52-88 RDA
RESOLUTION NO. 52-88
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING
ACCEPTANCE OF A SETl'LEMENT OFFER WITH ALEXANDER
KRUGER IN THE AMOUNT OF $40,000.00 FOR THE
ACQUISITION OF E 46 FT. 8 IN. OF W 93 FT. 4 IN. OF
LOT 10, BLOCK 78, OCEAN BEACH ADDITION NO.3, PLAT
BOOK 2, PAGE 81, PUBLIC RECORDS OF DADE COUNTY,
FLORIDA, AT a:3.4 2ND STREET FOR THE NEW RESIDENTIAL
DEVELOPMENT AT THE OLD POLICE STATION SITE IN THE
SOUTH POINTE REDEVELOPMENT AREA.
BE IT RESOLVED BY THE REDEVELOPMENT AGENCY OF THE CITY
OF MIAMI BEACH FLORIDA;
WHEREAS, Blocks 78 and 80 of Ocean Beach Addition No. 3
in the South pointe Redevelopment Area have been identified as a
suitable redevelopment site for the construction of attractively-
designed residential units; and
WHEREAS, the Redevelopment Agency has prepared a
request for proposals from developers for redevelopment of the
entire two-block site; and
WHEREAS, the assembly
included within the two-block site
reasonable period of time and
negotiations with owners of said
obtaining purchase options; and
of the privately-owned parcels
need to be concluded within a
at a reasonable price through
parcels for the purpose of
WHEREAS, the Redevelopment
Beach adopted Resolution No. 48-87
authorizing the Executive Director
privately-owned parcels within Block 78
Addition No.3; and
Agency of the City of Miami
on December 23, 1987,
to negotiate options on
and 80 of Ocean Beach
WHEREAS, representatives of the Executive Director have
negotiated an option and an offer for sale for $40,000.00 for the
described property; and
WHEREAS, the funding for the acquisition is to be taken
from the Redevelopment Agency Operating Account.
NOW, THEREFORE BE IT RESOLVED BY THE REDEVELOPMENT
AGENCY OF THE CITY OF MIAMI BEACH, FLORIDA, THAT:
1. The recommendation of the Executive Director and
staff as to the purchase price of $40,000.00 for Lot 10, Block
78, Ocean Beach Addition No.3, Plat Book 2, Page 81, Public
Records of Dade County, Florida for the new residential
development at the Old Police Station Site in the South pointe
Redevelopment Area is hereby accepted and approved.
2. Funds in
acquisition are to be
Operating Account.
the amount
taken from
of $40,000.00 for this
the Redevelopment Agency
PASSED and ADOPTED this
1988.
ATTEST:
ill
/fUh -I ~ 0 vG./
AGENCY SECRETARY
Form approved by Legal Dept.
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Q. _;)'If~yr
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 forty
thousand ($40,000.00) Dollars, the following described property commonly known as: 834
2nd Street, Miami Beach, Florida.
Legally described as:
E46FT 8IN of W93FT 4IN of Lot 10, Block 78, Ocean Beach Addition No.3,
according to the Plat thereof, recorded in Plat Book 2, at Page 81, of the
Public Records of Dade County, Florida.
The sum of forty thousand ($40,000.00) DOLLARS is compensation in full for the
described property, free of all encumbrances, including liens, mortgages, judgments,
contracts 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 eminent domain proceedings are
about to be instituted as to this property; consequently, this agreement is made to forestall
protracted litigation.
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 leave 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
off er.
3. Seller's delivery of good and marketable Title.
This offer for sale is irrevocable for a period of thirty (30) days from this date.
DATED this /tJ'1~ day of fij3, 1988.
,-
er Kruger
OPTION AGREEMENT
THIS AGREEMENT is made this !&1day Of~"'0
1988, by and between the Seller (optionor) and the Purchaser
(Miami Beach Redevelopment Agency) as follows:
Seller (optionor):
Alexander Kruger
~T'HB!!r
834 2nd AVeR\:le
Miami Beach, Florida 33139
Purchaser: Miami Beach Redevelopment Agency, address:
City of Miami Beach
City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
1. Grant of Option: Seller hereby grants the Miami Beach
Redevelopmen t Agency, (hereinafter "Redevelopment Agency") the
exclusive option to purchase the real property located in Dade
County, Florida described in Exhibit A, together with all
improvements, easements and appurtenances, (the "Property") in
accordance with the provisions of this agreement.
This Option
Agreement shall be legally binding upon execution by the parties,
but exercise of the option is subject to approval by the
Redevelopment Agency approval of the items to be delivered by the
Seller in accordance with paragraph 4.
2.
Option Terms:
The option payment is $600.00.
The
opt ion pay men t wi 1-1 be for war d e d tot he Sell e r by the
Redevelopment Agency within thirty (30) days of execution by both
parties. The option may be exercised during the period beginning
with the Redevelopment Agency's approval of this agreement and
ending one year thereafter, (unless extended in accordance wi th
paragraph 4) by delivery or mailing of a written notice of
exercise in accordance with paragraph 8B.
The total purchase price for the
3.
Purchase Pr ice:
Property is Forty Thousand Dollars, ($40,000.00), which , after
reduction by the amount of the option payment, will be paid by
check at closing. This agreement is contingent upon approval of
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purchase price by the Redevelopment Agency.
4. Redevelopment Agency Review of Deed, Other Information:
Within 60 days after Redevelopment Agency exercise of its
option rights under this agreement the Seller will submit the
following items to the Redevelopment Agency for review and final
approval:
a. Copy of proposed general warranty deed,
b. No-lien and possession affidavit certified to both the
Redevelopment Agency and to the title insurer, in
accordance with Section 627.7842, Florida Statutes.
At the execution of this agreement, the Seller will submit to the
Redevelopment Agency beneficial interest and disclosure
statements as may be required by Section 286.23, Florida
Statutes.
The Redevelopment Agency will approve or reject each item within
30 days.
Seller will have 30 days thereafter to cure and
resubmit any rejected item.
In the event the Seller fails to
timely deliver any item, or the Redevelopment Agency rejects any
item after delivery, the Redevelopment Agency may in its
discretion extend either the option exercise deadline or closing
date a commensurate length of time. The Redevelopment Agency may
in its discretion reject an item more than once.
5. Inspect ion; Condi t ion of Property: Seller agrees that
upon reasonable notice representatives or agents of the
Redevelopment Agency may entert-he Property for all lawful
purposes in connection with this agreement.
Seller agrees that
the Property will remain in the same condition as on the date of
this agreement until closing, and that no use will be made of any
part of the Property which will cause loss or damage or which
will adversely affect the intended use of the Redevelopment
Agency or their lessee. All loss or damage to the Property will
be at the risk of Seller until closing. Should any such loss or
damage occur, the Redevelopment Agency may cancel this agreement
and receive a refund of all money paid under it; or, in the
al te r na t i ve, t he Redevelopment Agency may elect to proceed to
closing on the Property, as damaged, or on a part of the
property, in either case with a downward adjustment of the
purchase price in accordance with appraisals or appraisal reviews
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obtained by the Redevelopment Agency. The Seller represents and
warrants that there are no parties other than Seller in occupancy
or possession of any part of the Property.
6. Closing: The Seller will deliver possession of the
Property to the Redevelopment Agency at closing. The following
are additional details of closing:
A. Time and Place: The closing will be on or before
30 days after the date the option is exercised, unless extended
in accordance with paragraph 4, at a time and location of mutual
agreement between the Seller and the Redevelopment Agency.
B. Conveyance: At closing Seller will deliver to the
Redevelopment Agency a fully executed general warranty deed
conveying good and marketable fee simple title, free and clear of
all liens, leases, tenancies, encumbrances and exceptions of
record, and of those of which Seller has actual notice which are
not recorded. The conveyance will include without limitation,
all timber rights, water rights, mineral and oil/gas rights; all
Seller's interest in streams, canals, ditches, and other water
bodies; and all Seller's interest in alleys, roads, streets and
easements included within the Property, or providing access to
the Property. In the event the property is conveyed with a legal
description different than that contained in Exhibit A, the
Seller, at the request of the Redevelopment Agency and in
addition to the warranty deed described in this paragraph, shall
execute and deliver to the Redevelopment Agency a quit-claim deed
containing the Exhibit A description, or an appropriate
description appearing in Seller's chain of title as designated by
the Redevelopment Agency.
c. Expenses: Seller will be responsible for
preparation of all closing documents, including without
limitation deed and closing statements, and will submit copies of
such documents to the Redevelopment Agency for review at least 10
days prior to closing. Seller will pay the documentary stamp tax
and surtax and all other taxes or costs associated with the
conveyance, including the cost of recording the deed.
D. Disbursement: The Redevelopment Agency may elect
to have the closing processed through the office of the company
issuing title insurance, if that service is available. If that
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election is made the title company or agent will accomplish
disbursement so as to bring the transaction under Section
627.7841, Florida Statutes, to assure coverage of the period from
the commitment to deed recording, and the Redevelopment Agency
will deliver to the closing agent a check for the proceeds
payable to the Seller to be disbursed at closing.
E.
Taxes:
All real estate taxes and assessments
which are or may become a lien against the Property will be
satisfied by the Seller at or before closing. As part of the
closing, the Seller will establish an escrow fund with the County
Tax Collector in accordance with Section 196.295, Florida
Statutes.
8. Miscellaneous:
A.
Acceptance:
This agreement is initially
transmitted to the Seller as an offer. If this agreement is not
executed by the Seller on or before ;;2..... / tJ -- f'g-
the offer
wi 11 be void.
The date of this agreement will be the date the
last party to sign does so.
Notices or submittals given or made
B.
Notices:
under this agreement must be in writing and either delivered
personally or mailed, prepaid and certified or overnight express,
return receipt requested, to the appropriate address indicated on
the first page of this agreement, or such other address as is
designated in writing by a party to this agreement.
The date
such notice of submittals deemed accomplished will be the date of
personal delivery, or the date of mailing, as the case may be.
C. Default: If, for any reason other than failure of
the Seller to render title marketable after diligent effort, the
Seller defaults under any provision of this agreement, the
Redevelopment Agency may: (1) waive the default and proceed to
closing, (2) seek specific performance or (3) refuse to close and
elect to receive the return of any money paid, each without
waiving any action for damages resulting from the Seller's
default. If the Seller is unable to render title marketable, the
Seller will immediately return all money paid by the
Redevelopment Agency. In connection with any dispute arising our
of this agreement, including without limitation litigation and
appeals, the prevailing party will be entitled to recover
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reasonable attorney's fees and costs.
D.
Upon Seller's execution of this
Successors:
agreement the Seller's heirs, assigns and successors will be
bound by it.
Upon approval of this agreement by the
Redevelopment Agency and exercise of the option, the successors
and assigns of the Miami Beach Redevelopment Agency will be
similarly bound.
E.
Recording:
This agreement, or notice of it, may
be recorded by the Redevelopment Agency in the appropriate county
or counties.
F.
Time of Essence:
Time is of the essence in the
performance of this agreement.
G.
Amendments:
This agreement contains the entire
agreement and all representations of the parties.
No amendment
will be effective except in writing signed by all parties.
H.
Brokers:
Seller warrants that no person, firms,
corporation or other entities are entitled to a real estate
commission or other fees as a result of this Option Agreement or
subsequent closing.
Seller shall indemnify and hold the
Redevelopment Agency harmless from any and all such claims,
whether disclosed or undisclosed.
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1. Survival: The covenants of this agreement will
survive delivery and recording of the deed and possession.
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SELLER: Al xand~r
BY: ,)...
DATE EXECUTED:
BY: \
AGENCY
WITNESS AS TO MIAMI BEACH
REDEVELOPMENT AGENCY
MIAMI BEACH
,~
ATTEST:
BY:
Ai tV-nj
SECRETARY
71/1 'reJ/~
~/7/.fY
DATE EXECUTED:
FORM APPROVED
LEGAL DEPARTMENT
BY:
DATE:
PNB/mml
2/8/88
1'1
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STATE OF
F~ {cr-\ c~<:::<
bc,,-.::I c
COUNTY OF
The foregoing. instrument was
this
"--
I( Jh day of 'l-ehYhCL\~ ' 19..11.:.., by
(NOTARY PUBLIC SEAL)
/: ,/
c.~l)L~, /*-~~LJC
Notary Publ! '
~OTf,f(Y PUBLIC. STATE OF FLORIDA
r'IY COMildSSiON EXPIRES; MAY 25.1991.
DONDED THi","U UOTARY PUBLIC UNDERWRITERS.
My ConunissionExpires
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
day of
, 19_, by
and
, as Chairman and Secretary respectively of the Miami
Beach Redevelopment Agency.
(NOTARY PUBLIC SEAL)
Notary Public, State of Florida at
Large
My Conunission Expires
1c
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EXHIBIT A
Legal Description of
The Property
The East 46 feet 8 inches of the West 93 feet 4
inches, Lot 10, Block 78 OCEAN BEACH ADDITION NO.
3, according to the Plat thereof as recorded in
Plat Book 2, Page 81 of the Public Records of Dade
County, Florida.
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BENEFICIAL INTEREST AND
DISCLOSURE AFFIDAVIT
STATE OF \=" tbndc-<-
COUNTY OF kdf'~
undersigned authority, pe~nallY appeared
, this ~ day of ~~
19~ duly sworn, deposes and says:
1) Tha t.Ale-3t L:U>de..;-c 'K"u4e-I("" whose
..>
address is &E?5. k~<<<- Ut'I 0..&:lli_L&a..b{e.~_ is the
record owner of the real property described in Exhibit A being
considered for acquisition by the Miami Beach Redevelopment
Agency. The following is a list of all "persons" (as defined in
Section 1.01(3), Florida Statutes) having a beneficial interest
in the real proper ty. (i f more space is needed, at tach separate
sheet)
Name
Address
Interest
2) That to the best of the affiant's knowledge all persons
who have received or who are to receive real estate commissions,
attorney or consultant fees or any other costs or benefits
incident to the sale of the real property and the reasons for the
payments are:
Name
Address
Reason for Payment
Amount
FURTHER AFFIANT SAYETH NAUGHT
~~J~
Affiant
Sworn to and
F'~,g
198~
Subscribed before me on this day of
~~)
Notary ubI! .~
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NOT~,RY rUElle, STATE or FLORIDA
i'iil' COi~11\tt,'~S;Ohj EXPd,LS: MAY 25. 1991.
BONDED 1HiHl NQTAF<'1 PUOLIC UNDr:.R.Wf!..ITE.'~~~
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