103-91 RDA
RESOLUTION NO.
1 03- 9 1
A RESOLUTION OF THE MIAMI BEACH REDEVELOPMENT
AGENCY AUTHORIZING THE CHAIRMAN TO EXECUTE AN
AGREEMENT WITH BEN FRANKLIN FLORIDA
ENTERPRISES, INC. TO PERMIT A HOTEL TO BE
CONSTRUCTED AT 101-115 OCEAN DRIVE, MIAMI
BEACH, FLORIDA, AND ESTABLISHING A BASE
PURCHASE PRICE FOR SAID PROPERTY SHOULD THE
REDEVELOPMENT AGENCY EXERCISE ITS POWER OF
EMINENT DOMAIN.
WHEREAS, BEN FRANKLIN FLORIDA ENTERPRISES, INC. has purchased
property described as Lots 7, and 8, Block 113, OCEAN BEACH,
ADDITION NO.4, according to the plat thereof as recorded in Plat
Book 3 at Page 151 of the Public Records of Dade County, Florida,
commonly known as 101 and 115 Ocean Drive, Miami Beach, for the
purposes of operating a hotel, restaurant 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 Ben Franklin Florida Enterprise, Inc.' 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 Ben Franklin Florida Enterprise, Inc. permitting a
hotel, restaurant and other facilities to be located at 101 and 115
Ocean Drive, 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".
day of
June
PASSED and ADOPTED this 5th
1991.
Attest:
VI.Ct.._
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Secre'cary
Approved as to form:
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JCD/j al
Benfrank.res
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Miami Beach
Redevelopment Agency
1700 Convention ~enter Drive
Miami Beach, Florida 33139
REDEVELOPMENT AGENCY MEMORANDUM NO. 91-6 I~~
DATE: June 5, 1991
FROM:
Chairman and Members of
the Redevelopment Agency
Carla Bernabei ~o
Executive Director
TO:
SUBJECT: AGREEMENT WITH BEN FRANKLIN FLORIDA ENTERPRISES, INC.
ESTABLISHING A BASE PURCHASE PRICE SHOULD THE
REDEVELOPMENT AGENCY EXERCISE ITS POWER OF
EMINENT DOMAIN
BACKGROUND
Ben Franklin Florida Enterprises, Inc., has purchased property
described as Lots 7 and 8, Block 113, Ocean Beach, Addition No.4,
Plat Book 3, Page 151, in the public records of Dade County,
Florida. This property is commonly known as 101 and 115 Ocean
Drive, Miami Beach, Florida.
This property has been purchased by Ben Franklin Florida
Enterprises, Inc., for the purposes of constructing a hotel with
restaurant and other facilities on the property.
The Board of Adjustment of the City of Miami Beach has approved Ben
Franklin's request for certain variances under File No. 2025 with
the understanding and conditioned upon that this Agreement be
entered into with the Miami Beach Redevelopment Agency.
CONDITIONS
In the event the Miami Beach Redevelopment Agency commences any
condemnation action during the next five (5) years with respect to
the property prior to the time that Ben Franklin Florida
Enterprises, Inc., commences construction of the hotel or other
improvements on the property, the parties agree that the
condemnation award shall be determined and computed as provided by
applicable law except that the determination of value shall be made
as if variances granted by the city of Miami Beach Board of
Adjustment had never been granted.
In the event Ben Franklin Florida Enterprises, Inc., commences
construction of the hotel or al ternati ve improvements on the
pz::operty, this Agreement shall become null and void with the
commencement of such construction.
ADMINISTRATION RECOMMENDATION
The Miami Beach Redevelopment Agency Executive Director recommends
that the Chairman execute an agreement with Ben Franklin Florida
Enterprises, Inc., to permit a hotel to be constructed at 101-115
Ocean Drive, Miami Beach, Florida, and establishing a base purchase
price for said property should the Redevelopment Agency exercise
this power of eminent 0 ain.
OlJ
.
AGllEEMENT
'.,1
THIS AGREEMENT is made and entered into as of the
5.yk day
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F'
of June, 1991, by and between BEN FRANKLIN FLORIDA ENTERPRISES, ,.)
;;,.J
INC., a Florida corporation ("Ben Franklin") and the MIAMI BEACH I;~
I'll
"
REDEVELOPMENT AGENCY, a public agency organized and existing
pursuant to 'the community Redevelopment Act of 1969, found in
Chapter 1.63, Florida Statutes, as Amended ("MBRA").
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A. Ben Franklin is the fee simple title owner of that
certain parcel of real property legally described as Lots 7 and 8,
in Block 11.3, OCEAN BEACH ADDITION NO.4, according to the Plat
thereof, as recorded in Plat Book 3, at Page 151, of the Public
Records of Dade County, Florida, and more commonly referred to by
the street address of 101 and 115 Ocean Drive, Miami Beach, Florida
(the "Property").
B. Ben Franklin currently intends to construct a hotel, with
restaurant and other facilities on the Property ("Hotel").
C. In that regard, the Board of Adjustment of the City of
Miami Beach ("Board of Adjustment") has effective as of the date
hereof, approved Ben Franklin's request for certain variances (the
"Variances"), under File No. 2025, with the understanding and upon
the condition that this Agreement be entered into.
D. Ben Franklin 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 Ben
Franklin 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 ti~e Ben Franklin has secured
construction financing and has commenced construction as defined
by section 304.3(f) of the South Florida Building Code of the Hotel
(or other improvements as indicated in the site plan approved under
File No. 2025) on the Prc:perty, then, and in such event, the
Prepared by:
Lucia A. Dougherty, Esq.
1221 Brickell Ave.
Miami, FL 33131
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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
Ben Franklin commences construction of the Hotel, or alternative
improvement, on the Property, then this Agreement shall auto-
matically become null and void and of no further force or effect
so long as Ben Franklin continues 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 foundation has been
completed and a building permit has been secured for the Hotel or
alternative improvement structure.
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. ~hcnl:.! ther'9 be ~itige.'t:i..,:n t.o e::fcr:::~ or ir.tcrp=et 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 Ben Franklin.
6. In the event Ben Franklin, their respective 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 ..t our hand. and ..a1.
as of the
day of June, 1991 at Miami Beach, Dade county, State
of Florida.
~-,-:-~d/
Secretary
BEN FRANKLIN FLORIDA ENTERPR!SES( ','\\
INC., a Florida corporati:QntI/l"~ '~-
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MIAMI BEACH REDEVELOPMENT AGENCY,
an agency organized and existing
pursuant to the Redevelopment Act
of 1969, as found in Chapter 163,
Florida statutes as amended.
Attest:
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By.
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lerk
APPROVED AS TO FORM:
dI C.~rJJ~bt.
General oun el
STATE OF FLORIDA
COUNTY OF DADE
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My Commission Expires:
NOTARY PUBLIC. STATE OF FLORIDA.
MY COMMISSION EXf'IIlES: OCT. 22. 1993.
BONOf;O THRU NOtARY Fuel-Ie UNOERWRITER"
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this /f day of
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COUNTY OF DADE )
Thi, instrument was, acknowledged bef9re m~this J / day of
t.J'VL.~ , 19q I, by :..JK:t/~ ."j1/i/<1,C/<:-. as
fl5G- Cha rman of the }.[iamT Beach Redevelopment Agency, an agency
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