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105-91 RDA RESOLUTION NO. 105-91 A RESOLUTION OF THE MIAMI BEACH REDEVELOPMENT AGENCY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH CAMP DEVELOPMENT CORP. TO PERMIT RESIDENTIAL TOWNHOUSE CONDOMINIUMS TO BE CONSTRUCTED AT 208 - 218 JEFFERSON AVENUE, MIAMI BEACH, FLORIDA, AND ESTABLISHING TERMS FOR SAID PROPERTY SHOULD THE REDEVELOPMENT AGENCY EXERCISE ITS POWER OF EMINENT DOMAIN. WHEREAS, CAMP DEVELOPMENT CORP. has purchased property described as Lots 6, 7, and 8, Block 81, OCEAN BEACH, ADDITION NO. 3, according to the plat thereof as recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Florida, commonly known as 208 - 218 Jefferson Avenue, Miami Beach, for the purposes of building residential townhouse condominiums and other facilities thereon; and WHEREAS, there is a need to encourage development of properties in the Redevelopment Area; and WHEREAS, the Board of Adjustment of the city of Miami Beach has approved Camp Development Corp's variance requests becoming effective upon this agreement being entered into. NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI BEACH REDEVELOPMENT AGENCY that the Chairman is authorized to execute an agreement with Camp Development Corp. permitting residential townhouse condominiums to be located at 208 - 218 Jefferson Avenue, Miami Beach, Florida and establishing terms for the acquisition of said property should the Redevelopment Agency exercise its power of eminent domain, a copy of said Agreement attached and incorporated hereto as Exhibit "1". PASSED and ADOPTED this 25th day of September 1991. .~~ Vlce- a1 n Attest: ~,~ ~~ ~ ..~ ~ Secretary Approved as to form: --- -.C)) 4' - 11-'1/ JCD/jal caqx:leve.res Miami Beach Redevelopment Agency 1700 Convention Center Drive Miami Beach, Florida 33139 REDEVELOPMENT AGENCY MEMORANDUM NO. 91-9 September 25, 1991 From: Chairman and Members of the Board of the Redevelopment Agency Carla Bernabei TalariC~ Executive Director To: subject: RESOLUTION AND AGREEMENT WITH CAMP DEVELOPMENT CORPORATION IN THE EVENT THE REDEVELOPMENT AGENCY EXERCISES ITS POWER OF EMINENT DOMAIN. Camp Development corporation (Camp) has purchased property described as Lots 6, 7, and 8 of Block 81, Ocean Beach Addition #3, commonly known as 200-218 Jefferson Avenue. Camp currently intends to construct 16 residential townhouse condominiums on the property, consisting of four detached 3 story buildings. The Board of Adjustment of the City of Miami Beach approved Camp's request for certain variances under file No. 2182 with the understanding and conditioned upon this Agreement being entered into with the Miami Beach Redevelopment Agency (Agency). The above mentioned agreement specifies that in the event the Agency commences any condemnation action with respect to the subject property prior to the time that Camp has secured financing and commenced construction of the Condominiums, that the condemnation award for such taking shall be determined and computed, for all purposes, as provided by applicable law except that the determination of value, shall be made as if such Variances had never been granted. Camp has voluntarily agreed to enter into this agreement as a condition related to its request for the Variances. ADMINISTRATION RECOMMENDATION: The Administration recommends that the Agency's Board authorize the Chairman to execute the attached Resolution and Agreement with Camp Development corporation, to permit construction of their townhouse condominium development. CBT:WHH:JD:me Attachments au 3 . AGREEMENT THIS AGREEMENT is made and entered into as of the 13th day of September, 1991, by and between CAMP DEVELOPMENT CORP., a Florida corporation ("Camp") and the MIAMI BEACH REDEVELOPMENT AGENCY, a public agency organized and existing pursuant to the Community Redevelopment Act of 1969, found in Chapter 163, Florida Statutes, as Amended ("MBRA"). W HER E A S: A. Camp is the fee simple title owner of that certain parcel of real property legally described as Lots 6 through 8 inclusive, Block 81, OCEAN BEACH ADDITION NO. THREE, according to the Plat thereof, recorded in Plat Book 2, Page 81, of the Public Records of Dade County, Florida, and more commonly referred to by the street address of 208-218 Jefferson Avenue, Miami Beach, Florida (the "Property"). B. Camp currently intends to construct residential townhouse condominiums on the Property ("Condominiums"). C. The Board of Adjustment of the City of Miami Beach ("Board of Adjustment") has, effective as of June 7, 1991, approved Camp's request for certain variances (the "Variances") under File No. 2182, with the understanding and upon the condition that this Agreement be entered into. D. Camp has voluntarily agreed to enter into this Agreement as a condition related to its request for the Variances before the Board of Adjustment. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed by and between Camp and MBRA that: THIS INSTRUMENT PREPARED BY: Rebecca M. Miller, Esquire Friedman, Baur, Miller & Webner, P.A. 21st Floor, New World Tower 100 North Biscayne Boulevard Miami, Florida 33132 1. In the event the MBRA commences any condemnation action (or other proceeding in the nature of condemnation) with respect to the Property prior to the time Camp has secured construction financing, if any, and has commenced construction of the Condominiums as defined by Section 304.3(f) of the South Florida Building Code (or other improvements as indicated in the site plan approved under File No. 2182) on the Property, then, and in such event, the parties agree that the condemnation award (payment) for such taking shall be determined and computed for all purposes as provided by applicable law except that the determination of value shall be made as if the Variances had never been granted. 2. Anything to the contrary notwithstanding, in the event Camp or its successors or assigns commences construction of the Condominiums or alternative improvements on the Property, then t:his Agreement shall automatically be null and void and of no further force or effect so long as Camp or its successors or assigns continue in "active progress" as defined in section 304.3(f) of the South Florida Building Code. In any event, this Agreement shall automatically become null and void and of no further force and effect after the foundations for all Condominiums or alternative improvements have been completed or upon the issuance of a certificate of occupancy for any Condominium unit in the event the Condominiums are built in phases. 3. This Agreement shall be a covenant running with the Property and shall be binding upon and inure to the benefit of the parties hereto, and their respective successors and assigns, and all parties claiming by, through or under them. 4. Should there be litigation to enforce or interpret this Agreement, the prevailing party shall have a right to reasonable attorney fees and court costs at trial and all appellate levels. 5. This Agreement shall be recorded in the public records of Dade County, Florida, at the expense of Camp. 6. In the event Camp, its successors and assigns, and/or any parties claiming by, through or under them, initiates any legal 2 action to rescind the terms of this Agreement, then the Variances shall automatically become void and of no further force or effect. IN WITNESS WHEREOF, we have hereunto set our hands and seals as of the ~ day of / .),~.O \ Q'" \ j..~ ( '. , 1991 at Miami Beach, Dade County, State of Florida. signed, sealed and delivered in the presence of: (/;~ Go " 00; " ~,Ht::J l({J(~~~ .. , '1 " 7-4 W~..~<:cc\.1'".h:'~(' , /,' / l/ ./'/_..., .-:/'0/ /' ';' ,/ ..'....... / t,. / ~~'~ . K",~',\~.... 1('1 "':.'10.:> (, i CAMP DEVELOPMENT CORP. ",,8 Florida corporation ,', r (. STATE OF FLORIDA ) )SS ) . I COUNTY OF DADE On this day, personally appeared before me, an officer duly authorized to take acknowledgements, Kay Statz, as President of Camp Development Corp., a Florida corporation, to me well known and known to be the indi vidual described in and who executed the foregoing Agreement in his capacity as President of said corporation, and he acknowledged to and before me that he executed the same on behalf of the corporation for the uses and purposes therein specified. In Witness Whereof, I have hereto affixed my hand and official seal this ..lL day of September, 1991. ", t"~' / ,,' /} '" .~. '. . -;., /- // /~// /.., .. ' ,,/ "~./,, .".../-"'- ,. NOTARY PUBLIC, at Large state ,of Flci.r.ida ';:.' (~) ., J j.. My commission Expires: ,..... " "~t!!ry Pl.:,.lir, Stafe G' norrlll~ My (on:~7C;:~bn IE:.-rim June 2?, 1994 U'..l'Id ~ d Thru Troy foin . Insuronce Inc. ,. i -, MIAMI BEACH REDEVELOPMENT AGENCY, a public agency organized and existing pursuant to the Community Redevelopment Act of 1969, found in Chapter 163, Florida Statutes, as Amended ~Q By: - ~.~ - . ice- Chairman ~~'~ ~~ ~L\~L... ~ :~"\\.\ ~, Attest~~wd-E\~~ city Clerk of city of Miami Beach STATE OF FLORIDA ) )SS ) COUNTY OF DADE On this day, personally appeared before me, an officer duly authorized to take acknowledgements, .:5i7:MILEV MK/fl/ a~C~airman of the Miami ijeach Redevelopment Agency and , C-f-n::reo E', ,-6l!ouJN , as City Clerk of City of Miami Beach, to me well l:nown and known to be the individuals described in and 3 who executed the foregoing Agreement in their capacity as Chairman and City Clerk, and they acknowledged to and before me that they executed the same for the uses and purposes therein specified. In witness Whereof, I have hereto affi seal this ~ day of September, 1991. au: y hand and official NOTARY P a t LC!~g.e My Commission Expires: : .... ,~, i"," i','.;:{y(;', FORM APPROVED' LEGAL DEPT. By -j (.y ~ DIIIt~1 / D _c) - &) I 4 , . .,...~....~ ~~ ~~ &: e/~ HAROLD ROSEN ROBERT L. SWITKES -JOH N A. F"OLEY OF" COUNSEL HOWARD GROSS 407 LINCOLN ROAD PENTHOUSE SOUTHEAST MIAMI BEACH. F"LORIDA 33139-3008 TELEPHONE (305) 534-4757 TELEF"AX (305) 538.5504 November 18, 1991 Prospero Cabrera, Assistant Zoning Director City of Miami Beach Planning and Zoning Board 1700 Convention Center Drive Miami Beach, Florida 33139 Re: Kay M. Statz for Camp Development Corp. 208- 218 Jefferson Avenue Miami Beach, Florida Dear Mr. Cabrera: Enclosed please find original Board of Adjustment Order dated July 10, 1991 which was filed with the Clerk, Circuit Court of Dade County in connection with the above captioned matter. Very truly yours, ROSEN & SWITKES 'iteJ For the firm HG/mr Enclosures cc: Rebecca Miller, Esq. , , .... . ~f~: I 5Z6srnZ039 BEFORE THE BOARD OF ADJUSTMENT OF THE CITY OF MIAMI BEACH, FLORIDA 91R396940 1991 NOV 13 09:34- IN RE: MEETING DATE: JUNE 7, 1991 The application of FILE NO. 2182 KAY M. STATZ FOR CAMP DEVELOPMENT CORP. 208-218 JEFFERSON AVENUE LOTS 6,7 AND 8; BLOCK 81 OCEAN BEACH FLA. ADDITION NO.3; PB 2/81 o R D E R The applicant, Kay M. statz for Camp Development Corp., filed an application with the Director of the Planning and Zoning Department for variances to: 1. Waive 13 ft. of the minimum required 20 ft. front yard setback in order to construct a new 16 unit townhouse project 7 ft. from the front property line (Jefferson Avenue) . 2. Waive 6 ft. of the m1n1mum required 12 ft. north side yard setback in order to construct the above mentioned project 6 ft. from the north property line. 3. Waive 13 ft. of the minimum required 14 ft. rear yard setback in order to construct the above mentioned proj ect one (1) ft. from the rear property line, along the alley. 4. Waive 4,518 sq. ft. of the minimum required open space area of 10,122 sq. ft. in order to construct the above mentioned project providing an open space area of 5,604 sq. ft. (27%). 5. Waive Section 8-6F. that prohibits the location of garbage dumpsters within a required side or rear yard, and instead, be permitted to locate a trash dumpster in the rear yard of the property along the alley. Notice of the request for variance was given as required by law and mailed to owners of property within a distance of 375 feet of the e:xterior limits of the property on which application was made. The Beard finds that the property in question is located in the RPS-l Zo~ing District. The Board further finds: That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district; continued . . . 1 , . '~ff: J 5Z68f62D40 File No. 2182 (continued) Kay M. statz for Camp Development Corp. 208-218 Jefferson AVe. That the special conditions and circumstances do not result from the action of the applicant; That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings, or structures in the same zoning district; That literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Ordinance and would work unnecessary and undue hardship on the applicant; That the variance reasonable structure; variance granted is the minimum that will make possible the use of the land, building or That the granting of the variance will be in harmony with the general intent and purpose of this Ordinance and that such variance will not be injurious to the area involved or otherwise detrimental to the pUblic welfare. IT IS THEREFORE ORDERED, by the Board, that the variances as requested and set forth above be APPROVED wi th the following conditions to which the applicant has agreed: 1. The Design Review Board final approval of May 14, 1991 to this project subject to nine (9) conditions be made part of this approval. 2. A financial control agreement for this property, similar to the one utilized for the property located at 161 Washington Avenue (File No. 1704; Dr. Soto), shall be established in the event the City or the Redevelopment Agency deem it necessary to acquire by condemnation this property. This instrument shall be approved by the City ~~ the Redevelopment Agency and recorded with the Final Ozuer. continued . . . 2 , , ~ff: I 5Z68fGZ04 J File No. 2182 (continued) Kav M. statz for Camp Development Corp. 208-218 Jefferson Ave. 3. Compliance with Federal Flood Hazard Ordinance~ 4. On-site drainage. 5. Underground placement of utility service connections. 6. Removal and replacement of entire curb, gutter, sidewalk frontage. Revocable permit required installation of brick sidewalk. and for 7. Payment of impact fees. 8. Proper garbage facilities. PROVIDED, the applicant shall take all necessary steps to have a permit issued by the Building Department within a period of six (6) months from the date of hearing (June 7, 1991), unless the Board specifies a more restrictive time limitation, otherwise this Order shall become null and void, unless the issuance of such permit is stayed by an appeal to the appropriate court. This Order does not constitute a permit, but upon presentation of this Order to the Planning and Zoning Department, a permit shall be approved and processed in accordance and pursuant to the ordinances of the City of Miami Beach. Dated this '" " 1 0 - day of .J. \-, ( 'I BOARD OF THE CITY FLORIDA , 1991. ADJUSTMENT OF OF MIAMI BEACH, " jt}~ BY: BARTON GOL CHAIRMAN ," Ricfuard A. Gatti, Public W~rks Director Dearn Grandin, Jr., Planning & Zoning Director Approved As To Form, Legal Department ~~~ ) ( :s~ ) STATE OF ~'1.0RIDA) )SS COUNTY OF DADE ) continued . . . 3 . . ~tf: I 5268PB2042 .,- \ File No. 2182 (continued) Kav M. statz for Camp Development Corp. 208-218 Jefferson Ave. BEFORE ME personally appeared BARTON GOLDBERG to me well known and known to me to be the person described in and who executed the' foregoing instrument, and acknowledged to and before me th~~ he executed said instrument for the purpose therein expressed.',:, '.,. ';'"\, A.D. 1991. /IJ .::"r. WIT~,~and and official seal, this day of. ~~' . , , '" ,-.J ::;,.... , i. My commission expires ~ " . '. t ,,' '..'. . 4 ~ rt . . ~~~: ] SZ68fBZ043 AGREEMENT THIS AGREEMENT is made and entered into as of the 13th day of September, 1991, by and between CAMP DEVELOPMENT CORP., a Florida corporation ("Camp") and the MIAMI BEACH REDEVELOPMENT AGENCY, a public agency organized and existing pursuant to the Community Redevelopment Act of 1969, found in Chapter 163, Florida statutes, as Amended ("MBRA"). W HER E A B: A. Camp is the fee simple title owner of that certain parcel of real property legally described as Lots 6 through 8 inclusive, Block 81, OCEAN BEACH ADDITION NO. THREE, according to the Plat thereof, recorded in Plat Book 2, Page 81, of the Public Records of Dade County, Florida, and more commonly referred to by the street address of 208-218 Jefferson Avenue, Miami Beach, Florida (the "Property"). B. Camp currently intends to construct residential townhouse condominiums on the Property ("Condominiums"). C. The Board of Adjustment of the City of Miami Beach ("Board of Adjustment") has, effective as of June 7, 1991, approved Camp's request for certain variances (the "Variances") under File ., No. 2182, with the understanding and upon the condition that this Agreement be entered into. D. Camp has vOluntarily agreed to enter into this Agreement as a condition related to its request for the Variances before the Board of Adjustment. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed by and between Camp and MBRA that: THIS INSTRUMENT PREPARED BY: Rebecca M. Miller, Esquire Friedman, Baur, Miller & Webner, P.A. 21st Floor, New World Tower 100 North Biscayne Boulevard Miami, Florida 33132 ! ' '" '. '~ff: ) 5Z6SfbZ044 1. In the event the MBRA commences any condemnation action (or other proceeding in the nature of condemnation) with respect to the Property prior to the time Camp has secured construction financing, if any, and has commenced construction of the Condominiums as defined by Section J04.J(f) of the South Florida Building Code (or other improvements as indicated in the site plan approved under File No. 2182) on the Property, then, and in such event, the parties agree that the condemnation award (payment) for such taking shall be determined and computed for all purposes as provided by applicable law except that the determination of value shall be made as if the Variances had never been granted. 2. Anything to the contrary notwithstanding, in the event Camp or its successors or assigns commences construction of the Condominiums or alternative improvements on the Property, then this Agreement shall automatically be null and void and of no further force or effect so long as Camp or its successors or assigns continue in "active progress" as defined in Section J04.J(f) o~ the South Florida Building Code. In any event, this Agreement shall automatically become null and void and of no further force and effect after the foundations for all Condominiums or alternative improvements have been completed or upon the issuance of a certificate of occupancy for any Condominium unit in the event the Condominiums ilre built in phases. J. This Agreement shall be a covenant running with the Property and shall be binding upon and inure to the benefit of the parties hereto, and their respective successors and assigns, and all parties claiming by, through or under them. 4. Should there be litigation to enforce or interpret this Agreement, the prevailing party shall have a right to reasonable attorney fees and court costs at trial and all appellate levels. 5. This Agreement shall be recorded in the public records of Dade County, Florida, at the expense of Camp. 6. In the event Camp, its successors and assigns, and/or any parties claiming by, through or under them, initiates any legal 2 ~~~: I SZ68PGZ045 action to rescind the terms of this Agreement, then the Variances shall automatically become void and of no further force or effect. IN WITNESS WHEREOF, we have hereunto set our 'hands and seals as of the I.:'..> day of ./>'~_'.') \ '.!., '" \').' ( ,1991 at Miami Beach, Dade - . county, state of Florida. Signed, sealed and delivered in the presence of: ~r, <::-'1 <~/--,. 1'- ,l' ,,~..' ./"'.1""n, 19,4." ~ , I, o~( I /, ; , /.~ ". ..l y,'t ..... C c-<, . h; I 'c ( "', ././..;( -7/ ..t ./ 7/. .... '"-"'//'~'),l'" ~._, K,,"'\"\ICC" \-1I:\'~'1o.'" .~-' ,,' CAMP DEVELOPMENT CORP., a Florida corporation STATE OF FLORIDA ) )SS COUNTY OF DADE ) On this day, personally appeared before me, an officer duly authorized to take acknowledgements, Kay statz, as President of camp Development Corp., a Florida corporation, to me well known and known to be the individual described in and who executed the foregoing Agreement in his capacity as President of said corporation, and he acknowledged to and before me that he executed the same on behalf of the corporation for the uses and purposes therein specified. In witness Whereof, I have hereto affixed my hand and official seal this ~ day of September, 1991. , ,\ ~J : ~~.~.;~/.' <I?- ~;f~.: _. NOT~R.Y 'PUBLIC, State of FJ.ol;'ida at Large ,.' (Beal) . "". .', My Commission Expires: N::I!c~y rd:lk, H:::o of F~",rida ' ^~y C:!:m:hj::n ~:::,ir~s !~'I1~ ~'1, 1994 Conued Thru Troy Fain e Inlurance Inc. " .\ ~~ E' ""." " , ,. ,;,/, ~' - "~..-. ."'-'" ". " "i1: '0 ....<1~~ ).'~,t',\./') ~___ '0 '0 . ,...- ,: . ,,-Z l'~';'{'~ -- ~ ~e~~:j ~tLtA t:.S '''\.l<l- ~ .,. "'" MIAMI BEACH REDEVELOPMENT AGENCY, a public agency organized and existing pursuant. to the Community Redevelopment Act of 1969, found in Chapter 163, Florida statutes, as Amended B~4D Vice -Chairman Attest: ~~~ C.~ city Clerk of City of Miami Beach STATE OF FLORIDA ) )SS COUNTY OF DADE ) On this day, personally appeared before me, an officer duly authorized to take acknowledgements, sr,a')1/Lt:.:y /J-r.:? ~l N , ~sl..<Chairman of the Miami Beach Redevelopment Agency and tZlci-IJ:fI.::'D E:. i3t.!0i..v1'll , as City Clerk of City of Miami Beach, to me well"known and known to be the individuals described in and 3 who executed the foregoing Agreement in their capacity as Chairman and city Clerk, and they acknowledged to and before me that they executed the same for the uses and purposes therein specified. In witness Whereof, I have hereto affi seal this -=.:L. day of ..sep~mber, 1991. Ot!r: d~y hand and official )L.fU- ~ NOTAR'(.J?Y...LIC, state of F!9r~da at Larg~ (~) My Commission Expires: U;';:{ .:: :J',::';~'.': ,::'; fr;~~r~/~-. ~';i:-~!f~ L......ll 'j",,<I ~:U!CI:I'L 11'" 'l':r:'''' 1..).. Ih..'. nCOI/DCD IN 61r ICIAl RECOI/OS aooa 01' DADE COUNTY. Il0I/IDA. .<<:0110 VERIFlfD Clerk of Circuit & County Courts -Ut".:., .. . FORM APPROVED LEGAL DEPT. 'J..t...:::J.....' By Date 10-'\-"1 I .~,;:~~!> :\" .... ,.1:....- L ': ;.". \ ',. J: r ' , . I ,,/ ,::'I~>::Y ,.,y, , , ~,. .,. STATE OF FLORIDA ',' ~"';~:':".:.;;'i'.'/ COUNTY OF DADE: ",- ",;/,',,:...1.>;\."'-;; 'C"ty Clc"'k~~of ,.the I, RICHARD E. 8ROW~:: I do':derebrc8rti'fY-. City of Miami Beach, FI~.n.da,.. :!'ru and C,or. ' that tile above and fo.~eSO'r~;'n ~ lr'/f1,l c" 'in t"is . ., 'I thereof cln II" V rect copy of the ongm'l '~......~:-;j,. "",~.,I 'f office. " .+~, +h~~r~~\J{iS~'i'dCitY WITNESS, my hand'.a~) '.~ Ql', this.1tPdayof'1\.41~"tlA\b-.,1?~. r ,', RICHARD E. BROWN . City Clerk of the City of Miami,Beach. Florida if~J,{.:;) ( iJ ~~ - Deputy v: 4