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:
~,~ ~~
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Secretary
Approved as to form:
---
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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..~ (
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, 1991 at Miami Beach, Dade
County, State of Florida.
signed, sealed and delivered
in the presence of:
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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. ",
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NOTARY PUBLIC,
at Large
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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:
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FORM APPROVED'
LEGAL DEPT.
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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
.,-
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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
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WIT~,~and and
official seal, this
day of.
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My commission expires
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~~~: ] 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:
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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 :
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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
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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:
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nCOI/DCD IN 61r ICIAl RECOI/OS aooa
01' DADE COUNTY. Il0I/IDA.
.<<:0110 VERIFlfD
Clerk of Circuit & County
Courts
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FORM APPROVED
LEGAL DEPT.
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By
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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
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