32-85 RDA
RESOLu'rION NO.
32-85
A RESOLUTION OF THE MIAMI BEACH REDEVELOPMENT
AGENCY AUTHORI ZING THE CHAIRMAN TO EXECUTE AN
AGREEMENT WITH DR. RAFAEL A. SOTO AND MARIA T.
SOTO TO PERMIT A MEDICAL OFFICE TO BE LOCATED
AT 161 WASHINGTON AVENUE, MIAMI BEACH,
FLORIDA, AND ESTABLISHING A BASE PURCHASE
PRICE FOR SAID PROPERTY SHOULD THE
REDEVELOPMENT AGENCY EXERCISE ITS POWER OF
EMINENT DOMAIN DURING A SEVEN YEAR PERIOD.
WHEREAS, DR. RAFAEL A. SOTO and MARIA T. SOTO have
entered into a contract for the purchase of property described as
Lot 16, Block 9, OCEAN BEACH, FLORIDA SUBDIVISION, according to
the plat thereof as recorded in Plat Book 2 at Page 38 of the
Public Records of Dade County, Florida, commonly known as 161
Washington Avenue, for the purposes of operating medical off ices
thereat; and
WHEREAS, the zoning for this property presently would
not permit a medical office to be situated therein; and
WHEREAS, the present zoning anticipates a residential
type of development for that property located in the Redevelopment
Area; and
WHEREAS, in the immediate future there is no residential
use able to be made of the property; and
WHEREAS, there is a desire in the community to encourage
rehabilitation of properties in the Redevelopment Area; and
WHEREAS, Dr. Soto has appealed the decision of the
Building Official to not permi t a medical office to the Board of
Adjustment; and
WHEREAS, the Board of Adjustment of the Ci ty of Miami
Beach has on Friday, March 1, 1985 approved Dr. Soto's appeal from
Administrative Decision upon condition that this agreement be
entered into,
NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI BEACH
REDEVELOPMENT AGENCY that the Chairman is authorized to execute an
agreement wi th Dr. Rafael E. Soto and Mar ia T. Soto permi tting a
medical office to be located at 161 Washington Avenue, Miami
OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
Beach, Flor ida and establishing a base purchase pr ice for said
property should the Redevelopment Agency exercise its power of
eminent domain over a seven year period.
day of April, 1985.
PASSED and ADOPTED this 3rd
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Chalrm n
Attest:
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Secretary
Approved as to form:
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GeneYr counselr~tt>
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OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE - MIAMI BEACH. FLORIDA 33139
CITY OF MIAMI BEACH
RECEIV'ED
ClfV el~~i f}~~f.
~UG 8 188S
By
Time
Aug. 5, ..1985
DATE:
TO:
Elaine M. Baker
City Clerk
~b'
M. Louise Barrett ~ ~\
FROM: Chief Deputy City AttorneY
Soto - 161 Washington Avenue
SUBJEC1SoA File No. 1659
I am enclosing copies of the recorded Resolution, Agreement and
Extension pertaining to the above property for your records.
MLB/jhd
enclosure
cc: Mr. Dan Skubish - with enclosures
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\ \'-.:> ,c \ LAW OFFICES OF
\ l \1.. F G S
/' '\~r REDERICK. AKE
l....._. I I 999 WASHINGTON AVENUE
L X,
MIAMI BEACH, FLORIDA 33139
! \ I
OF COUNSEL
ABRAHAM A. GALBUT
July 31, 1985
TELEP><ONE (305) 673-3700
EVENINGS (305) 672-3100
CABLE "LAWMIAMI"
FREDERICK C. SAKE
Ms. Louise Barrett, Esq.
Chief Assistant City Attorney
City of Miami Beach
1700 Convention Centre Drive
Miami Beach, Fl. 33139
In re:
161 Washington Avenue.
Dear Ms. Barrett:
please find enclosed copies of recorded Resolution,
Agreement and Extension between the City and ~. and Mrs.
Soto.
I would like to take this opportunity to extend
my sincerest appreciation for your cooperation throughout
this matter.
Very Truly Yours,
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1985 JUL 25 AM S: if 7
\.-
85R224323
..-
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~~t .12584;; 635
BEFORE THE ZONING BOARD OF ADJUSTMENT
OF THE CITY OF MIAMI BEACH, FLORIDA
IN RE: The application of
RAFAEL A. SOTO AND MARIA T. SOTO
CASE NO. 1659
o R D E R
On the 27th day of May, 1985, attorney for applicants... ._,,"
submitted a written' request for extension of time in which to
obtain a building permit, which permit was previously required to
be obtained within sixty (60) days from execution of Agreement on
April 15, 1985, between the applicants and Miami Beach
Redevelopment Agency, or on or about June 15, 1985, on the
following described property, to-wit:
Lot 16, Block 9, OCEAN
SUBDIVISION, according to the
recorded in Plat Book 2 at
Public Records of Dade County,
BEACH FLORIDA
PIa t thereof as
Page 38 of the
Florida
At the Board of Adjustment hear ing held on the 7th day of
June, 1985, the Board granted the request that the time perio~ for
obtaining an building permit be extended an additional sixty'(60)
days, or until August 15, 1985.
DATED this rU day of JUly, 1985.
BOARD OF ADJUSTMENT OF THE
CITY OF~~IAMI BE~CH
',- ): j~ {/ // /J
A, 7;~ ><. '. ~/- (;e,
CHAIRMAN
By
STATE OF FLORIDA
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COUNTY OF DADE
,f'JJI..,
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BEFORE ME personally 'appeared BARTON S.""GOLDBERG, to me well
known and known to me to be the person described in and who
executed the foregoing instrument and acknowledged to and before
me that he executed said instrument for the purpose therein
expressed.
.//
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\UTNESS my hand and official seal this
1985.
My Commission expires:
Not.ry Public, Stato 01 f10rida .-
My Commission Expires M.y 18, 1987
loa.., Th", f,oy 'oJo. "..ron... I...
Prepared by:
Arnold M. Weiner, City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
a~'
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II". LI .lI
/r; 1""" r:"RESOLUTION NO.
ITT0r" , , . \
A RESOLUTION OF THE MIAMI BEACH REDEVELOPMENT
AGENCY AUTHORIZING THE CHAIRMAN TO EXECUTE AN
AGREEMENT WITH DR. RAFAEL A. SOTO AND MARIA T.
SOTO TO PERMIT A MEDICAL OFFICE TO BE LOCATED
AT 161 WASHINGTON AVENUE, MIAMI BEACH,
FLORIDA, AND ESTABLISHING A BASE PURCHASE
PRICE FOR SAID PROPERTY SHOULD THE
REDEVELOPMENT AGENCY EXERCISE ITS POWER OF
EMINENT DOMAIN DURING A SEVEN YEAR PERIOD.
r:: '( \,: " :.\ ." ...."
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32-85
...,..... :,,'h~'l""'~'~{1i
' <( "'1. :~~~~r.~~l
WHEREAS, DR. RAFAEL A. SOTO and MARIA T. SOTO have
entered into a contract for the purchase of ?roperty described as
Lot 16, Block 9, OCEAN BEACH, FLORIDA SUBDIVISION, according to
the plat thereof as recorded in Plat Book 2 at Page 38 of the
Public Records of Dade County, Flor ida, commonly known as 161
Washington Avenue, for the purposes of operating medical off"ices
thereat; and
,..
WHEREAS, the zoning for this property presently would
not permit a medical office to be situated therein; and
WHEREAS, the present zoning ..anticipates a resid~u,~Ja.:l-..\:.~
..;~
type of development for that property located in the Redevelopment
Area; and
WHEREAS, in the immediate future there is no residential
use able to be made of the property; and
WHEREAS, there is a desire in the community to encourage
rehabilitation of properties in the Redevelopment Area; and
WHEREAS, Dr. Soto has appealed the decision of the
Building Off icial to not permi t a medical off ice to the Board of
Adjustment; and
.,,--
WHEREAS, the Board of Adjustment of the Ci ty of Miami
Beach has on Friday~ March 1, 1985 approved Dr. Soto's appeal from
Administrative Decision upon condition that this agreement be
entered into,
NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI BEACH
REDEVELOPMENT AGENCY that the Chairman is authorized to execute an
agreement with Dr. Rafael E. Soto and Maria T. Soto permitting a
medical office to be located at 161 Washington Avenue, Miami
---.-- ---..- -.-. '---1'--- .--- --....-..-.-.. --"--- --...- ..... .
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~t~ 12584 PC 63l
Beach, Flor Ida and establishing a base purchase pr ice for said
property should the Redevelopment Agency exercise its power of
eminent domain over a seven year period.
PASSED and ADOPTED this 3rd
day of April, 1985.
Attest:
, _..~,..
~ . .':.":',"", .:'. " ,J
.c
~~
Chalrm '
'~'4 ~ ,04/
Sec etary
Approv~d as to form:
,
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OFFICE OF THE CITY ATTORNEY .1700 CONVENTION CENTER DRIVE. MIAMI BEACH, FLORIDA 33139
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~tt I 2584;; 638
AGREEMENT
WHEREAS, DR. RAFAEL A. SOTO and MARIA T. SOTO have entered
into a contract for the purchase of property described as Lot 16,
Block 9, OCEAN BEACH, FLORIDA SUBDIVISION, according to the plat
thereof as recorded in Plat Book 2 at Page 38 of ::h~\~~~~~
Records of Dade County, Florida, commonly known as 161 washington-" .-
Avenue, for the purposes of operating medical offices thereat; and
WHEREAS, the zoning for this property presently would not
permit a medical office to be situated therein; and
WHEREAS, the present zoning anticipates a residential type of
development for that property located in the Redevelopment Area;
and
,
WHEREAS, in the immediate future there is no residentia.J. use
able to be made of the property; and
WHEREAS, there is. a desire in the community to encourage
rehabilitation of properties in the Redevelopment Area; and
WHEREAS, Dr. So to has appealed the. decision of the Building:',~~~:~~
Official to not permit a medical office' to the Board of
Adjustment; and
WHEREAS, the Board of Adjustment of the City of Miami Beach
has on Friday, March 1, 1985 approved Dr. Soto's appeal from
Administrative Decision upon condition that this agreement be
entered into,
IT IS AGREED by and between RAFAEL 11. SOTO and MARIA T. SOTO,
his wife, hereinafter referred to as the parties of the first
part, and the MIAMI BEACH REDEVELOPMENT AGENCY, hereinafter
.....
referred to as the party of the second part, that:
. -- l.---'Should the Miami Beach Redevelopment Agency wish to
acquire the subject property by condemnation during the period of
time from this date through and until seven years from this date,
then and in that event the Miami Beach Redevelopment Agency shall
pay to the party of the first part an amount equal to $176,000.00
plus appre,ciation of that amount calculated at six (6%) per cent
per annum from this date minus that amount claimed and--p-e-rmi:t-te-d
I'S HIS by---t-he---f-A.t::e-r-n-al--:R~l.I.e--~\Z.i..cQ. as deprec ia t ion of tha t proper ty
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~~~ .12584;; 639
by the parties of the first'part.,
. "'w-"
, Both appreciation and depreciation are to be calculated and
accrued from this date to the date of taking by the Miami Beach
Redevelopment Agency.
2. The calculation of the above sums are based upon and
derived from the addition of
the base
purchase price of"
improvements ~:~t~'~th'~_
$130,000.00
and the por t lop of
j" \ ,
~~e cost of
inter ior and exter ior of the subject proper ty solely related to
the permanent structure, i.e., $46,000.00 and not those costs
related to the construction and operation of the premises as
medical offices.
3. The party of the first part agrees that except as is set
forth above they hereby waive and release any other right to
/j,J incruding attorney fees and costs
,I"frs/, did' b ht b th ' ,
remuneratlon ln any con emnat on procee lng roug y e tJllaml
,.
Beach Redevelopment Agency dur ing the seven years, including but
not limited to any right to receive the then fair market value for
nlJ "-Irs
the subject property. Should there be litigation to enforce or interpret this
Agreement, the prevailing party shall have a right to reasonable attorney fees.
4. The parties hereto further .agree that this agreement..,
. Of_::~~~~~~
shall be a covenant running 'wi th the land and shall be recorded
against the subject property.
5. The parties further agree that within sixty (60) days of
the date of the execution of this agreement, the parties of the
first part shall cause a building permit to be issued by the party
of the second party for the improvements.
6. It is further agreed that wi thin one hundred and twenty
(120) days after the issuance of the building permit, the
construction of the improvements shall be complete.
7.
It
is further agreed that all construction and
improvements
shall be in full
compliance with
all
applicable
J
State, County and City of Miami Beach Code requirements.
8. The landscape plan and design plans for the building
should be approved by the Design Review Board, as required by City,
Code.
9. ,Restoration of the property shall include repair or
replacement
of
the
air-conditioning
and heating equipment,
-2-
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~tt ,I 2584;~ 640
. I
plumbing, mechanical equipment, windows and canvas awnings.
10. It is further agreed that prior to submission of this
agreement to the Miami Beach Redevelopment Agency, this agreement
shall be reviewed and approved by Barton S. Goldberg, Chairman of
;
the Board of Adjustment.
16-
IN WITNE~, we hereunto set our hands and seals t,~,i"S ,~-:;;;
day of 1985 at Miami Beach, Dade County, state of. ., "
Florida.
Witnesses:
~_.o
Ra f . to, M. D. .
-- ._-~--
~~~c..~~~.
Maria T. Soto
,.
,.
MIAMI BEACH REDEVELOPMENT
AGENCY
By ~- .. }l)<u!~ ~ -="
Chaitman
TO FORM:
..
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1985 JUl 25 AM ~ 47
'-
Drl'E' I Ur:n
85R224323
'--'"
U[f .12584; 635
BEFORE THE ZONING BOARD OF ADJUSTMENT
OF THE CITY OF MIAMI BEACH, FLORIDA
IN RE: The application of
RAFAEL A. SOTe AND MARIA T. SOTO
o R D E R
CASE NO. 1659
I
On the 27th day of May, 1985, attorney for apPlicants"..".,.~
submitted a written' request for extension of Ume in which to
obtain a bUilding permit, which permit was previously required to
be obtained within sixty (60) days from execution of Agreement On
April 15, 1985, between the applicsnts and Miami Beach
Redevelopment Agency, or on or about June 15, 1985, on the
following described property, to-wit:
At the Board of Adjustment hear ing held On the 7th day of
June, 1985, the Board granted the request that the time perio~ for
obtaining an bUilding permit be extended an additional sixtY<(60)
days, or until August 15, 1985.
o...L!
DATED this r day of JUly, 1985.
Lot 16, Block 9, OCEAN
SUBDIVISION, according to the
recorded in Plat Book 2 at
PUblic Records of Dade County,
BEACH FLORIDA
Plat thereof as
Page 38 of the
Florida
By
BOARD OF ADJUSTMENT
CITY OF/.~,UAMI BE",CH
"j'
. , '/
d/~ .x
CHAIRMAN
OF THE
STATE OF FLORIDA
)
) SS
)
COUNTY OF DADE
J.~~
-i ,,'
BEFORE ME personally 'appeared BARTON S. '--GOLDBERG, to me well
known and known to me to be the person descr ibed in and who
executed the foregoing instrument and acknowledged to and before
me that he executed said instrument for the purpOSe therein
expressed.
l'UTNESS my hand and official seal this
1985.
My Commission expires:
Not." Public, Slato 01 norid, ..-
My Commission Expires 1.1., la, '981
"'t1e4 r.,. rtor ''''' . .......... ....
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Prepared by:
Arnold M. Weiner, City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
a~"
RESOLUTION NO.
32-85
A RESOLUTION OF THE MIAMI BEACH REDEVELOPMENT
AGENCY AUTHORIZING THE CHAIRMAN TO EXECUTE AN
AGREEMENT WITH DR. RAFAEL A. SOTO AND MARIA T.
SOTO TO PERMIT A MEDICAL OFFICE TO BE LOCATED
AT 161 WASHINGTON AVENUE, MIAMI BEACH,
FLORIDA, AND ESTABLISHING A BASE PURCHASE
PRICE FOR SAID PROPERTY SHOULD THE
REDEVELOPMENT AGENCY EXERCISE ITS POWER OF
EMINENT DOMAIN DURING A SEVEN YEAR PERIOD.
WHEREAS, DR. RAFAEL A. SOTO and MARIA T. SOTO have
entered into a contract for the purchase of property described as
Lot 16, Block 9, OCEAN BEACH, FLORIDA SUBDIVISION, according to
the plat thereof as recorded in Plat Book 2 at Page 38 of the
Public Records of Dade County, Florida, commonly known as 161
Washington Avenue, for the purposes of operating medical off ices
thereati and
WHEREAS, the zoning for this property presently would
not permit a medical office to be situated thereini and
WHEREAS, the present zoning anticipates a residential
type of development for that property located in the Redevelopment
Areai and
WHEREAS, in the immediate future there is no residential
use able to be made of the propertYi and
WHEREAS, there is a desire in the community to encourage
rehabilitation of properties in the Redevelopment Areai and
WHEREAS, Dr. Soto has appealed the decision of the
Building Official to not permit a medical office to the Board of
Adjustmenti and
WHEREAS, the Board of Adjustment of the Ci ty of Miami
Beach has on Friday, March 1, 1985 approved Dr. Soto's appeal from
Administrative Decision upon condition that this agreement be
entered into,
NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI BEACH
REDEVELOPMENT AGENCY that the Chairman is authorized to execute an
agreement wi th Dr. Rafael E. Soto and Mar ia T. Soto permi tting a
medical office to be located at 161 Washington Avenue, Miami
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
Beach, Flor ida and establishing a base purchase pr ice for said
property should the Redevelopment Agency exercise its power of
eminent domain over a seven year period.
PASSED and ADOPTED this 3rd
day of April, 1985.
:;2-; ,/ ~-''/ -""r'f.~,----:->
-,'C..~-e.,-t<I -----
Chalrm n-------~-----------
Attest:
~ '~I
. . . :&l6~
Sec etary
Approved as to form:
&11~~
Geneitr Counseli
MLB/jhd
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
AGREEMENT
WHEREAS, DR. RAFAEL A. SOTO and MARIA T. SOTO have entered
into a contract for the purchase of property described as Lot 16,
Block 9, OCEAN BEACH, FLORIDA SUBDIVISION, according to the plat
thereof as recorded in Plat Book 2 at Page 38 of the Public
Records of Dade County, Florida, commonly known as 161 washington
Avenue, for the purposes of operating medical offices thereat; and
WHEREAS, the zoning for this property presently would not
permit a medical office to be situated therein; and
WHEREAS, the present zoning anticipates a residential type of
development for that property located in the Redevelopment Area;
and
WHEREAS, in the immediate future there is no residential use
able to be made of the property; and
WHEREAS, there is a desire in the community to encourage
rehabilitation of properties in the Redevelopment Area; and
WHEREAS, Dr. So to has appealed the dec is ion of the Bu i Id i ng
Official to not permit a medical office to the Board of
Adjustment; and
WHEREAS, the Board of Adjustment of the City of Miami Beach
has on Friday, March 1, 1985 approved Dr. Soto's appeal from
Administrative Decision upon condition that this agreement be
entered into,
IT IS AGREED by and between RAFAEL n. SOTO and MARIA T. SOTO,
his wife, hereinafter referred to as the parties of the first
part, and the MIAMI BEACH REDEVELOPMENT AGENCY, hereinafter
referred to as the party of the second part, that:
1. Should the Miami Beach Redevelopment Agency wish to
acquire the subject property by condemnation during the period of
time from this date through and until seven years from this date,
then and in that event the Miami Beach Redevelopment Agency shall
pay to the party of the first part an amount equal to $176,000.00
plus appreciation of that amount calculated at six (6%) per cent
per annum from this date minus that amount claimed antt-p1:!"rnrtt:tlft1
~~S 115- -by-_-t-he__I-R-te-r-n-al-~e.1l~Q--5Iiil.r..ui-ce- as depreciation of that property
by the parties of the first part.
Both appreciation and depreciation are to be calculated and
accrued from this date to the date of taking by the Miami Beach
Redevelopment Agency.
2. The calculation of the above sums are based upon and
derived from the addition of the base purchase price of
$130,000.00 and the portion of the cost of improvements to the
interior and exterior of the subject property solely related to
the permanent structure, i.e., $46,000.00 and not those costs
related to the construction and operation of the premises as
medical offices.
3. The party of the first part agrees that except as is set
forth above they hereby waive and release any other right to
A ff firs including atforney fees and costs
remuneration/ in any condemnation proceeding brought by the Miami
Beach Redevelopment Agency dur ing the seven years, including but
not limited to any right to receive the then fair market value for
A" /tIS
the subj ect proper ty. Should there be litigation to enforce or interpret this
Agreement, the prevailing party shall have a right to reasonable attorney fees.
4. The parties hereto further agree that this agreement
shall be a covenant running wi th the land and shall be recorded
against the subject property.
5. The parties further agree that wi thin sixty (60) days of
the date of the execution of this agreement, the parties of the
first part shall cause a building permit to be issued by the party
of the second party for the improvements.
6. It is further agreed that wi thin one hundred and twenty
(120) days after the issuance of the building permit, the
construction of the improvements shall be complete.
7. It is further agreed that all construction and
improvements shall be in full compliance with all applicable
State, County and City of Miami Beach Code requirements.
8. The landscape plan and design plans for the building
should be approved by the Design Review Board, as required by City
Code.
9. Restoration of the property shall include repair or
replacement of
the air-conditioning
and heating equipment,
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RESOLUTION NO.
32-85
A RESOLUTION OF THE MIAMI BEACH REDEVELOPMENT
AGENCY AUTHORIZING THE CHAIRMAN TO EXECUTE AN
AGREEMENT WITH DR. RAFAEL A. SOTO AND MARIA T.
SOTO TO PERMIT A MEDICAL OFFICE TO BE LOCATED
AT 161 WASHINGTON AVENUE, MIAMI BEACH,
FLORIDA, AND ESTABLISHING A BASE PURCHASE
PRICE FOR SAID PROPERTY SHOULD THE
REDEVELOPMENT AGENCY EXERCISE ITS POWER OF
EMINENT DOMAIN DURING A SEVEN YEAR PERIOD.
WHEREAS, DR. RAFAEL A. SOTO and MARIA T. SOTO have
entered into a contract for the purchase of property described as
Lot 16, Block 9, OCEAN BEACH, FLORIDA SUBDIVISION, according to
the plat thereof as recorded in Plat Book 2 at Page 38 of the
Public Records of Dade County, Florida, commonly known as 161
Washington Avenue, for the purposes of operating medical off ices
thereat: and
WHEREAS, the zoning for this property presently would
not permit a medical office to be situated therein: and
WHEREAS, the present zoning anticipates a residential
type of development for that property located in the Redevelopment
Area: and
WHEREAS, in the immediate future there is no residential
use able to be made of the property: and
WHEREAS, there is a desire in the community to encourage
rehabilitation of properties in the Redevelopment Area: and
WHEREAS, Dr. Soto has appealed the decision of the
Building Official to not permi t a medical office to the Board of
Adjustment: and
WHEREAS, the Board of Adjustment of the Ci ty of Miami
Beach has on Friday, March 1, 1985 approved Dr. Soto's appeal from
Administrative Decision upon condition that this agreement be
entered into,
NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI BEACH
REDEVELOPMENT AGENCY that the Chairman is authorized to execute an
agreement with Dr. Rafael E. Soto and Maria T. Soto permitting a
medical office to be located at 161 Washington Avenue, Miami
Beach, Florida and establishing a base purchase price for said
property should the Redevelopment Agency exercise its power of
eminent domain over a seven year period.
PASSED and ADOPTED this 3rd
day of April, 1985.
Attest:
~
Chalrm
~-'
,
~,~ 7?, 0L/
Sec etary
Approved as to form:
Ji!l coL:el
MLB/jhd
OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE. MIAMI BEACH, FLORIDA 33139
AGREEMENT
WHEREAS, DR. RAFAEL A. SOTO and MARIA T. SOTO have entered
into a contract for the purchase of property described as Lot 16,
Block 9, OCEAN BEACH, FLORIDA SUBDIVISION, according to the plat
thereof as recorded in Plat Book 2 at Page 38 of the Public
Records of Dade County, Florida, commonly known as 161 washington
Avenue, for the purposes of operating medical offices thereat; and
WHEREAS, the zoning for this property presently would not
permit a medical office to be situated therein; and
WHEREAS, the present zoning anticipates a residential type of
development for that property located in the Redevelopment Area;
and
WHEREAS, in the immediate future there is no residential use
able to be made of the property; and
WHEREAS, there is a desire in the community to encourage
rehabilitation of properties in the Redevelopment Area; and
WHEREAS, Dr. Soto has appealed the decision of the Building
Official to not permit a medical office to the Board of
Adjustment; and
WHEREAS, the Board of Adjustment of the Ci ty of Miami Beach
has on Friday, March 1, 1985 approved Dr. Soto's appeal from
Administrative Decision upon condition that this agreement be
entered into,
IT IS AGREED by and between RAFAEL ~. SOTO and MARIA T. SOTO,
hi s wi fe, hereinafter refer red to as the part ies of the fir st
part, and the MIAMI BEACH REDEVELOPMENT AGENCY, hereinafter
referred to as the party of the second part, that:
1. Should the Miami Beach Redevelopment Agency wish to
acquire the subject property by condemnation during the period of
time from this date through and until seven years from this date,
then and in that event the Miami Beach Redevelopment Agency shall
pay to the party of the first part an amount equal to $176,000.00
plus appreciation of that amount calculated at six (6%) per cent
per annum from this date minus that amount claimed antt-p~T11ftt"t1:rct
~RS !f r<;: ~--t-h-e--I-R-Ee-r-Ral--REP1~1.;U~--SQ.rJ..Z..icQ- as depreciation of that property
by the parties of the first part.
Both appreciation and depreciation are to be calculated and
accrued from this date to the date of taking by the Miami Beach
Redevelopment Agency.
2. The calculation of the above sums are based upon and
derived from the addition of the base purchase price of
$130,000.00 and the portion of the cost of improvements to the
inter ior and exter ior of the subject property solely related to
the permanent structure, i.e., $46,000.00 and not those costs
related to the construction and operation of the premises as
medical offices.
3. The party of the first part agrees that except as is set
forth above they hereby waive and release any other right to
"es Hr5 including attorney fees and costs
remuneration/ in any condemnation proceeding brought by the Miami
Beach Redevelopment Agency dur ing the seven years, including but
not limited to any right to receive the then fair market value for
(49$ Ift..'-'?
the subject property. Should there be litigation to enforce or interpret this
Agreement, the prevailing party shall have a right to reasonable attorney fees.
4. The parties hereto further agree that this agreement
shall be a covenant running wi th the land and shall be recorded
against the subject property.
5. The parties further agree that within sixty (60) days of
the date of the execution of this agreement, the parties of the
first part shall cause a building permit to be issued by the party
of the second party for the improvements.
6. It is further agreed that wi thin one hundred and twenty
(120) days after the issuance of the bui Iding permi t, the
construction of the improvements shall be complete.
7. It is further agreed that all construction and
improvements shall be in full compliance with all applicable
State, County and City of Miami Beach Code requirements.
8. The landscape plan and design plans for the building
should be approved by the Design Review Board, as required by City
Code.
9. Restoration of the property shall include repair or
replacement of
the
air-conditioning
and
heating
equipment,
-2-
plumbing, mechanical equipment, windows and canvas awnings.
10. It is further agreed that prior to submission of this
agreement to the Miami Beach Redevelopment Agency, this agreement
shall be reviewed and approved by Barton S. Goldberg, Chairman of
the Board of Adjustment.
IN WITNESS whereof we hereunto set our hands and seals this
I~ day of t~~, 1985 at Miami Beach, Dade County, State of
Florida.
Witnesses:
.,."'-.,,.---.....
~_.o.
Rafael oto, M.D.
,..
i
./")
r ,h
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.~~~~.
Maria T. Soto
_",.J
MIAMI BEACH REDEVELOPMENT
AGENCY
l ..-1
By c~!i~'A~~
(- .
, .1
(' It fA'"
-j~Ut :n
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- (,,~L . /v~I'
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. ;)v~
u:. 1\.--' _
'v
THI/ AGREEMENT,/REVIEWED AND APPROVED:
/ . /
~'.! ... (, .;/ . ././ / /
'il' 'I i../' ; 1,:.1, .~... /1 )/u
'B~~t;n Go.ldberg: ch~Jrm~h ./
zoning Board of Ad~stment
APPROVED AS TO FORM:
I.
f\ ' . '. .~
l\ 1\/1 ( ), .
11 I. '~\"Iv
General Coun
-3-
RESOLUTION NO.
32-85
A RESOLUTION OF THE MIAMI BEACH REDEVELOPMENT
AGENCY AUTHORIZING THE CHAIRMAN TO EXECUTE AN
AGREEMENT WITH DR. RAFAEL A. SOTO AND MARIA T.
SOTO TO PERMIT A MEDICAL OFFICE TO BE LOCATED
AT 161 WASHINGTON AVENUE, MIAMI BEACH,
FLORIDA, AND ESTABLISHING A BASE PURCHASE
PRICE FOR SAID PROPERTY SHOULD THE
REDEVELOPMENT AGENCY EXERCISE ITS POWER OF
EMINENT DOMAIN DURING A SEVEN YEAR PERIOD.
WHEREAS, DR. RAFAEL A. SOTO and MARIA T. SOTO have
entered into a contract for the purchase of property described as
Lot 16, Block 9, OCEAN BEACH, FLORIDA SUBDIVISION, according to
the plat thereof as recorded in Plat Book 2 at Page 38 of the
Public Records of Dade County, Florida, commonly known as 161
Washington Avenue, for the purposes of operating medical off ices
thereat; and
WHEREAS, the zoning for this property presently would
not permit a medical office to be situated therein; and
WHEREAS, the present zoning anticipates a residential
type of development for that property located in the Redevelopment
Area; and
WHEREAS, in the immediate future there is no residential
use able to be made of the property; and
WHEREAS, there is a desire in the community to encourage
reha~ilitation of properties in the Redevelopment Area; and
WHEREAS, Dr. Soto has appealed the decision of the
Building Official to not permit a medical office to the Board of
Adjustment; and
WHEREAS, the Board of Adjustment of the Ci ty of Miami
Beach has on Friday, March 1, 1985 approved Dr. Soto's appeal from
Administrative Decision upon condition that this agreement be
entered into,
NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI BEACH
REDEVELOPMENT AGENCY that the Chairman is authorized to execute an
agreement with Dr. Rafael E. Soto and Maria T. Soto permitting a
medical office to be located at 161 washington Avenue, Miami
Beach, F10r ida and establishing a base purchase pr ice for said
property should the Redevelopment Agency exercise its power of
eminent domain over a seven year period.
day of April, 1985.
PASSED and ADOPTED this 3rd
/~~
Chalrm
~~
?
Attest:
~~A
Sec etary
//'J
~/~-L/
Approved as to form:
J1,1~~v
Gene~ counse1~/
MLB/jhd
OFFICE OF THE CITY ATTORNEY .1700 CONVENTION CENTER DRIVE. MIAMI BEACH, FLORIDA 33139