84-89 RDA
RESOLUTION NO.
84-89
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF MIAMI BEACH, FLORIDA APPROVING AND
ACCEPTING THE SETTLEMENT OFFER IN MIAMI BEACH
REDEVELOPMENT AGENCY V. AZCUI, ET AL,
CONCERNING PAYMENT OF $62,500.00 FOR THE TAKING
OF PARCEL NUMBER 1 THEREIN, LEGALLY DESCRIBED
AS THE EAST 40 FEET OF WEST 80 FEET OF LOT 1,
BLOCK 78, OCEAN BEACH ADDITION NO.3, PLAT BOOK
2, PAGE 81, DADE COUNTY, FLORIDA; SAID
$62,500.00 REPRESENTING PAYMENT IN FULL FOR
SAID PROPERTY (OWNER TO ASSUME ATTORNEY'S FEES
AND COSTS), AND FURTHER AUTHORIZING THE FUNDS
FOR THIS ACQUISITION TO BE TAKEN FROM THE
REDEVELOPMENT AGENCY OPERATING ACCOUNT.
BE IT RESOLVED BY THE REDEVELOPMENT AGENCY OF THE CITY OF MIAMI
BEACH, FLORIDA THAT:
WHEREAS, on May 31, 1989, the City of Miami Beach Redevelopment
Agency instituted an eminent domain action styled city of Miami
Beach Redevelopment Aqency v. Azcui, et aI, Case No. 89-23516, to
acquire 12 parcels of property in Miami Beach for the purpose of
reducing blight in the South pointe area of said city via the
construction of residential townhouses therein; and
WHEREAS, as set forth more specifically in the attached letter
from Attorney Jorge Lopez (Counsel for parcel number 1 in the
subject lawsuit, said parcel being legally described as East 40
feet of West 80 feet of Lot 1, Block 78, Ocean Beach Addition No.
3, Plat Book 2, Page 81, Dade County, Florida), settlement of this
parcel has been offered upon receipt of $62,500.00 for the parcel's
property value, representing payment in full for said property
(owner to assume attorney's fees and costs); and
WHEREAS, the General Counsel of the Miami Beach Redevelopment
Agency has recommended acceptance of this offer.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY OF MIAMI BEACH
REDEVELOPMENT AGENCY, THAT:
1. The City of Miami Beach Redevelopment Agency finds,
determines and declares that those matters set out in the foregoing
recitals are true and correct, and they are hereby incorporated as
a portion of this Resolution; and
2. The General Counsel's recommendation concerning acceptance
of the settlement offer from Attorney Jorge Lopez, concerning
parcel number 1, (legally described as East 40 feet of West 80 feet
of Lot 1, Block 78, Ocean Beach Addition No.3, Plat Book 2, Page
81, Dade County, Florida), in city of Miami Beach Redevelopment
Agency v. Azcui, et aI, is hereby accepted and approved; and
3. The City of Miami Beach Redevelopment Agency thus
authorizes the appropriation of $62,500.00 for the settlement of
parcel number 1 in city of Miami Beach Redevelopment Aqency v.
Azcui, et aI, said funds representing total payment for the taking
1
of said property, and further authorizes that the appropriation of
said funds be taken from the Redevelopment Agency Operating
Account.
PASSED and ADOPTED this 26th day of
July
, 1989.
AT'l'EST:
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SECRETARY
AMWjJKOjrg
FORM APPROVED
REDEVEl NDl:f
GE
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By
Oate
2
lAW OFF'CES
JORGE LUIS LOPEZ
PROFESSIONAL ASSOCIATION
JORGE LUIS LOPEZ
WESTLAND EXECUTIVE OFFICE PARK
1800 WEST 49th STREET. SUITE 100. HIALEAH, FL 33012
(305) 824-3330
July 20, 1989
Mr. William Harrison
Office of the City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
RE: Joseph Azcui/8l4 - Second Street, Miami Beach, Florida
Dear Mr. Harrison:
Enclosed please find Mr. Azcui's executed offer to sale the
above referenced property. Please advise upon receipt of this
letter the time requirements of the city with regards to
approving the offer.
Thanking you in advance for your prompt cooperation in this
matter. If there are any questions please call me.
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Very truly yours,
.: 1/ " ,
Jorge 4uis Lopez
cc:Joseph Azcui
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OFFER FOR SALE
In consideration of the sum of $10.00, receipt of which is
hereby acknowledged, I hereby offer to sell to the Miami Beach
Redevelopment Agency, for the price of sixty-two thousand five
hundred ($62,500.00) Dollars, the following described property
commonly known as: 814-2nd Street, Miami Beach, Florida.
Legally described as:
East 40 feet of West 80 feet
78, Ocean Beach Addition No.3,
Page 81, Dade County, Florida.
of Lot 1, Block
Plat Book 2,
The sum of sixty-two thousand five hundred ($62,500.00) Dollars
is compensation in full for the described property, free of all
encumbrances, including liens, mortgages, judgments, contract for
the payment of money, real estate taxes and other governmental
levies for all prior years. Seller shall be responsible for
documentary stamps, including surtax, and his own attorneys
fees. Real estate taxes and prepaid rents shall be prorated to
the date of closing. All improvements on the described property
are included in this offer.
This offer for sale is made on the understanding that emi~ent
domain proceedings have been instituted as to this property;
consequently, this agreement is made to forestall protracted
litigation. Seller shall not be required to enter any further
pleadings in these proceedings unless the offer is rejected.
We understand that this offer is subject to approval of the
Miami Beach Redevelopment Agency of the City of Miami Beach and
it can be accepted only by Agency Resolution authorizing same.
Delivery of possession shall be upon payment of the above amount
unless written consent to an extension is received.
This sale is subject to the following special conditions:
1. The seller shall retain all fixtures and appliances
currently existing on the premises.
2. The foregoing is subject to tenants in possession and
such leases as the tenants may have. Seller agrees not to enter
into any written leases after the date of this offer.
3. Seller's delivery of good and marketable Title.
4. Seller may retain occupancy for a period of thirty
(30) days following the closing date.
5. Closing to take place within 30 days of acceptance.
This offer for sale is irrevocable for a period of twenty
(20) days from this date.
I
DATED this ,/1'l'~ day of July, 1989.
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