116-92 RDA
RESOLUTION NO.
116- 9 2
A RESOLUTION OF THE MIAMI BEACH REDEVELOPMENT
AGENCY AUTHORIZING THE CHAIRMAN TO EXECUTE AN
AGREEMENT WITH JOSEPH AND ELIZABETH WINDISH TO
PERMIT A RESIDENTIAL APARTMENT BUILDING TO BE
REHABILITATED AT 255 MICHIGAN AVENUE, MIAMI
BEACH, FLORIDA, AND ESTABLISHING A BASE
PURCHASE PRICE FOR SAID PROPERTY SHOULD THE
REDEVELOPMENT AGENCY EXERCISE ITS POWER OF
EMINENT DOMAIN.
WHEREAS, JOSEPH AND ELIZABETH WINDISH ("Windish") have
purchased property described as Lot 15, 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 255 Michigan Avenue, Miami Beach, for the
purposes of rehabilitating a residential apartment building; 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 Windishs' 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 Windish permitting residential use to be
rehabilitated at 255 Michigan Avenue, Miami Beach, Florida and
establishing terms for the acquisition of said property should the
Redevelopment Agency exercise its pow r of eminent domain, a copy
PASSED and ADOPTED this
"1".
of said Agreement attached and incor
1992.
Attest:
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Secretary
Approved as to form:
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MI.mi Be8Ch
Redevelopment Agency
1700 Convention Center Drive
MI.mi Beech, Florid. 33139
REDEVELOPMENT AGENCY.MEKOR,ANDOH NO. 92-12
April 22, 1992
To:
.Chairman and'Members of the Board
of the Redevelopment Agency
From:
Roger M. carltonn I.. ~ -L-
Execu~ive Dir.cto~
subject:
RESOLUTXON AND AGRBBHENT WITH JOSEPH AND BLIZABETH
WINDISH IN THB EVENT THE REDEVELOPMENT AGENCY EXERCISES
ITS POWER OF EMINENT DOMAIN.
Joseph and Elizabeth windish (Windish) have purchased property
described as Lot 15 of Block 81, Ocean Beach Addition No.3,
commonly known as 255 Michigan Avenue.
Windish intends to rehabilitate 'the existing two (2) story four (4)
unit residential, apartment building and provide six (6) off-street
parking spaces at the rear ot the property.
The Board of Adjustment of the City of Miami Beach approved
Windish's request for certain Variances on March 6, 1992, under
file No. 2161 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 wi th respect to the
subject property within the next five (5) years, the Agency shall
pay an amount equal to the purchase price of $97,500 along with the
cost of improvements to the interior and exterior of the permanent
structure, plus appreciation of that ~otalamount calculated at
six (6) percent per annum from this date, to the date of the
taking.
In turn, windish agrees to waive and release any other right to
remuneration, including but not limited to any right to receive the
then fair market value for the property, if the Agency brings forth
any condemnation action within the next five (5) years.
Windish 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
Joseph and Elizabeth Windish, to permit the re~abilitation of their
residential apartment building.
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Attachments
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AGREEMENT
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THIS AGREEMENT is made and entered into as of the day of
~\Cl\J 1992, by and between Joseph and Elizabeth
(
Windish ("Windish") and the MIAMI BEACH REDEVELOPMENT AGENCY, a
publ ic 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. Windish is the fee simple title owner of that certain
parcel of real property legally described as Lot l5, Block 8l,
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 255 Michigan Avenue, Miami Beach, Florida (the
"Property").
B. Windish currently intends to rehabilitate a residential
apartment building on the Property ("Apartment Building").
C. The Board of Adj ustment of the City of Miami Beach
("Board of Adjustment") has, on March 6, 1992, approved Windish's
request for certain variances (the "Variances") under File No.
2l61, with the understanding and upon the condition that this
Agreement be entered into.
D. Windish has voluntarily agreed to enter into this
Agreement as a condition to their 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 Windish
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 from the date of this Agreement through and
until five (5) years from this date, then, and in such event, the
parties agree that the condemnation award (payment) for such taking
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shall be an amount equal to the purchase price of $97.500 plus
appreciation of that amount calculated at six (6%) percent per
annum from the date of this Agreement minus the amount claimed as
depreciation of the Property by the parties of the first part.
2. The calculation of the above sums are based upon and
derived from the addition of the base purchase price of $97.500 and
the portion of the cost of improvements to the interior and
exterior of the subject property solely related to the permanent
structure. The amount shall be finally determined by the city of
Miami Beach.
3. The party of the first part agrees that except as is
set forth above they hereby waive and release any other right to
remuneration in any condemnation proceeding brought by the Miami
Beach Redevelopment Agency during the five (5) years, above
described, including but not limited to any right to receive the
then fair market value for the subject property.
4. 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.
5. 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.
6. This Agreement shall be recorded in the public
records of Dade County, Florida, at the expense of Windish.
7. In the event Windish, their 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.
IN WITNESS WHEREOF, we have hereunto set our hands and seals
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as of the 13,+l<-- day of ~\asr
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Beach, Dade County, state of Florida.
, 1992 at Miami
signed, sealed and delivered
in the presence of:
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.' // JOseph Windish
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.fElizabeth windish
STATE OF FLORIDA )
)SS
COUNTY OF DADE )
BY:
The foregoing instrument was acknowledged before me this
13th day of May, 1992 by JOSEPH WINDISH and ELIZABETH WINDISH ,
who are personally known to me or who has produced driver's 1 icenses
as identification and who did/did not take an oath.
NOTARY PUBLIC
State of Florida at Large
3\'t-. day of
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WITNESS
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my hand and
1992.
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My Commission Expires:
NOTARY PUBLIC STATE OF FLORIOA
MY COMMISSION EXP MAY 2l. 1994
BONDED THflU GENERAL INS UNO
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STATE OF FLORIDA
COUNTY OF DADE
The foregoing instrument was acknowledged before me by SEYMOUR GELBER,
as Chairman of the MIAMI BEACH REDEVELOPMENT AGENC~who is personally known
to me and did not take an oath. !., ,
WITNESS my hand and official seal this \13th. day 0'( May, 1992 .,'):A'f,"i~"iJ . ::.....,..,
(A:\BOA WINDISH.AGT> .\\. ~ " (\Ii .., I '(!(lr.-l::..4:.:....\ ~'>.
KAREN D. SALLIBY , ~.1 ~f</::~ j ~ "", 'e:: '.
Notary Publ ic. State o'f ,:FJ~~d./ ~,~ ;::: ~
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My Commission Expires:
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BONDED THRUO~E~rRAMtAY 21,1994
INS, UNO
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