99-23278 RESO
RESOLUTION
99-23278
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, INFORMING THE FLORIDA DEPARTMENT OF STATE, DIVISION
OF LmRARY AND INFORMATION SERVICES, THAT THE CITY OF MIAMI BEACH
HAS UNCONDITIONAL USE OF ALL THE LAND REQUIRED AND OF THE BUILDING
WHICH WILL BE CONSTRUCTED FOR THE MIAMI BEACH REGIONAL LmRARY
PROJECT.
WHEREAS, the City of Miami Beach submitted a Public Library Construction Grant
Application to the Florida Department of State, Division of Library and Information Services, on
April 21, 1999 in the amount of$500,000 for the construction ofa Miami Beach Regional Library
(the Project); and
WHEREAS, the Florida Department of State, Division of Library and Information Services,
is now requesting that the City provide information which shows that the City has unconditional use
of the site and of the building in accordance with the definition stated in the Grant Application
guidelines; and
WHEREAS, the City is in the process of obtaining all properties required for the construction
of the Project; and
WHEREAS, on June 8, 1999 Defendants, Rodriguez and Tropical Fruit Palace, accepted
Petitioner's Offer of Judgment for Parcel No.2 for real estate in the amount of $840,000, plus
$119,000 for fixtures; and
WHEREAS, an Order of Taking was completed for Parcels No.3 and No.5 in April 1998
and extended possession was granted to the lessee; and
WHEREAS, the acquisition of Parcel NO.4 was completed in January 1998; and
WHEREAS, while title to Parcel 6 is not at this time secure, the City has title to Parcels 4
& 5 which, with appropriate architectural reconfiguration, can accomodate the Project; and
WHEREAS, the City Attorney has stated that the status of ownership and control of Parcels
4 & 5 is sufficient to satisfy the requirements of the Unconditional Use definition stated in the Grant
Application guidelines for construction of a Regional library on said Parcels.
NOW, THEREFORE BE IT DULY RESOLVED "BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission of the City of Miami Beach, Florida, inform the Florida Department of State, Division
of Library and Information Services, that the City of Miami Beach has unconditional use of all the
land required for the construction of the Miami Beach Regional Library project.
PASSED AND ADOPTED this 21st day of July, 1999.
~M
MAYOR
ATTEST:
~~r~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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all grant and local funds for construction, completion of the building, and
submission and approval of the audit.
,,~ .
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,.
G. Department means the Department of State.
H. Division means the Division of Library and Information Services of the
Department of State.
1. Government means a county, municipality, special district or special tax
district.
J. Expansion means adding square feet to an existing library facility.
K. Funding Cycle means the interval oftime between the start of an announced
application submission period and the notification of funding award by the
Division.
L. Grant Agreement means a written docwnent setting forth the terms and
conditions under which a grant is provided to an applicant by the Department,
including the rights and responsibilities of each party to the agreement, which
is approved and signed by the Department and an authorized representative of
the applicant.
M. Grantee means the government to which a grant is awarded.
N. Public Library Service means library service furnished by a public library
free of charge.
o. Remodeling means any structural alteration to the permanent interior walls,
floors, ceilings or exterior shell of a previously completed building. This also
includes alterations to electrical, mechanical and utility systems; remodeling
to ensure safe working environments and to conserve energy; remodeling to
make the facilities accessible by persons with disabilities; and remod~ling to
accommodate new technologies. The term does not include maintenance or
repairs such as repainting, replacing worn carpet, or repairing leaky roofs
unless L'ley are part of an eligible construction project.
P. Site Evaluation means a narrative analysis of the suitability of the location
for the library building.
Q. Unconditional Use means that the building to be remodeled, expanded or
constructed and the site of such building are or will be owned by or under
lease to the applicant no later t.~an 30 days after the notification of the grant
award. Such ownership or lease interest must be continuous and for at least
20 years from completion of the remodeling, expansion or construction of the
building. Leases shall not be revocable at will.
III. ELIGIBILITY
A. The applicant for a library construction grant must be a government.
Library Construction Grant Application
OLIS/PLC02, Effective
)ITACI/;J1fNT Nt'- I
2
ITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
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COMl\HSSION MEMORANDU~I NO. -5.90....:9.9-
TO:
~Iayor Neisen O. Kasdin and
Members of the City C mission
DATE: July 21,1999
FROM: Sergio Rodriguez
City Manager
SUBJECT: A RESOLU ON OF THE ~L\ YOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, INFO~"IING THE FLORIDA
DEPARThIENT OF STATE, DMSION OF LffiRARY A1~1) INFORL"IATION
SERVICES, THAT THE CITY OF IVUAI\H BEACH HAS UNCONDmONAL
USE OF ALL THE LAND REQUIRED AND OF THE BUILDING 'WHICH
'WILL BE CONSTRUCTED FOR THE ML.\l\'II BEACH REGIONAL
LffiRARY PROJECT.
RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
A Public Library Construction Grant Application was submitted to the Florida Department of State
on April 21,1999 in the amount of $500,000 with assurance that the City ofiVliami Beach will
provide dollar for dollar matching funds for the project.
The Florida Department of, State, Division ofLibrarj and Information Services, is now requesting
that the City provide information which shows that the City has unconditional use of the site and
building in accordance with the definition stated in the Grant Application guidelines (Attachment No.
1 ).
ANALYSIS:
The City of iVliami Beach is in the process of obtaining all properties required for the construction
of the lYliami Beach Regional Library. On June 8, 1999 Defendants, Rodriguez and Tropical Fruit
Palace, accepted Petitioner's Offer of Judgment for Parcel No.2 for real estate in the amount of
$840,000, plus $119,000 for fixtures. In June 1998, at the time of the Order of Taking, a deposit
in the amount of $692,435 was made. The acceptance of the Offer of Judgment requires an
additional deposit of $266,565, plus interest, legal fees and costs which is in process.
AGENDA ITEM ~ J ~
DATE "1-2.1-
An Order of Taking was completed for Parcels NO.3 and No.5 in April 1998 and extended
possession was granted to the lessee. The existing building was vacated in August' 1998. The
valuation Hearing is pending.
The acquisition of Parcel NO.4 was completed in January 1998.
The Judge has postponed the City ofl\lliami Beach hearing for Parcel 6, set for July 8, 1999, until the
fees and costs are paid for the Miami Beach Redevelopment Agency case which was dismissed. It
is anticipated that the Right to Take hearing will be rescheduled in late August or September.
Although title to Parcel 6 is not at this time secure, the City has title to Parcels 4 & 5 which, with
appropriate architectural reconfiguration, can accomodate the Library project.
The City Attorney has stated that the status of ownership and control of Parcels 4 & 5 is sufficient
to satisfy the requirements of the Unconditional Use definition stated in the Grant Application
guidelines for construction of a Regional library on said Parcels.
CONCLUSION:
The Mayor and the City Commission of the City of l\Iliami Beach should adopt the resolution
informing the Florida Department of State, Division of Library and Information Services, that the City
of Miami Beach has unconditional use of all the land required, and of the building which will be
constructed, for the Miami Beach Regional Library project.
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Attachments