109-91 RDA
RESOLUTION NO.
109-91
A RESOLUTION OF THE MIAMI BEACH REDEVELOPMENT
AGENCY AUTHORIZING THE CHAIRMAN TO EXECUTE AN
AGREEMENT WITH MERIDIAN PLACE TO PERMIT A
RESIDENTIAL TOWNHOUSE PROJECT TO BE
CONSTRUCTED AT 325-35-45 MERIDIAN AVENUE,
MIAMI BEACH, FLORIDA, AND ESTABLISHING A BASE
PURCHASE PRICE FOR SAID PROPERTY SHOULD THE
REDEVELOPMENT AGENCY EXERCISE ITS POWER OF
EMINENT DOMAIN.
WHEREAS, MERIDIAN PLACE has purchased property described as
Lots 12, 13 and 14, Block 55, OCEAN BEACH, FLORIDA 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
325-35-45 Meridian Avenue, Miami Beach, for the purposes of
operating a residential townhouse project; 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 Meridian Placels 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 Meridian Place permitting a residential townhouse
project to be located at 325-35-45 Meridian 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 4th
1991.
Attest:
~~.,~
Secretary
Approved as to form:
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JCD/cnm
a:meridian.res
Miami Beach
Redevelopment Agency
1700 Convention Center Drive
Miami Beach, Florida 33139
REDEVELOPMENT AGENCY MEMORANDUM NO. 91-14
December 4, 1991
To: Chairman and Members of the Board
of the Redevelopment Agency
From: Carla Bernabei Talarico~
Executive Director ~
subject: RESOLUTION AND AGREEMENT WITH MERIDIAN PLACE IN THE EVENT
THE REDEVELOPMENT AGENCY EXERCISES ITS POWER OF EMINENT
DOMAIN.
Meridian Place (Meridian) has purchased property described as Lots
12, 13, and 14 of Block 55, Ocean Beach Florida Addition No.3,
commonly known as 325-35-45 Meridian Avenue.
Meridian currently intends to construct a three story, 18 unit
townhome project on the property.
The Board of Adjustment of the City of Miami Beach approved
Meridian's request for certain variances under file No. 2208 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 Meridian has secured
construction financing, if any, and prior to commencement of
construction of the Project, 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.
Meridian 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
Meridian Place, to permit construction of their residential
townhome project.
CBT:WHH:JD:rd
Attachments
OIJ
.
AGREEMENT
mls AGREEMENT is made and entered into as of this Iorh day of
December, 1991, by and between MERIDIAN PLACE, ("Meridian") 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")
WHEREAS:
A. Meridian is the fee simple title owner of that certain parcel of real
property legally described as Lots 12, 13 and 14, Block 55, Ocean Beach Florida Addition No.
3 as recorded in Plat Book 2 at page 81, of the Public Records of Dade County, Florida, and
more commonly referred to by the street address of 325-35-45 Meridian Avenue, Miami Beach,
Florida (the "Property").
B. Meridian currently intends to construct a residential townhouse project on
the property.
C. The Board of Adjustment of the City of Miami Beach ("Board of
Adj ustment ") has, effective as of October 4, 1991, approved Meridian's (Gross/Gottlieb) request
for certain variances (the "Variances") under File No. 2208, with the understanding and upon
the condition that this Agreement be entered into.
D. Meridian 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
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valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is
agreed by and between Meridian and MBRA that:
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
Meridian has secured construction financing, if any, and prior to the commencement of
construction of the project 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. 2208) 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 Meridian
or its successors or assigns commences construction of the project 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 Meridian or its successors or assigns continue in "active progress" as
defined in Section 304.3(t) of the South Florida Building Code. In any event, this Agreement
shall automatically become null and void of no further force and effect after the foundations have
been completed or upon the issuance of a certificate of occupancy for any of the project units
in the event the project is 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,
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the prevailing party shall have a ri&ht 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 Meridian.
6. In the event Meridian, its successors and assigns, and/or any
parties claiming by, through or under them, initiates any legal action to rescind the terms of this
Agreement, then the Variances shall automatically become void and of no further force or effect.
--ti-
IN WITNESS WHEREOF we hereunto set our hands and seals this b day
of December, 1991, at Miami Beach, Dade County, State of Florida.
Signed, sealed and delivered
in the presence of:
Wi~=
~~
MERIDIAN PLACE
By:/~Q~ PcUdEo:t
STATE OF FLORIDA )
)ss
COUNTY OF~ )
On this day, personally appeared before me, an officer duly authorized to take
acknowledgements, HOWA~\) A..G-D+tlll~?' ,as P,...asl'dGO'
_ of Meridian Place, to me well known and known to be the individual described in and
who executed the foregoing, Agreement in his capacity as rr-E'sieLt.d- 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 t,
day of November, 1991.
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My Com~ission expires:
NOTAR'; PUBLIC STATE OF FL~IOA
MY COMMISSION EXPJ~C1V. 25.1995
OONDID nIRU GJ:NElVIL INS. UNO.
MIAMI BEACH REDEVEWPMENT
AGENCY, a public agency organized
and existin pursuant to the Community
Redevelop ent Act of 196 ou d in Chapter
163, Flo da Statutes, as ~ en ed
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Attest:
RDA Secretary. 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, Se,y /1t..t1t.(/' 6~ I her , as Chairman of the Miami Beach
Redevelopment Agency and If, 'c It. ~ r d E 81'"'0 W It. as City Clerk of City of Miami
Beach, to me well know.g aQd known to be the individuals described in and who executed the
foregoing, Agreement in ~tcapaci!X as CAdit,,,;;,, ilk) S~ret;lry of said corporation, and heti1ey
acknowledged to and before me that"tleY executed the same on behalf of the corporation for the
uses and purposes therein specified.
/ -r-- h
In witness whereof, I have hereto affixed my hand and official seal this r.:-
day of Becember, 1991.
FORM APPROVED
LEGAL DEPT.
By -rc ,3)
...~
~I .
f2~,,~ ~(W"-
Notary Public, State of Florida at Large
My Commission expires:
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