
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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. CD-4 -93
TO: Mayor Seymour Gelber and DATE: November 17 , 1993
Members of the City Commission
FROM: Roger M. Cartt
City Manager
SUBJECT: UPDATE ON HOTEL SITE LAND ACQUISITION AND AUTHORIZATION
TO: (1) PROCEED WITH QUICK TAKE EMINENT DOMAIN ON THE ST.
MORITZ PROPERTY AT 1565 COLLINS AVENUE; AND (2) THE MAYOR
AND CITY CLERK TO EXECUTE A CONTRACT FOR THE ACQUISITION
OF THE FORMER POINCIANA HOTEL SITE AT 1555 COLLINS AVENUE
ADMINISTRATION RECOMMENDATION:
It is recommended that : (1) the Administration and City Attorney be
authorized to file quick take eminent domain actions to acquire the
St . Moritz hotel and property at 1565 Collins Avenue; (2) that the
Mayor and City Clerk be authorized to sign a contract for
acquisition of the. former Poinciana property at 1555 Collins
Avenue.
BACKGROUND:
The Administration, legal staff and outside counsel, David Berger,
have been meeting with property owners or their representatives
since the original Commission direction last month to pursue the
acquisition of the various parcels from 1535 Collins Avenue north
to 1565 Collins Avenue.
The Commission' s highest priority has been the acquisition of the
St . Moritz parcel, because of the imminent danger to the building
due to the present owners' neglect and also because it logically
ties into the Sands/New Yorker parcel that the City already has
under contract .
Unfortunately, due to the present ownership structure in a foreign
partnership and litigation between owners, it will be the most
difficult to acquire the property by negotiations . The City' s
appraisals for the property are $5 million and $4 .335 million. The
owners' representatives have substantially more in mind. It is the
Administration' s belief that further negotiations will not be
successful allowing the building to further deteriorate. The
Agency must initiate eminent domain proceedings in order to be
assured of a timely and fair priced acquisition. Because the City
is also going out with an RFP in the very near future, it is
strongly recommended that a quick take action be taken.
A quick take requires the City to deposit the undisputed appraisal
amount into an escrow account at the time of filing the eminent
domain action. Title to the City is vested at this time.
• Regardless of the final value determination by the Court, the City
is required to complete this acquisition and make full payment .
-1- AGENDA �_ a
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DATE 1 I- 1 -7 93
A slow take process allows the City to withdraw from the procedure
at any time. Title to the property is not vested with the City
until issuance of the final judgement, at which time the City, if
they wish to complete the transaction, must make payment in full .
The City has also conducted successful negotiations on the
Poinciana parcel . The site at 1555 Collins Avenue is just south of
the St . Moritz . The two appraisers have valued the property at (a)
$2 . 1 million as is versus $2 . 7 million as an assembled parcel and
(b) $2 . 19 million.
The parcel is vacant and would be valuable to the City/Agency as
either an adjunct to the Sands/St . Moritz assembly or if further
action is pursued to the south as an adjunct to the Royal Palm and
Shorecrest .
The owners have agreed to a price of $1, 850, 000, substantially
below the appraisals . A contract is being prepared and is under
review by the City Attorney' s office. It will be distributed in
the Addendum on Monday, November 15th, along with Resolutions
approving both actions discussed herein. It is similar to the
Sands contract, allowing a 60-day due diligence period for the City
to perform all necessary inspections and . 30 more days to close.
The Administration believes that .this is a very advantageous
acquisition.
CONCLUSION:
The authorization for condemnation under quick take procedures for
the St . Moritz is necessary to obtain the property in a short time
before deterioration becomes too great to allow renovation. The
acquisition of the Poinciana site below appraisal value is
extremely advantageous to the convention quality hotel project .,
Therefore, your approval of the Poinciana contract is recommended
as well as authorization to initiate quick take procedures for the
St. Moritz .
The Resolution and the contract draft are under legal review and
will be sent to the Commission under separate cover Monday,
November 15, 1993 .
RMC:jph
Attachments
QUINLIVAN APPRAISAL
A PROFESSIONAL ASSOCIATION
REAL ESTATE APPRAISERS & CONSULTANTS
5730 S.W. 74TH STREET, SUITE 300
SOUTH MIAMI, FLORIDA 33143
• J. MARE QUINLIVAN, MAI TELEi'HONE (305) 663-8611 GREGORY R. GUNTER, MAI
STATE-CERTIFIED GENERAL APPRAISER
STATE-CERTIFIED GENERAL APPRAISER FAX (305)88:f-492L RZ 0000438
RZ 0000112 •
JAMES E. AGNER, MAI THOMAS F. MAOENHEIMER, MAI
STATE-CERTIFIED GENERAL APPRAISER
• STATE-CERTIFIED GENERAL APPRAISER
RZ 0000382 RZ 0000553
September 23, 1993
Mr. Harry S. Mavrogenes, Director
City of Miami Beach Development, Design,
and Historic Preservation Services Department
1700 Convention Center Drive
Miami Beach, Florida 33139
Mr. Mavrogenes:
In accordance with your request and authorization, we have prepared this Appraisal
Report covering the following described property:
An ocean front land site known as the St. Moritz
Hotel Site, located at 1565 Collins Avenue, Miami
Beach, Florida.
The purpose of this Appraisal is to estimate the Market Value of the described
property as of September 15, 1993, being one of the dates of personal inspection.
The narrative Appraisal Report that follows sets forth the identification of the
property, the assumptions and limiting conditions, pertinent facts about the area and
the subject property, comparable data, the results of the investigations and
analyses, and the reasoning leading to the conclusions set forth.
A survey of the described property was not provided for analysis. The site size
contained herein is based on recorded plats and the site size on the tax roll of Dade
County. The site size utilized herein is assumed to be correct.
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Mr. Harry S. Mavrogenes, Director
September 23, 1993
Page Two
Based on the inspection of the property and the investigation and analyses
undertaken, we have formed the opinion that, as of September 15, 1993, the
subject property has a Market Value of:
Foul MILLION TuaFS HUNDRED AND THIRTY-FIVE THOUSAND DOLLARS
($4,335,000)
Respectfully submitted,
)14121-&--vti-j—
jMark Quinlivan, MAI
State Certified General Appraiser
Certification Number: RZ0000112
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Thomas F. Magenhe®er, MAI
State Certified General Appraiser
Certification Number. RZ.0000553
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HEDG-PETH & GALLAHER, INC.
REAL ESTATE APPRAISERS ANI)CONSULTANTS
laceNscu RI i I:.i xi;:liuu'jeus -
CERTIFICATE OF APPRAISAL
ROBERT E. GALLAHER, JR. and PATRICIA J. BIRCH do hereby certify that upon
application by Ms. Marla Dumas, Redevelopment Coordinator for the City of Miami Beach,
they have made an investigation and analysis of the property legally described on page -
10 of this report and that, in their opinion, the market value of the fee simple title, as of
September 30, 1993 was as follows:
FIVE MILLION DOLLARS
$5,000,000
The undersigned appraisers certify that, to the best of their knowledge and belief, the
statements contained in this report are true and correct; the reported analyses, opinions,
and conclusions are limited only by the reported "Assumptions and Limiting Conditions"
at page 2, and are their personal, unbiased professional analyses, opinions, and
conclusions;their compensation is not contingent on an action or event resulting from the
analyses, opinions or conclusions in, or the use of, this report; also that this appraisal has
been prepared in conformity with the requirements of the Code of Professional Ethics and
the Standards of Professional Practice of the Appraisal Institute and in conformity with the
requirements of the State of Florida for state certified appraisals. The use of this report
is subject to the requirements of the Appraisal Institute and the State of Florida relating
to review by duly authorized representatives of the Institute and by the Real Estate Sub-
Committee of the Florida Real Estate Commission.
The appraisers do further certify that they have no present or prospective interest in the
property and no personal interest or bias with respect to the parties involved and that
they have made a personal inspection of the property that is the subject of this report and
that there has been no unacknowledged significant professional assistance.
As of the date of this report, Robert E. Gallaher, Jr., has completed the requirements
under the continuing education program for the Appraisal Institute and both Mr. Gallaher
and Ms. Birch have completed the continuing education requirements for the State of
Florida. .
ROBERT ALLAHER, JR., MAI ATRICIA J. BIRCH
State Certifi d General Appraiser State Certified General Appraiser
Certificate No. RZ0000098 Certificate No. RZ0001294
DATED: OCTOBER 29, 1993
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One Datran Center•9100 South Dadeland Boulevard,Suite 1704•Miami,Florida 33156•Phone(305)670-2211 •Fax(305)670-9988