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95-21688 Reso RESOLUTION NO. 95-21688 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A FIFTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND KENT HARRISON ROBBINS. WHEREAS,pursuant to City Commission Resolution No. 94-21418,the City and Owner entered into an Agreement (Agreement) dated December 14, 1994, for the relocation of the coral- rock home (Home) located on 7644 Collins Avenue; and WHEREAS, the Agreement provided that the Owner may appear before Commission to request delays in the designation process and/or the extension of time periods designated in the Agreement,which delays and/or extensions shall be granted for good cause; and WHEREAS, Owner has diligently been pursuing relocation of the Home; and WHEREAS,the Owner and Unidad need additional time to relocate the Home,as the Owner is continuing to negotiate a Contract for Sale and Purchase of Real Property with North Beach Investment Group, Inc., Unidad and the City (the Purchase and Sale Agreement), to facilitate the relocation of the Home to a new site at 1701 Normandy Drive. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH that the Mayor and City Clerk are hereby authorized to execute a Fifth Amendment to the Agreement between the City of Miami Beach and Kent Harrison Robbins attached as Exhibit "A". PASSED and ADOPTED this 26th day of July 1995. YOR ATTEST: t,ak,()— flaAJA4A. FORM APPROVED CITY CLERK LEGAL DE T. By c:jd:cramd3.res Date 17(6-- Y5 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. 1AL-95 TO: Mayor Seymour Gelber and DATE: July 2 6 , 1995 Members of the City Commission FROM: Jose Garcia-Pedrosa City Manager SUBJECT: A RESOLUTION 0 THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A FIFTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND KENT HARRISON ROBBINS; FURTHER APPROVING AND AUTHORIZING A CONTRACT FOR SALE AND PURCHASE OF REAL PROPERTY FOR THE PROPERTY LOCATED AT 1701 NORMANDY DRIVE, TO BE UTILIZED AS THE SITE FOR THE RELOCATION OF THE CORAL ROCK HOME, FOR USE AS A PERMANENT HISPANIC COMMUNITY CENTER. ADMINISTRATION RECOMMENDATION; It is recommended that the Mayor and City Commission adopt the attached Resolution to execute the Fifth Amendment to the agreement between the City of Miami Beach and Kent Harrison Robbins, further approving and authorizing a contract for sale and purchase of real property for the property located at 1701 Normandy Drive, to be utilized as the site for the relocation of the coral rock home, for use as a permanent Hispanic Community Center. BACKGROUND; At the July 12, 1995 City Commission Meeting Mr. Robbins indicated that he and UNIDAD were working on a contract to relocate the coral rock house from 7644 Collins Avenue to a site at 1701 Normandy Drive to utilize the building as an Hispanic Community Center. A contract and letter were submitted by Mr. Robbins for Commission review and have been made a part of the Commission packet . It appears that the parties are close to executing an agreement . On that basis, the City Attorney' s Office has prepared another extension to the Agreement . 1 AGENDA ITEM 1 \—1 DATE 1 —2i— 15 ANALYSIS: Funding for the Hispanic Community Center is proposed as part of the CDBG budget in the Consolidated Plan. It is proposed that $200, 000 be allocated for the project. That funding level becomes available October 1, 1995 . Based on those constraints and the necessary approvals, the timeline suggested by Mr. Robbins is not unreasonable. CONCLUSION: The City Commission should adopt the Resolution extending the Agreement . JGP:j ph Attachment 2 FIFTH AMENDMENT TO AGREEMENT This Fifth Amendment to the Agreement made and entered into this 26th day of July, 1995 between the City of Miami Beach(City) and Kent Harrison Robbins (Owner). WHEREAS,pursuant to City Commission Resolution No. 94-21418,the City and Owner entered into an Agreement (Agreement) dated December 14, 1994, for the relocation of the coral- rock home (Home) located on 7644 Collins Avenue; and WHEREAS, the Agreement provided that the Owner may appear before Commission to request delays in the designation process and/or the extension of time periods designated in the Agreement,which delays and/or extensions shall be granted for good cause; and WHEREAS, Owner has diligently been pursuing relocation of the Home; and WHEREAS,the Owner and Unidad need additional time to relocate the Home,as the Owner is continuing to negotiate a Contract for Sale and Purchase of Real Property with North Beach Investment Group, Inc., Unidad and the City (the Purchase and Sale Agreement), to facilitate the relocation of the Home to a new site at 1701 Normandy Drive. WHEREAS,the Owner and Unidad need additional time to relocate the Home. NOW,THEREFORE,in consideration of the mutual covenants contained herein,the parties hereby agree as follows: 1. The above recitals are true and correct and are hereby incorporated by reference into this Agreement. 2. Paragraph 1.A.(2) is hereby amended as follows: (2) The Owner shall begin the physical process of preparing the House for relocation within 283 days of the date of the Agreement of December 14, 1994 (September 23, 1995). 3. Paragraph I.A.(3) is hereby amended as follows: (3) The preparation process shall be completed within 60 days of the date of paragraph 2 above. 4. Paragraphs 1.A.(4) is hereby amended to read as follows: (4) Within 90 days after completion of the physical process of preparing the House for relocation in the approved manner above, the House shall be relocated to the vacant lot at 1701 Normandy Drive, Miami Beach, Florida. 5. Paragraph 2.A. is hereby amended to read as follows: A. CONTINUANCE OF DESIGNATION HEARING The City shall continue the designation hearing until the first regular City Commission meeting in April of 1996,or as soon as permitted. Notice of any designation hearing shall be issued at least 30 days prior to the hearing. Should Robbins require additional time to complete the relocation or any stage in the relocation process, he may appear before the City Commission to request additional delays in the designation process and/or in the extension of the time periods designated in this Agreement, which delays and/or extension shall be granted for good cause. 6. No further extensions shall be requested by the Owner unless such request is made jointly with Unidad, for which this extension was requested by the Owner and granted by the City Commission. Provided however, that an extension may be requested by Owner should the relocation process have commenced. 7. The City and Owner hereby ratify and confirm all other terms and conditions of the Agreement which remain unchanged. IN WITNESS WHEREOF,the City and Owner have caused this Fifth Amendment to this Agreement to be executed as of the date first entered above. CITY OF MIAMI BEA H By: ATTEST: M yor Y�oL z4 faA ea_ City Clerk Kent Harrison Robbins (c:\j d\coralro6.amd) FORM APPROVED LEGAL DEPT. By $014,1---• Date .�L-/k... 2