HomeMy WebLinkAbout99-23396 RESO
RESOLUTION NO:
99-23396
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING
AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CONTRACT FOR SALE AND PURCHASE FOR
THE SALE OF THE CITY OWNED PROPERTY LOCATED AT
1749 JEFFERSON AVENUE, MIAMI BEACH, FLORIDA, TO
GARY DAVENPORT, FOR $155,750, PLUS CLOSING COSTS;
APPROPRIA TING APPROXIMA TEL Y THIRTY PERCENT
FROM THE PROCEEDS OF THE SALE TOWARD
IMPROVEMENTS TO THE PALM VIEW HISTORIC
DISTRICT; AND FURTHER WAIVING, BY 517THS VOTE,
THE COMPETITIVE BIDDING REQUIREMENT.
WHEREAS, at its meeting of May 21, 1997, the Mayor and City Commission held a public
hearing to consider the sale of the City-owned property located at 1749 Jefferson Avenue (Property)
to Gary Davenport, the adjacent property owner; and
WHEREAS, during said public hearing, issues were raised as to whether the sale of the
Property should be submitted for competitive bidding, as well as whether the City could utilize it for
a park or other municipal use; and
WHEREAS, it was determined that, based on the size of the Property and its proximity to
single family homes, it is not suitable for an active nor passive park, nor any water and/or sewer
system expansion or other public works related use; and
WHEREAS, because of the existing low-density residential community, converting the
Property into a municipal parking lot is not necessary, nor would it be in keeping with the character
of the neighborhood; and
WHEREAS, pursuant to the Mayor and City Commission's directive, the Administration
previously sought competitive bids for the sale of the Property, and no responses were received; and
WHEREAS, the Administration has concluded that, based on the inappropriateness of the
subject property for the aforestated municipal uses, and the lack of response to the request for
competitive bids, the sale of the property to Mr. Gary Davenport would be in the City's best interest;
and
WHEREAS, on November 8, 1999, members of the Administration met with members of
the Palm View Homeowners Association and pursuant to those discussions, it is herein
recommended that thirty percent from the proceeds of the sale be appropriated to the Palm View
Historic District; and
WHEREAS, accordingly, the Administration would recommend that, following the public
hearing on November 17, 1999 to hear public comment regarding the proposed sale, that the Mayor
and City Commission further waive, by 517ths vote, the competitive bidding requirement, pursuant
to Ordinance No. 92-2783, and approve the attached Contract for Sale and Purchase for the sale of
the property to Mr. Gary Davenport, in the amount of$155,750, plus closing costs.
NOW, THEREFORE, BE IT RESOL VED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk
be authorized to execute a Contract for Sale and Purchase for the sale of the City-owned property
located at 1749 Jefferson Avenue, Miami Beach, Florida, to Gary Davenport, for $155,750, plus
closing costs; appropriate approximately thirty percent from the proceeds of the sale towards
improvements to the Palm View Historic District, and further waiving, by 517ths vote, the
competitive bidding requirement.
PASSED AND ADOPTED THIS 17th day of
November
, 1999.
Attest:
----1l(lu.i Pcu (A.<---
CITY CLERK
#111
MAYOR
SR:CMC:JD:rlr
T:\AGENDA\1999\NOV I 799\REGULAR\ I 749RES.CMC November 9, 1999
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
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--- .---.--- --- ---- -.------- ------- --- -- -------------- --- - - - ------------------ . -------------------. ------------------------------ .. --
COMMISSION MEMORANDUM NO. 852 -9'1
TO:
Mayor Neisen Kasdin and
Members of the City Co
DATE: November 17, 1999
SUBJECT:
A RESOLU ON OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT FOR SALE
AND PURCHASE FOR THE SALE OF THE CITY OWNED PROPERTY
LOCATED AT 1749 JEFFERSON A VENUE, MIAMI BEACH, FLORIDA, TO
GARY DAVENPORT, FOR $155,750, PLUS CLOSING COSTS;
APPROPRIATING APPROXIMATELY THIRTY PERCENT FROM THE
PROCEEDS OF THE SALE TOWARD IMPROVEMENTS TO THE PALM
VIEW HISTORIC DISTRICT; AND FURTHER WAIVING, BY 517THS
VOTE, THE COMPETITIVE BIDDING REQUIREMENT.
FROM:
Sergio Rodriguez
City Manager
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
ANAL YSIS:
In 1997, the City was approached by Mr. Gary Davenport, whom requested to purchase the City-
owned property located at 1749 Jefferson Avenue. Mr. Davenport owns the adjacent property at
1775 Jefferson Avenue and sought to acquire the subject property in order to build a single family
residence with possible guest/servant quarters. The total area of all habitable improvements
proposed by Mr. Davenport were not to exceed 4,200 square feet.
On May 21, 1997, the Administration recommended that the property be sold to Mr. Davenport after
observing the provisions of Ordinance 92-2783 (Shapiro Ordinance). At that time, the City
Commission requested that the Administration consider the suitability of the subject property for
a municipal use, and to consider competitively bidding the sale of the property if it was concluded
that no public use was viable.
The issues were examined and reports were submitted by the Recreation, Culture and Parks, Public
Works, and Planning Departments. City records indicate that the lot is 9750 (65' x 150') square feet
in size (just under a 1/4 of an acre). As stated in the Parks Comprehensive Master Plan, a site of this
size would be classified as a "mini" park. In the Master Plan, a "Mini-Park" is defined as having
open areas with play apparatus, picnic tables/benches, landscaping and possibly a shelter pavilion.
These parks typically serve a local neighborhood. Examples include; La Gorce Park; Crespi Park;
AGENDA ITEM F\ 1 A
DATE~
1749 JEFFERSON AVENUE
-2-
November 17, 1999
and Washington Park. Based on the size of the lot and its adjacency to single family homes, it was
determined to not be suitable for an active or passive park. Furthermore, it was determined that the
site was not suitable for a municipal parking lot, public works project, or any other municipal use.
The Planning Department also provided an analysis on how the sale of the property would impact
the neighborhood. The Department concluded that the sale of the subject property for purposes of
building a single family residence would not be detrimental to the surrounding area. Furthermore,
it was determined that the construction of a new home could, in all likelihood, increase the
surrounding property values. The City would also benefit from the subject property's return to the
tax rolls.
On June 18, 1997, the Administration recommended that the sale of the property be competitively
bid subject to the existing deed restrictions, limiting the development to a single family home with
no more than 4,200 square feet in floor area, and requiring a minimum bid price of$155,750. The
City Commission adopted Resolution No. 97-22429, authorizing the Administration to initiate a
request for bids for the sale of the property subject to the aforementioned limitations.
A total of 555 notices were mailed advertising the bid. Notices were sent to all vendors (236) on
the City's respective vendor list, all real estate professionals as reflected on the City's Occupational
License records (126), all property owners in the immediate vicinity (193), the McGraw-Hill Dodge
Reports, and the Builders Exchange. Additionally, an advertisement was published in the Miami
Daily Business Review on July 30, 1997, and a four foot wide by two foot high ( 4' x 2') sign
advertising the sale was placed on the property.
A pre-bid conference was held on August 7, 1997, and the only attendees were two neighboring
property owners. A total of six individuals requested complete bid packages, including
Mr. Davenport. The deadline for acceptance of bids was 2:00 P.M., August 22, 1997. No bids were
received, and no further action was taken on the matter at that time.
Mr. Davenport recently contacted the City, via his legal counsel, advising of his continued interest
in purchasing the property, and informing that he is prepared to proceed with the purchase pursuant
to the terms and provisions previously recommended.
The Shapiro Ordinance, which establishes provisions for the sale and/or lease of City property,
requires the following:
1. Prior to the proposed sale of City property, the City Commission shall hold a public
hearing in order to obtain citizen input as to the transaction (Attachment 1);
2. In order for the City Commission and the public to be fully apprised of all conditions
relating to the proposed sale, the Planning Department shall prepare an analysis
using criteria set forth in the Ordinance (Attachment 2);
3. There shall be no sale unless there has been an advertised public bidding process, and
independent appraisal of the fair market value of the property. With regard to sales
of City property, these conditions may be waived by 517ths vote of the City
Commission.
1749 JEFFERSON AVENUE
-3-
November 17, 1999
As part of its updated analysis, the Planning Department has concluded that the sale of the subject
property to Mr. Davenport for the purpose of building a single family home would not be
detrimental to the surrounding area. Additionally, the attached Contract for Sale and Purchase shall
also include a Declaration of Restrictive Covenants wherein Mr. Davenport agrees to restrict the
manner in which the property is to be developed. As the proposed sale is being recommended with
the condition that the property be developed as a single family home, with possible guest/servant
quarters, and is not to exceed 4,200 square feet of habitable living area, Mr. Davenport will be
required to execute a recordable document which will memorialize said use, thereby precluding the
possibility of future development of the property for other uses or increased density which may be
permitted under any future zoning reclassification of the area.
The subject property was originally conveyed to the City by Deed, dated November 24, 1919,
including a covenant therein limiting construction of buildings on the property to "Such buildings
or additions as are, or may become, necessary for the further completion of the City water system,"
and a reverter provision in the event of violation. Furthermore, the Deed contains additional
covenants running with the land that limit the conveyance of the subject parcel to adjacent property
owners. The attached opinion from the City Attorney's Office (Attachment 3) states that the
property may be sold if, (1) the Buyer is willing to take the risk of violation of the restrictions and
possibility of reverter, and indemnify the City against claims which may result from the sale; (2) the
City does not in fact require the property in furtherance ofthe City's water system; (3) the provisions
of Ordinance No. 92-2783 are complied with; and (4) the written approval of the transaction has
been obtained from all adjacent property owners (Attachment 4). Accordingly, the attached
Contract for Sale and Purchase between the City and Mr. Davenport has memorialized these terms,
requiring Mr. Davenport to take title to the property subject to all valid deed restrictions, and further
requires him to indemnify and hold the City harmless in the event of a challenge to the proposed sale
and conveyance.
The Public Works Department previously concluded that a water pump station is better suited in the
south end of the City. Therefore, it does not require the subject property for the continued
improvement of the City's water system (Attachment 5). The City has procured an independent
appraisal report (Attachment 6), as required by Ordinance, of the subject site estimating its value
without regard to the Deed restrictions at $180,000, and the estimated value leaving the restrictions
in place at $90,000. In light of the 100% difference in estimated value without or with the Deed
restrictions, on October 20, 1999, the Administration presented a Resolution to the City
Commission requesting authorization to file an action in court to release the Deed restrictions. Said
Resolution was not adopted and the Administration was directed to meet with the neighborhood
property owners. The neighbors have requested that 30% of the sale proceeds be reinvested in
neighborhood improvements.
Based on the lack of response to the formerly conducted Request for Bids, and the previously
determined inappropriateness of the site for a park, public works purposes, or parking lot, the
Administration recommends that the property be sold to Mr. Davenport subject to his willingness
to take title to the property subject to all existing Deed restrictions, as well as indemnifying and
holding the City harmless in the event of a challenge, at a negotiated sale price of $155,750, plus
closing costs, and the appropriation of approximately 30% from the proceeds of the sale towards
improvements to the Palm View Historic District.
1749 JEFFERSON AVENUE
-4-
November 17, 1999
Additionally, as the subject property is currently zoned Government Use, it is further recommended
that the closing of the property be subject to and contingent upon the redesignation of the zoning
district classification ofthe subject property, as required pursuant to Section 142-425(b) of the City
Code.
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SR:CMC:JD:rlr
Attachments
T:\AGENDA\1 999\NOVI 799\REGULAR\1 749MEM CMC 11/09/99
CONTRACT FOR SALE AND PURCHASE
This Contract for Sale and Purchase is entered into as of the C(fk day of ~
1999, by and between GARY DA VENPOR~ hereinafter referred to as "Buyer" and CITY OF
MIAMI BEACH, a Florida Municipal Corporation, hereinafter referred to as "Seller."
*as Trustee for a family land trust in formation ~
WITNESSETH, that for and in consideration of the mutual covenants contained herein, the
Buyer and Seller agree as follows:
1. REAL TY. Seller agrees to sell to Buyer that certain real property located at 1749 Jefferson
Avenue, Miami Beach, Florida; as more specifically described in Exhibit A, together with
all tenements, hereditaments, privileges, servitudes, rights-of-reverter, and other rights
appurtenant thereto: all buildings, fixtures, and other improvements thereon, if any, all fill
and top soil thereon; all oil, gas and mineral rights possessed by Seller; and all right, title and
interest of Seller in and to any and all streets, roads, highways, easements, drainage rights,
or rights-of-way, appurtenant to the real property; and all right, title and interest of Seller in
and to any and all covenants, restrictions, agreements and riparian rights benefiting the real
property (all of the foregoing being referred to as the "Property").
2. PURCHASE PRICE. Buyer agrees to pay Seller a purchase price of One Hundred Fifty
Five Thousand Seven Hundred Fifty dollars and nollOO ($155,750) for the Property. The
purchase price shall be paid by cashier's check or wire transfer at closing. The Earnest
Money Deposit provided for in Paragraph 3 below shall be delivered to Seller and shall be
a credit against the purchase price.
3. EARNEST MONEY DEPOSIT. On or before the Effective Date of this Contract, Buyer
agrees to deposit with the City, as escrow agent, an amount equivalent to ten percent (10%)
of the purchase price, or the sum of Fifteen Thousand Five Hundred Seventy Five dollars
and no/lOa ($ 15,575), as Earnest Money Deposit. "Effective Date" shall mean the date that
this Contract has been fully executed by Buyer and Seller.
4. INTEREST CONVEYED. Seller agrees that it holds fee simple title to the Property, and
agrees to convey good, marketable, and insurable title by Special Warranty Deed subject only
to the following:
(i) Those certain covenants, restrictions and limitations intended
as covenants rmming with the Property, as set forth in that
certain Deed Indenture, dated November 24, 1919, and
conveying the Property from the Alton Beach Realty
Company to the City of Miami Beach together with any
reverter provisions or remedies specifically therein, and
specifically excluding #3 therein. A copy of said Deed is
attached and incorporated as Exhibit B hereto;
(ii) any and all other covenants, restrictions of record, and other
matters of plat and/or common to the subdivision;
(iii) real estate taxes for the year of closing;
(iv) zoning, restrictions, prohibitions, regulations, and other
requirements imposed by governmental authority; and
(v) utility easements of record;
(vi) such other exceptions as Buyer may, in its sole discretion,
agree to accept;
all of which are collectively referred to herein as the
"Permitted Exceptions."
5. PRORATIONS. Delinquent ad valorem taxes, if any, shall be paid by Seller. 1999 Ad
V alorem and Personal Property Taxes, assessments, utility fees, solid waste disposal fees,
improvement liens, rents, costs and revenues, if any, and any and all other proratable items
shall be prorated as of midnight on the date preceding the date of closing.
6. TITLE INSURANCE. Buyer shall, at his sole cost and expense and within ten (10) business
days of the Effective Date of this Contract, obtain a marketable title insurance commitment
and thereafter to issue an owner's marketable title insurance policy (AL T A Form "B") from
a title insurance company licensed by the State of Florida, in the amount of the purchase
price. Said policy commitment shall show a good, marketable and insurable title to the
Property in the Buyer's name. In addition, the policy to be vested in the Seller, subject only
to the Permitted Exceptions described in Paragraph 4. In addition, upon fulfillment of all
requirements set forth in Schedule B-1 of the commitment, the commitment shall insure title
to the Property for the period between closing and recording of the warranty deed. In
connection herewith, Buyer agrees to provide and pay the cost of recording of all affidavits
and other documents as required by the title insurer. Buyer shall have ten (10) business days
from receipt of title documents to inspect said title documents the commitment to examine
same and report defects, if any, in writing to the Seller. If the title search reflects exceptions
to title other than the Permitted Exceptions, the Seller shall have thirty (30) days from receipt
of written notice from Buyer to cure the designated defects, and if Seller is unable to cure
them within said time, then this Contract shall be rendered null and void and both Buyer and
Seller shall be released of all obligations hereunder, except that Buyer may waive any defects
and proceed with closing at Buyer's option. Buyer shall have the option to: (i) terminate this
Contract and receive a return of the Deposit, after which the parties shall be released from
all further obligation hereunder; or (ii) purchase the Property notwithstanding the existence
2
of such defects without reduction of the purchase price. Buyer shall pay all reasonable
recording fees for corrective instruments required hereunder. Should the estimated cost to
cure said title defect exceed a sum which is equal to 1 % of the purchase price as stated in
Paragraph 2 and Buyer does not agree to pay such excess above 1 %, Seller may elect to
terminate this Contract and neither party shall have any further obligations under this
Contract.
7. SURVEY. No later than ten (10) days prior to the closing date, Buyer shall obtain at his
sole cost and expense, a current certified survey of the Property prepared by a professional
land surveyor licensed by the State of Florida. If the survey shows any encroachment on the
Property or that any improvements on the Property encroach on the land of others, the same
shall be regarded as a title defect as provided in Paragraph 6, unless the title insurance
company is willing and able to insure Buyer against the results therefrom. Further Seller's
liability to cure any and all encroachments shall not exceed one percent (1 %) of the purchase
price referenced in Paragraph 2 herein.
8. TENANCIES. Seller warrants that there is no tenant in possession of the Property and that
there are no leases or other agreements and understandings either oral or written affecting
possession, use or occupancy of the Property. Seller represents that no person is living on
or occupying the Property and that Seller shall be responsible for evicting any and all persons
and/or personal property found on the Property prior to closing.
9. LIENS. Certified municipal and county liens, if any, shall be paid in full at or before closing
by the Seller. If a pending lien has been filed against the subject Property which has not been
certified as of the date of closing, and the work and improvements for which the lien was
filed have been completed prior to the closing, despite the fact that the pending lien has not
been certified, such lien shall be paid by the Seller. All other liens, whether certified as of
the date of closing or not, shall be paid by Buyer.
10. INSPECTION RIGHTS OF BUYER. Buyer acknowledges that the Property is being sold
in its present "as is" condition. Buyer shall have a period of fifteen (15) days from the
Effective Date of this Contract within which to conduct inspections of the Property,
including environmental, and/or to otherwise satisfy himself as to the acceptability of the
Property for Buyer's intended use (the Inspection Period). If Buyer is not satisfied for any
reason whatsoever, then Buyer shall have the right, exercisable in his sole discretion, to
cancel this Contract by the delivery of written notice thereof to Seller prior to the expiration
of the Inspection Period, in which event Buyer shall be entitled to an immediate and
unqualified return of the Earnest Money Deposit, together with any interest earned thereon,
if any, whereupon the parties shall be relieved of any and all further obligations and liability
hereunder.
11. CLOSING. The closing of this transaction shall be completed within forty-five (45) days
of the execution of this Contract unless otherwise extended, as mutually agreed upon by both
Buyer and Seller or as otherwise provided herein. The precise date, time and place of closing
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shall be set by Seller. Notwithstanding the foregoing, the closing shall be subject to and
contingent upon the redesignation of the zoning district classification of the Property, as
required by City of Miami Beach Code, Section 142-425 (b), with all costs for required
noticing of same to be paid solely by Buyer. In the event that the Property is not so re-
classified, and approval for same not granted, then this Contract shall be rendered null and
void and both Buyer and Seller shall be released of all obligations hereunder.
12. TIME. Buyer and Seller mutually agree to fully and timely execute such papers as deemed
necessary by Buyer's and Seller's attorneys to complete the conveyance in accordance with
the terms of this Contract. Time is of the essence in this Contract. The timely performance
of all obligations may be excused by an event of force majeure. For the purpose of this
Contract, ''force majeure" means an event arising from a cause beyond the control of the
parties which delays or prevents the timely performance of an obligation. Unanticipated or
increased costs, or unavailability of funds, are notforce majeure events.
13. EXPENSES. Buyer shall pay all closing costs associated with this transaction, including any
applicable Florida Documentary Stamp Tax and Dade County Discretionary Tax (surtax),
but not including any attorneys' fees incurred by Seller, nor any costs of Seller's approval
process associated with the sale.
14. LOSS. All risk of loss to the Property shall be borne by Seller until transfer of title.
15. ACCESS. Seller represents that there is legal ingress and egress to the Property.
16. POSSESSION. Seller shall deliver possession of the Property and keys to all locks, if any,
to the Buyer at closing.
17. DEFAULT.
a) By Buyer.
If Buyer fails to perform the covenants of this Contract, Seller's remedies shall be
limited to obtaining specific performance of the Buyer's obligations hereunder or
termination of this Contract and, the retention of the Earnest Money Deposit, together
with any interest earned thereon, as agreed and liquidated damages in full settlement
of any claims, whereupon the parties shall be relieved and released from all further
obligations under this Contract. The parties agree that this provision for liquidated
damages is a bona fide attempt by the parties to resolve the amount of the damages
which would be sustained by the Seller in the event of the breach of this Contract by
the Buyer, and the parties recognize that the actual amount of such damages, if any,
would be speculative and extremely difficult to ascertain.
b) By Seller.
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If the Seller fails to perform any of the covenants of this Contract, and/or fails to
close as provided herein, then Buyer may: (a) terminate this Contract in which event,
if prior to the Initial Closing, Buyer shall be entitled to an immediate and unqualified
refund of the Earnest Money Deposit, together with any interest earned thereon; or
(b) obtain specific performance of Seller's obligations hereunder. Notwithstanding
the foregoing, Seller shall be entitled to written notice and ten (10) days opportunity
to cure any default, and any deadline shall be extended for the period of cure.
18. LITIGA TION. In the event of any litigation arising out of this Contract, the prevailing
party shall be entitled to recover reasonable attorney's fees and costs from the other party
upon final court judgment, including appellate proceedings.
19. DISCLOSURE. Seller represents that there are no facts known to Seller which materially
affect the value of the Property which have not been disclosed by Seller to Buyer or which
are not readily observable to Buyer.
20. SELLER'S REPRESENTATIONS.
a) Seller hereby represents to Buyer as follows:
(i) Seller has received no written official notice, nor any informal
written or oral notice of any contemplated condemnation
proceedings against the whole or any part of the Property;
(ii) Seller has no knowledge of any fact or condition which would
result in the termination or reduction of the current access
from the Property to existing public streets; and has no
knowledge of any proposed road widening or other
construction activity within the vicinity of the Property;
(iii) There are no lawsuits presently pending nor have any lawsuits
been threatened concerning the Property or any portion
thereof, of Seller's title or right to convey the Property, nor
has Seller any knowledge of any claims or liens existing or
threatened against the Property or any part thereof, other than
those filed of record prior to the Effective Date, but
specifically excluding any lawsuits, claims or liens which may
be threatened pursuant to any covenants, reverter provisions
or remedies, as set forth in Exhibit B hereto;
(iv) There are no other contracts, agreements, understandings or
other obligations existing with respect to the Property or any
5
portion thereof, other than as are reflected in this Contract and
other information to be furnished hereunder;
(v) No person, firm, corporation, or other entity has any right or
option to acquire the Property, or any part thereof;
(vi) Seller is neither a "foreign person" nor "foreign corporation"
as those terms are defined in the United States Internal
Revenue Code, as amended, and Seller shall ratify this
warranty by affidavit at the time of closing.
b) All of Seller's representations shall be true and correct as of the date of Closing, shall
be deemed ratified by Seller's act of Closing, and any documents or information to
be furnished by Seller shall be updated and furnished to Buyer at Closing, as
provided above. From and after the Effective Date of this Contract, and until the date
of Closing, Seller shall not take any action or make any admission, which would have
the effect of violating any representations of Seller contained in this Contract.
21. CLOSING DOCUMENTS.
a) At Closing, Seller shall execute and/or deliver the following documents all in form
and content acceptable to Buyer:
(i) A Special Warranty Deed conveying title to the Property, free
and clear of all mortgages, liens, claims and encumbrances
and subject only to the Permitted Exceptions;
(ii) an Affidavit reciting that there are no mechanic's, materialmen's or laborer's
liens against the Property then being conveyed and that within the past ninety
(90) days there have been no improvements, alterations or repairs for which
the costs thereof remain unpaid, except those which agrees to pay in the
ordinary course; that the Property is free and clear of all liens, taxes,
encumbrances and claims whatsoever, with the exception of real estate taxes
for the year of the closing; that affiant has received no notice of any
violations of County or municipal ordinances pertaining to the Property then
being conveyed and that there are no other parties in possession;
(iii) a Standard FIRPT A affidavit;
(iv) a standard "gap" affidavit in the form required by the title
company issuing a title insurance policy to Buyer; and
(v) such other and further documents as may be reasonably
appropriate to consummate the transaction in accordance with
6
the provisions of this Contract.
b) At the Closing, Buyer shall execute and/or deliver the following documents all in
form and content acceptable to Seller:
(i) the balance of the purchase price;
(ii) the Declaration of Restrictive Covenants, as set forth in substantial form in
Exhibit C attached hereto;
(iii) such other and further documents as may be reasonably
appropriate to consummate the transaction in accordance with
the provisions of this Contract.
22. INDEMNIFICATION. Buyer shall indemnify Seller and hold and save Seller harmless of
and from any and all loss, cost, damage, injury or expense arising out of or in any way related
to claims for injury to or death of persons, damage to property, contractual provisions, taxes
or any other matter whatsoever, and expenses or claims of any kind, including, without limit,
indemnification against money judgments, lien judgments, court costs and attorney fees (at
all levels) whether direct or contingent, associated with the ownership, operation,
management or control of the Property or any part thereof, arising due to or out of events or
transactions occurring prior to the Closing hereunder or arising out of or in connection with
Seller's ownership of the Property, this Contract, or the transfer of title to Buyer. As
consideration for Buyer's indemnification, as set forth herein, Seller herein restates the
representation set forth in Paragraph 20(a)(iii), and agrees to forward to Buyer a copy of any
subsequent complaint or other claim promptly, so that Buyer may have sufficient time to
prepare an answer. Buyer agrees to defend any and all such claims, taking action as he
reasonably believes necessary. This Indemnification shall survive Closing and the
conveyance of the Property to Buyer.
23. ASSIGNMENT/SUCCESSORS IN INTEREST. This Contract shall be binding on the
heirs, successors and assigns of the respective parties hereto. Neither this Contract nor any
interest therein shall be assigned by Buyer or Seller without the express written consent of
each other.
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24. NOTICE. All communications regarding this transaction shall be directed to:
as to Buyer:
Gary Davenport
1775 Jefferson Avenue
Miami Beach, Florida 33139
With copies to:
Steven C. Cronig, Esq.
501 Brickell Key Drive,
Miami, Florida 33131
11407
as to Seller: CITY OF MIAMI BEACH
Attn: Christina M. Cuervo, Assistant City Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
with copies to: CITY OF MIAMI BEACH
CITY ATTORNEY'S OFFICE
Attn: Murray H. Dubbin, City Attorney
1700 Convention Center Drive
Miami Beach, Florida 33139
25. RIGHT TO ENTER PROPERTY. Buyer and its agents shall, upon reasonable notice,
have the right to enter the Property for all lawful purposes including inspections during the
Inspection Period as provided in Paragraph 10; provided that Buyer shall indenmify and hold
Seller harmless for damage or injury caused by Buyer and its agents.
26. RECORDING. This Contract or notice thereof may be recorded by Buyer in the minutes
of the Clerk's Office of Seller, but shall not be recorded in the official public records of the
Clerk of the Court of Dade County, Florida.
27. ENTIRE AGREEMENT. This Contract contains the entire agreement between the parties
hereto as it pertains to the subject matter contained herein and shall supersede and take
precedence over any and all prior and contemporaneous agreements and understandings
between the parties hereto.
28. CONDITIONS. This Contract is conditioned upon approval by the Mayor and City
Commission of the City of Miami Beach, Florida, and in the event that such approval is not
granted by December 31, 1999, Buyer will have the right to terminate the Contract.
~,
8
IN WITNESS WHEREOF, the Buyer and Seller have duly executed this Contract as of the
day and year above written.
(OFFICIAL SEAL)
ATTEST:
Witnesses:
By:
BUYER:
Gary Davenport, as Trustee for a family
land n=-i'/;lormatiOn ..t-
By:~(til{<r
Date: 12 -'i -91
By~ltZ L:lLA.....'~ Q....tJ 'Eb ~
(OFFICIAL SEAL)
APPROVED AS TO
FORM & tp.,NGUAGE
& FOR EXECUTION
ATTEST:
SELLER:
CITY OF MIAMI BEACH,
a Florida Municipal Corporation
AiLJJh;JL, \\-0--0)
Cr~ Morooy Dofe
? ' )
By: ~k< LU~ } ((iAdlA--'
City Clerk
By:
Date:
The undersigned Escrow Agent hereby acknowledges receipt of the Earnest Money Deposit
in the amount of Fifteen Thousand Five Hundred Seventy Five dollars and nolI 00 ($15,575).
ESCROW AGENT / CITY OF MIAMI BEACH
By: ~1~'\~
Print Name: e..1l.N\ J. (\Jv;\c....-
~.
Date: 12.- ~ - q\
F:\DDHP\$ALL\ASSET\ I 749JEFF\1 749JEF2.CNT November 8. 1999
9
EXHKBKT A
Lot 13, Block 21, Amended Plat of Golf Course Sub-Division, Plat
Book 6, Page 26, Public Records of Dade County, Florida (the
"Property")
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EXHKBKT B
'rIllS lHDilll'l'illill, I.lade this
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- ...v ~ - - day of november, A.D. 1919
between 'L'1lli ,'J.,'loi~ Blli1t.:Il RE.iL1'Y UOlIPANY', a corporation organi zed and existing
nnuel' the laws of the State of Florida, party, of the first part, and the CITY
OF MIAMI BEACH, a municipal corJ..loration situate in the Uonnty Of Dade and Sta.te
r ,,:';.;"' ,~r!:\-"':~Jr~\.\:;~";i~.~~;(;.'~f~~~~~~~~~:;:;:~~~~~"*';:'~.:
of Florida, party of the second part;'i".,.:~:,'t';~"'"''''.''''~'~/('<''''' < '..
~ITNESSirH, ~hat the said party of the first part, for and. in con-
sideration of the sum of Forty 'L'housand ($40,000.00) DOlla.rs, to it in hand
paid Ly the said party of tllG second part, the receipt whereof is heri\- ac-
knowledged, has granted, bargained and sold to the said party of the second
part. its succeSSOrs and assiGnS forever, the following described real estate
and pel'sonal property situate and located in the City of Miami Beach. Connty
of Dade ~ld State of Florida, described as follo\'ls. to-wit:
From a concrete monument situate at the intersection
of the North line of Lincoln Road and the V-lest line of Al-
ton Road, as shol'm, marked'and desi~ated on a plat r~cord-
ed in Plat Boole lTo. 4. at page 125. of the public records
of Dade County. Florida; thence rlID East along the North
line of said Lincoln Road produced Eastwardly. a. distance
of Tlvelve Hundred and ..b'ifty (1250)' feet;.thence'~run: North
along a line parallel with the Wes t; line' of .lIaid Alton
ROad produceu I-iorth','lardly, a distance of Eighthundred and
Seventy (870) feet, for a point of beginning of the land
herein descrhed; thence Horth along said last named line
a distance of ~ixty-five (65) feet; t~nce East on a line
parallel l'Ii th the l~orth lino of said Lincoln Road produced
Eastllardly, a distance of One Hundred ani Fifty (150) feet;
thence South along a lino IR 1'0.11131 with said Viest line of
II ton Hoad produced a d is tance of Sixty-five (65) fee t;
tilence \'/est On a line ra 1'0.11131 wi th the North line of said
Lincoln Road a o.i stance 0 f One Hundred and n fty (150) feet
to the point of beginning, containing twenty- t..IO one hundredths
(0.22) of an acre, more or less;
Also the water works 'system of the Gran tor herein, noVl
o':mcd, operated aml maintC\ined b;y it in the City of Uiami
lJeach, indwlinl'; all wells. pumps" machinery, water mains,
hyurants anu o Lli;)l' equipment and apparatus appertaining
thereto, an," no.: in any manner useu in connection there',';i th,
incll1uing the rj,ght to enter upon any other real estate now
o\'llled by said cOl'lJoru. tion for the purpo se of maintaining and
malting necessary repairG to said: Yfater.systeq':,or a:ny part
thereOf; it being unuerstood, however, that saidpul'chase
silall not include tho \'.'1311, pump and accessories nOl'I ovmed by
the grantor herein and used in. connection with the operation
of i tG Luilding and bus ines s Imown as "the Casino". si tuate
in said City of lliwni Beach.
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SHUTTS. SMITH.. BOWe:N, ATTORNEYS'AT-LAW,. MIAMI. ,.LA.
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IT IS JlUTUALLY UNDEBS'l'OO.l) AlID AGREED by and between the
parties hereto. that this conveyance is made subJeot to'the
following restriotions and limitations. whiohare intended to
be and shall be taken as ,covenants to run with the land. and
which are intended to be and shall be taken as oonditions of
this conveyance and one of the express oonsiderations thereof.
viz:-
1. '1!b8 conBtruct1ou or ereot1ou of'bu11d1USB 'on the
.' ,. ;~;'i' "'~";-~";;a:;~ est~~e,~~~~.<~0~~y~,J:1I~!..~~p.~~a~~~
c:,k~::51';~t~iii,or.::a4dl tions 'aa'llare or. may " Deoom. . eoe.~~f.~li!"~~her~;~it~'~-O::,; ."
,.:,;.:;,J,.</li~'complet1on of the city water system. .' "'.'!'
2. Any building or addition which may be erected wd-e8\.
clause one (1) above must be of stone. stuoco. concrete. vi~
rified tile or blookS. with tile or shingle roof. so finished
as to match the present buildings. HO teinporary sheds of any
character shall be ereoted or placed on the property.
r;.. The above desoribed property shall never be sold.
leased or rented in any form or manner. by any title. ei thar .
legal or equitable. to any person or persons other than of the .
Caucasian Raoe. nor to any firm or corporation of which any per-
son or persons other than of the Caucasian Raoe shall be a,mem-
ber or stoQkholder.
'.
4. Bo spirituous, vinous. malt or other intbxlcating
liquors shall ever be manufactured. sold or bartered upon said
real estate.
"
6. The real estate herein conveyed shall not at any time
be subdi~ided; but this restriction shall not pre~ent the
Graibe trom convey1ng any part of the" .aid'/real estate here-
in conveyed to the owner or owners ot lots adjoining the real
estate hereby conveyed. 1-
6. The provisions. limitations and restrictions of this
instrument shall not be coutrued so as to prevent or limit
the Grantee trom keeping or maintaining on the real estate
hereby conveyed, such elllployees. or servants as may be re-
quired for operation of the plant.
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7. One of the express considerations of this conveyance
is that the Grantee herein agrees to allow .the use of such
water without cost to the Grantor herein. as is necessarily
used on the following fields and tracts:-
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The Miami Beach Golf course and Club Buildings.
The Miami Beach Polo GroundS. Club House and Stables.
The Flamingo Golf Course and Club Buildings.
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for a ~riod of twenty years from the date hereof. and until
said fields are abandoned. or their present use discontinued.
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All the conditions. covenants. stipulations and agreements
and each and everyone of them herein oonta.ined. are to have
the effect of covenants ruDJling with the land and' the grantor
by the execution and delivery of this d~ed. and the Grantee.
by the exeoution, delivery and aoceptanceof this deed. each
severally bind themselves. their successors or assigns, to
. perform, fulfill. abide by and carry out each and every of
said covenants. stipulations and agreements. violation in
whole or in part of any of the within limitations and restric-
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tions by the Grantee or its successors or assigns, or by
the ovmer or o"ners of the real estate herein conveyed by vir-
tue of any judicial proceedings, shall cause the sai~ above
described wld conveyed real estate to ilmnediately revert to
the Grantor, its successors or assi~lS, wld shall entitle the
Urantor. its succeSGors or assigns. to DMlediately enter upon
aaiu property \:ithout notice, and take possession of the aam~,
ltllhi th full ti tle,~ in fee..sl~MI~~~;g~.:!;M~~~~!t~~P~O!,~~~;:~~
ereon. '. .c"" ......T. .. '.
And the said party of the first part does hereby fully warrant tho ti t~to said
real estate and personal property and vlill defend the same against_the lawful.
claims of all persons ~homsoever.
IU \~; l'rllESS \'JHEREXlF, the said party of the first part has hereunto
caused its corporate lUI.JJlG and seal to be set and affixed by its President.. the
day and year first above written.
By'
Atte6t:~ (() ~AJ.~.
. Socretary.
Signed, sealed and delivered in
~~:;~1~E~~l
..
~'.rATE Ol!'
ss.
GOUll'l'Y OI!'
1, a Notary l'ub1ic of the state of ~~~
an officer au-
;2. f15 ' day
.
t:lorized to truce aclmo':!l adgmonts, hereby certify that on this
of llovembel', .\..1>.1919, personally appeared before me, CARL U. 1!'I:;)m:n and
.b'lliUJK O. VAll DillllilT. respectivol;J' President nnll Secretary of TIlE AI/10U BEACH
1l;ill.'l"[ GOLll'AHY, n. corpol~c!.tion ol'ganizoo. o.no. existing under tl1e laws of the
State of 1"lorida, to lllo.:oll IWO'..11 to be the p3 r80ns described in and 'o'Iho
executod tho foreGoing COJlvo;yanco to the UI'l.'Y O~' MIMiU BUCH, and severally
acknowledgod the execu tiOll tileroof to be the ir free and vol rm tn.ry act and
deed as such officers for tho uses and purposes therein expressed; that
they affixod thoreto til() official seal of said corporation and that said in-
strmnent h; the act and (leed of said corporation.
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''}1.f~day of November, A.D.
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~~ Comnission expires
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EXHIBIT C
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this
day of , 1999, by (the "Owner"), is in favor of the
City of Miami Beach, Florida, a municipality of the State of Florida (the "City").
WITNESSETH:
WHEREAS, the Owner holds fee-simple title to certain property in the City of Miami Beach,
Florida, located at 1749 Jefferson Avenue, Miami Beach, Florida, legally described as follows:
Lot 13, Block 21, Amended Plat of Golf Course Sub-Division, Plat
Book 6, Page 26, Public Records of Dade County, Florida (the
"Property"); and
WHEREAS, the Owner purchased said Property from the City of Miami Beach, pursuant
to Resolution No. , adopted on , 1999, Exhibit" 1"; and
WHEREAS, the Owner is desirous of making a binding commitment to assure that the
Property shall be developed in accordance with the provisions of this Declaration;
NOW THEREFORE, the Owner voluntarily covenants and agrees that the Property shall
be subject to the following restrictions that are intended and shall be deemed to be covenants running
with the land and binding upon the Owner of the Property, its successors in interest and assigns, as
follows:
1. Recitals. The recitals and findings set forth in the preamble of this Declaration are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
2. Building Restrictions. Notwithstanding anything to the contrary in the City Code, the
Owner shall only be allowed to develop the Property in accordance with the requirements of Sections
142.101 through 142.106 and Sections 142.901 and 142.905 of the City Code. In all other aspects,
improvements to the Property shall comply with the zoning and development regulations which are
applicable to the Property at the time of securing permits for the improvements.
3. Effective Date. This instrument shall constitute a covenant running with the land on
the Property and shall be binding upon Owner, its successors and assigns upon recordation in the
Public Records of Dade County, Florida. These restrictions shall be for the benefit of, and a
limitation upon, all present and future owners of the Property and for the public welfare.
4. Term of Covenant. This voluntary covenant on the part of the Owner shall remain
in full force and effect and shall be binding upon the Owner of the Property, its successors in interest
and assigns for an initial period of thirty (30) years from the date this instrument is recorded in the
public records and shall be automatically extended for successive periods of ten (10) years, unless
modified, amended or released in accordance with Paragraph 6 herein prior to the expiration thereof.
5. Inspection and Enforcement. It is understood and agreed that any official inspector
of the City may have the right at any time during normal working hours to enter upon the Property
for the purpose of investigating the use of the Property, and for determining whether there is
compliance with the conditions of this Declaration and the requirements of the City's building and
zoning regulations.
Enforcement shall be by action against any parties or persons violating or attempting
to violate any of these covenants. The prevailing party in any action or suit arising out of or
pertaining to this Declaration shall be entitled to recover, in addition to costs and disbursements
allowed by law, such sum as the Court may determine to be reasonable for the services of its
attorney. This enforcement provision is in addition to any other remedy at law, in equity or both.
6. Amendment and Modification. This instrument may be modified, amended or
released as to any portion of the Property by a written instrument executed by the then owner(s) of
the fee-simple title to the land to be effected by such modification, amendment or release, which
instrument shall have the affirmation of the City Manager, as directed by the Mayor and City
Commission, to be effective. Any such instrument of amendment, modification or release shall
provide that same has been approved by the City of Miami Beach City Commission at one of their
regular meetings and, if so required, at a public hearing, which public hearing shall be applied for
by, and be at the expense of, the Owner. Should this instrument be so modified, amended or released
the City Manager or his successor, shall execute written instruments in recordable form effectuating
and acknowledging such modification, amendment or release.
2
7. Severability. Invalidation of any of these covenants by judgment of Court shall not
affect any of the other provisions of this Declaration, which shall remain in full force and effect.
8. Recording. This Declaration shall be filed of record among the Public Records of
Dade County, Florida, at the cost of the Owner.
of
IN WITNESS WHEREOF, the undersigned has set his hand and seal this
,1999.
day
Witnessed by:
By:
( Owner)
Print Name:
Witnessed by:
Print Name:
STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
The foregoing instrument was
, 1999, by
is personally known to me or produced
acknowledged before me this day of
He personally appeared before me,
as identification.
Print Name:
Notary Public, State of Florida
Commission No.:
My commission expires:
F:\DDHP\$ALL\ASSET\ I 749JEFF\1 749JEFF,CYN November 8. 1999,(
3
~
L
'CITY ,OF MIAMI BEACH
NOTICE OF A PUBLIC HEARING .
NOTICE IS HEREBY given that a public hear-
ing will be held by the City Commission of the
City of, Miami Beach on WednQday,
November '17; 1999 at 2:00 p.m., i/1 the
Commission Chambers, 3rd Floor; ~ity 1:1 all,
I 1700 Convention Ceriter Drive" Miami Beach,
Florida, to consider, public, comment regarding
the sale of the City-owned property located at
1749 Jefferson Avenue, Miami Beach, Florida.
, '
Inqulr!es may be directed to the City
Manage(s office at (305) 673-701 O~ '
ALL INTERESTED PARTIES are invited to
appear at this m~eting; or be represented bY,an
agent, 'or to' express their views in writing
addressed to the City Commission, c/o theCity
Clerk, 1700'Cohvention Center Drive, 1 st floor,
City Hall, Miami Beach, Florida 33139., This
meeting maYbe continued and under such cir-
cumstances additional legal notice would not
be provided. \.-
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the
City hereby advises the public that: if a person
decides to appeal any deci,sior'l made by the
City Commission with respect to any matter
considered at its meeting or its hearing, such
person must ensure that a verbatim record of
the proceedings is made, which record
includes the testimony and evidence upon
which the appeal ,is to be ,based. This notice
does not constitute c'onsent by the city for the
introduction or admission of otherwise inad-
missible or irrelevant evidence, nor does it
authorize challenges or appeals not not other-
wise allowed by law>
In accordance with the Americans with
Disabilities Act of 1990, persons needing spe-
clal,accommodation to participate in this pro-
c~eding should contact the City Clerk's office.
Telephone (305) 673-7411 for assistance; if
hearing impaired, telephone the Florida Relay
Service numbers, (800) 955-8771 (TOO) or (800)
9p5~8770 (VOICE), for assistance. '
......,..
F TUESDAY. NDVEMBER 2.1999 www.herald.oom 78
..{~tt&iChmeJtJlt 1
CiTY OF MIAMI BEACH
PLANNING, DESIGN & HISTORIC PRESERVATION DIVISION
To: Joe Damien
Executive Assistant to the City Manager
From: Jorge Gomez ~
Planning and {o~ng Director
m
-
-
-
Date:
Subject:
October 27,1999
Analysis of Possible Sale of 1749 Jefferson Avenue
(Ordinance 92-2783)
Pursuant to your request, this memorandum serves to provide an analysis of the
possible sale of city-owned property at 1749 Jefferson Avenue.
Ordinance 92-2783 of the City of Miami Beach requires that any proposed sale of city-
owned land be analyzed from planning perspective in order that the City Commission
and the public are fully apprised of all conditions relating to the proposed sale. What
follows, herein, are each of the eight criteria prescribed in said ordinance and a
response to each:
1. Whether or not the proposed use is in keeping with City goals and objectives
and conforms to the City Comprehensive Plan.
The lot in question has been owned by the City for some time. The deed for the
property (dated November 24, 1919) conveyed title to the City with certain
restrictions - most importantly, that the property is to be used for water service
purposes. However, in the mid 1990's, the City's engineering consultant,
Camp Dresser & McKee, Inc. determined that the lot, measuring 65'x150', was
no longer suitable for any water and/or sewer system expansion.
While the City's Comprehensive Plan and its related goals and objectives, calls
for the City to maintain adequate water service to its citizens, it can be
concluded that the subject lot cannot be used any longer to meet the specific
objective of providing water service. As such, its sale for a private use does not
specifically contravene the objective of providing water service.
The future land use category for the lot and surrounding area is RS (Single
Family). This use category allows for single family detached dwellings as the
main permitted use.
2. The impact on adjacent property, including the potential positive or negative
impacts such as diminution of open space, increased traffic, noise level or
enhanced property values, improved development patterns and provision of
Attachment 2
necessary services. Based on the proposed use of the property, the City shell
determine the potential impact of the project on City utilities and other
infrastructure needs and the magnitude of costs associated with needed
infrastructure improvements. Should it become apparent that further evaluation
of traffic impact is needed, the proponent shall be responsible for obtaining a
traffic impact analysis from a reputable traffic engineer.
The proposed sale of the site for purposes of constructing a single family home
should have a negligible effect on traffic and infrastructure needs of the
surrounding area. Clearly it will diminish the open space in the immediate area.
However, it would be very difficult to create and maintain a successful "vest-
pocket" park for the neighborhood at the subject site.
3. A determination as to whether or not the proposed use is in keeping with a
public purpose and community needs, such as expanding the City's revenue
base, reducing City costs, creating jobs, creating a significant revenue stream
and improving the community's overall quality of life.
The proposed sale of the site for the purpose of constructing a single family
residence would return the property to the tax rolls, the tax revenue from the
site when improved would slightly increase the City's revenue base and create
temporary construction jobs during the building phase.
The proposed sale of the site would eliminate the City's costs attributed to
maintaining the lot, however, these costs are nominal.
Notwithstanding the above, the Commission should consider how the proceeds
from the sale of this lot could be used. It is conceivable that the revenue
realized from the sale could be used for some public purpose that would benefit
the immediate neighborhood or the community as a whole.
Alternatively, if the lot were not to be sold, the Commission should consider
other uses which might be more responsive to a public purpose or to the
community.
4. Determination as to whether or not the development is in keeping with the
surrounding neighborhood, will block views, or create other environmental
intrusions, and evaluation of the design and aesthetic considerations of the
project.
The surrounding area was recently re-zoned to single family, thus the only main
permitted use for this site is as a single family residence. Such development
would be in character with the neighborhood. It is also important to note that
the area is within a local historic district and any new construction would
require approval from the Historic Preservation Board.
5. The impact on adjacent properties, whether or not there Is adequate parking,
street, and infrastructure needs.
The proposed use as a single family residence should not have any adverse
impact on surrounding properties. The project should have no major impact on
parking, street and other infrastructure needs.
6. A determination as to whether or not alternatives are available for the proposed
disposition, including assembly of adjacent properties, and whether the project
could be accomplished under a private-ownership assembly.
The only private use of this lot would be to develop it as a single family
residence. Assembling the property with surrounding lots would still result in
single family development unless such lot was used for accessory uses such as
tennis courts or swimming pools.
7. Within the constraints of public objectives, the department should examine
financial issues such as job generation, providing housing opportunities, and the
return to the City for its disposition of property.
The proposed sale of the property for a single family residence would have little,
or no public benefit in terms of generating jobs on a long-term basis It will
create a housing opportunity.
8. Such other items as the Planning Department may deem appropriate in analysis
of the proposed disposition.
The Planning, Design and Historic Preservation Division has concluded that the
sale of the subject property would not be detrimental to the surrounding area.
JGG/cat
cc: J. Gavarrete
F:\PlAN\tALL\OA VENPOR. WPD
CITY OF WAW BEACH
TO:
Peter F. Liu
Executive Assistant to City Manager
FROM:'
Murray H. Dubb~n ~ ~
City Attorney
DATE:
October 13, 1995
SUBJECT:
Your memo of October 4, 1995 - Clarification of Deed Covenants and
Restrictions -1749 Jefferson
I have reviewed the above referred to memo and its attadunents, namely a memo of October 3, 1995
from Vincent O. Akhimie, a copy of the deed of November 24, 1919 from the Alton Beach Realty
Company to t..:~e City of Miami Beach conveying the property. In addition I have reviewed a letter
of September 27,1995 from Lucia Dougherty to the City Manager advising that she has a client
interested in buying the property. The proposed purchaser is an adjacent landowner who desires to
use the property to build a swimming pool accessory to his residence.
The deed contains seven restrictive covenants with a reverter provision in the event of violation of
any of them. The covenant that gives me most concern is one which limits the construction of
buildings on the property to "Such buildings or additions as are, or may become, necessary for the
further completion of the City water system. "
The remaining six restrictions are, in my mind, troublesome but not critical. However, the final
decision maker as to the acceptability of the property subject to such covenants would be the
purchaser himself
To that end, I would advise that if any conveyance of this property were made, it be made by a
Special Warranty Deed which conveys the property subject to the conditions and restrictions and the
reverter clau5~.
I am also concerned by the suggestion by Mr. Akhimie that the property may be required for a
pumping station, a use which appears to be consistent with restriction NO.1.
Ordinance No. 92-2783 provides a method of conveying City owned property which calls for a public
hearing and eight criteria which must be found to exist by the City Commission as a predicate to the
conveyance. Said ordinance also calls for an independent appraisal of the fair market value of the
property as the basis for setting a sales price.
Attachment 3
In a snorter conclusion, it is my opitJion that the property may be sold provided:
1) The purchaser is willing to take the risk of violation of the restrictions and the
possibility of reverter and indemnify the City against claims which may result from the
. sale.
2) The City does not in fact require the property in furtherance of the City water system.
3) The provisions of Ordinance No. 92-2783 are complied with.
4) That written approval of the transaction be obtained from all adjacent property
owners.
:MHD:lm
~
11/15/99 10:50
S.nt b~I~IRMI OFFICE
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GREENBERG TRAURIG ~ 305 573 7002
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NO. 512 ~02
~aCj. 1
~-....
November It, 1999
Mayor Neisen Kasdin
Members of the City CommiliSion
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139 j
RE: Sale of 1749 Jefferson Avenue, Lot 13, Blok 21 . Amended Plat of 00 If Course _
Plat Book 6, Page 26 of the Public Records' fDade County, Florida
Dear Mayor Kudin and Members of the City Commissio :
TN! is to confirm that L adjacent property owner to the above described property, have
no objection to the acqusition of said site by Gary Davenport.
~
.I
(SianaWre)
. Kemp
1745 efferson Avenue
Miami Beach, Florida 33139
Atta.chment 4
Iloj
11/16/gg 10:50
S.ML b~I"IA"I OFFICE
GREENBERG TRAURIG ~ 305 673 7002
Hov-t,-.. ,.... '10. "...,."".,..
NO. 612
789 ~416
..<;1.
D03
2
"
November~, 1999
Mayor Neisen KueHn
Membern of the City ConuniMjon
City of Miami Beach
1700 Convention Center Drive
Miami Beach. Florida 33139
RE: Sale of17491e.trerson Avenue, Lot 13, Bl 21 - Amended Plat ofOoJfCourse-
Plat Book 6, Page 26 of the Public Records fDade County, Florida
Dear MAyor IWdin and Members of the City Commissi :
!
This is to confirm that I, adjacent property owner to the above described property, have
no objection to the acqusition of said site by Gary Davenport.
Sincerely,
(Signature)
Davenport
1775 Jefferson Avenue
Miami Bei Florida 33139
..
11/16/99 10:51
s."~ ~~lMIRMI OFFICE
GREENBERG TRAURIG ~ 305 673 7002
'Oy-"-" "." '10" .""""".",
NO. 612 Gl04
78~ '416
..aq. :s
November I", 1999
Mayor Neisen Ka.sdin
Members of the City.Commission
City of Miami Beach
I 700 Convention Center Drive
Miami Beach, Florida 3313 9
RE: Sale of11491etfersonAvenue, Lot 13, BIo k 21 . Amended Plat ofGolfCoufSe ~
p~ Book 6, Page 26 oftbe Public Records fDade County, Florida
Dear Mayor Kasdin and Member, of the City Commtssi
This is to confirm that I, adjacent property ownei to the above described propeny, have
no objection to the acqusition of said site by Gary Davenport.
L. , resident
airview Condominium
1154 Meridian Avenue
Miami ~ FIorlda 33139
i
(Signature)
'\
_I
11/16/99 10:51 GREENBERG TRAURIG ~ 305 673 7002
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CITY OF MIAMI BEACH
MEMORANDUM
DATE:
December 13, 1995
TO:
Jose Garcia-Pedrosa
City Manager
FROM:
Joe pinon
Assistant
SUBJECT:
PURCHASE OF CITY PROPERTY;
DA VENPORT VIA LUCIA DOUGHERTY
REQUEST BY GARY
----------------------------------------------------------------
----------------------------------------------------------------
I received the enclosed fax transmittal from Lucia A. Dougherty,
Esq., regarding the request of Gary Davenport to purchase Lot 13,
Block 21, Amended Plat of Golf Course Subdivision (vacant parcel at
Jefferson and 18th Street, Miami Beach).
I have discussed, this issue wi th Public Works Director Vincent
Akhimie and we are of the opinion that a water pump station is
better suited in the south end of the City.
We recommend the sale of tbe property.
Please advise.
JP:blbm
Enclosure
c: Vincent Akhimie, Public Works Director
Att&cJhm.eJllt 5>
- -- -- -- .....-...... .....A,.......... __,"._.. .. .....----
- I"lVV J. ( . = l:R' !OJ.M'I 1...l.il'1 r I. l.-.MUlJ.
,\ ........'--c
~
\ r-. C::./::i
CDM Camp Dresser & McKee Inc.
.,..~_"" 000 Brictd Avenue, &In. 710
- MIamI. FIork1a 331ai
r Tel: 3QS 312.7'17'1 Fax: 305 3n81117
October 19, 1995
Mr. Vincent O. Akh.1mia, P.R.
Director of Public Works
City of Miami Beach
City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
Subject: Location Proposed }'uture WaJtewater
Master Booster Pump Station
Dear Mr. Akhimie;
I"'""
In re~Fonse to your letter dated October 11, 1995, we have evaluated use of the City-
owned property at 1749 Jef:fersan Avenue as a site for the ptoposed future ~ter
wastewater boOSter pump station. The dimensions of this property are a 65-foot
frontage on Jefferson Avenut! and a depth of 15Q feet (0.22 acres).
This size parcel is adequate lor conatrudion and operatiDtI of the p1'Op~d station.
However, the location of the parcel while "workable," is somewhat less than ideaL
Thi.s location being considerably north of Pump Scation Nos. 31 and 1 requires
diversion of theit ~ Bows a CCNiderable distanre to the north rather than
maintaining their pre~~ relatively short connections to the terminal 54-inch ftm;e
n\ain. 'the loation of the booster pu:atp station at South Point:e wou1d.1w.ve allowed
these connections to remain. This circuitous path will result in somewhat higher
energy costs ror th~se two statiO%1s.
The connection of Pump Station Noa. 31 and 1 to the booster pump station at this
location may be accompliahad through use of the existing 24-inch ro1'Ce main in
Jefferso~ Court and Jefferson Avenue between 3rd St4eet and 11th Stroot and the
existing 3O-inc:h force main in Meridian Street'between 11th Strget and 17th Street.
Short lengths of 36, 42, and 54-lnch suction and dUscharge piping will be required tu
serve Pump Station No: 11 and make the necessary connections to the new b~
pump station.
An analysis of projected water and wastewater flows to the Yp.ar 2015 indicates that,
some time during this period,. the discharge from the booster pump station may
overload the 42-i:t\d\ fo~ main between 17th Street and 11th Sm:ct, where it
connects to the 54-inch tenninal force main. requirtng replacement ~ paralleling to
increase its capadty.
."-"
It is assumed that the proposed developmenf in tho south Pointe/South Beach area
hag eliminated any possibility of locating this ooo.ster station anywhere south of 3rd
S~t. As an alternative to that location and the City-owned property on Jefferson
.. ............, - - -..... - - . 'C,J -.J r K U L"1: M .1 M M .1 C .c:. /""'\ "- n r- U O.r...- .r. '-
NVY 1 ( . ~ t:l;) 'la.l.n, l..LJn r I. L.H.JLJ.
.r.l....I~ -...lV::;)O'...;)'O~"
PAGE
r-.:J/:;'
3
~
CDM Camp ~& McKa:lnc.
f'
Mr. Vincent C. AldUm.1e, P.E.
October 19.. 1995
Page 2.
....
Avenue, yoU may want to giva COIU1derat:1On. to locatirtg this booster pump St1.t:ian in
l'M Sioutheast comer of Flamingo P~k diI'ectly across 11th Street from Pump Station
No.1. This location would have little impaa on the park, which ha.s an areA of
about 38 acres, in that the pump station would require no more than a 100 by 200-
foot parc:e1, less than one:-half acre.
This location has 5e'Veral advantages over the Jeffersou Avenue property. One, it i<;
within 600 feet of the northern end of the 54-inclt leoninal force main. Two,
diversion of Pump StatiOn No. 31 to the booster pump station would be
uncomplU;ated and inexpensive thtougll use of the existing 24-inch force main
between 3rd Street and 11th Street. And third, a new Pump Station No.1 may be
incorporated in the design of the bOO8t2r pump station at a. coSl not anticipated to be
appreciably more than the cost to renovate the existing station. The existing pump
station ~ould then be demolished allowing complete 'USf: of that property by the fire
departmenL In addition, combining these two stations would not increase the
number of .facilities in the 8}'8tem.
,...."
Enclosed is a sketch of the modified force main system as it reLa~es to the Jeffet:lon
Avenue property. We will be pleased to lurth.er dis~s trui evaluation with you
and your staff at your convenience.
Very truly you~,
RCM/ph
File; 9381-Q10-PM
'.
CAMP DRESSER &. McKEE IN'e.
pIloO'J
".....
COLlE ApPRAISAL COMPANY
AJPPRAlIS:EJRS ANllJl COUNSElLORS
C..\.lRlLTON 'W: COlLE. ~[All. CRE. CCIM
CERTIFWATION No. 0000201
October 26, 1999
217 PARK PLACE n
1~01 VENERA AVENUE
CORAL GABLES. FLORIDA 33146
(305) 667-1710
STATE CERTIFU;:n GENERAL AI>>PK..USER
Mr. Jose Damien
Asset Manager
Office of Asset Management
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Re: 1749 Jefferson Avenue. Miami Beach. Florida (Our File #6864)
Dear Mr. Damien:
At your request, we have made a personal inspection, investigation, and analysis of
the vacant lot owned by the City of Miami Beach at 1749 J efferson Avenue, Miami
Beach, Florida, and legally described as follows:
Lot 13, Block 21, GOLF COURSE SUBDIVISION AMENDED PLAT,
according to the plat thereof recorded in Plat Book 6 at Page 26 of the
Public Records of Miami-Dade County, Florida. -
[Folio 02-3234-007-0340.]
In our opinion, the market value of the property owned in fee simple, subject to the
purpose of appraisal, definitions, assumptions and limiting conditions, provisions of
our Certificate of Appraisal, and the like contained in the attached appraisal report
of 56 pages, which must remain attached to this letter in order for the value opinions
set forth to be considered valid, as of October 1, 1999, was
Estimated Value Without Regard to Restrictions on Use
Estimated Value Considering Restrictions on Use
$180,000.00
$90,000.00
If you have further questions, please let us know.
Yours sincerely,
COLE ApPRAISAL COMPANY
c~ 1\). &L
Carlton W. Cole, MAl, eRE
Att&dunent 6>
1749 JEFFERSON A VENUE, MIAMI BEACH, FLORIDA (FILE No. 6864)
SUMMARY. ANALYSIS. AND CONCLUSION
We have described and analyzed nine sales in the immediate area of the subject
property. The sales are summarized in the following table:
No. DATE PRICE ATTRIB. TO ATTRIB. TO LAND $PEIl AVC!%......
.. ",.
IMPS. LAND AS IF AREA SQ. FT.
VACANT (S.F.)
I 8/97 $175,000 $25.000 $150,000 7,500 $20 106%
2 2/97 $265,000 $80.000 $185.000 7,500 $25 78%
3 6/99 $424,000 $240,000 $184,000 7,500 $25 70%
4 6/99 $210,000 $90,000 $120,000 8,000 $15 109%
5 5/99 $190,000 $80,000 $110,000 8,000 $14 120%
6 1/99 $317,700 $120,000 $197,700 8,000 $25 82%
7 4/98 $112,500 0 $112,500 8,000 $:2:2 102 %
8 1/98 $205,000 $30,000 $175,000 7,500 $23 88%
9 4/98 $228,000 $50,000 $178,000 8,000 $22 91 %
SP 10/99 0 9,750
All the sales and the subject property were in the small neighborhood bounded by
17th Street on the south, Collins Canal on the north, the east side of Jefferson
Avenue on the east, and the west side of Lenox Avenue on the west. All took place
in 1997, 1998, or 1999.
The sales indicated a range for land of $14 to $25 per square foot. Sales 4 and 5,
which involved the same seller and same buyer, are inconsistent with the other sales.
If we delete these two sales from the summary, we have the following:
[45)
1749 JEFFERSON AVENUE, MIAMI BEACH, FLORIDA (FILE No. 6864)
No. DATE PRICE ATTRIB. TO ATTRIB. TO LAND $ PER AV~
IMPS. LAND AS IF AREA SQ. FT.
VACANT (S.F.)
1 8/97 $175,000 $25,000 $150,000 7,500 $20 106%
2 2/97 $265,000 $80,000 $185,000 7,500 $25 78%
3 6/99 $424,000 $240,000 $184,000 7,500 $25 70%
6 1199 $317,700 $120,000 $197,700 8,000 $25 82%
7 4/98 $172,500 0 $172,500 8,000 $22 102%
8 1198 $205,000 $30,000 $175,000 7,500 $23 88%
9 4/98 $228,000 $50,000 $178,000 8,000 $22 91 %
SP 10/99 0 9,750
These sales indicated a range for land of $20 to $25 per square foot and an average
of about $23 per square foot.
Most of the sales required adjustment for the value contribution of improvements on
the property. Since the estimated value contribution of improvements introduces
uncertainty into the price paid for land, we tend to rely more on sales which required
little or no adjustment, Sales I, 7, 8, and 9. If we delete the other sales from the
summary, we have the following:
No. DATE PRICE ATTRIB. TO ATTRIB. TO LAND $ PER AV%
IMPS. LAND AS IF AREA SQ. FT.
VACANT (S.F.)
I 8/97 $175,000 $25,000 $150,000 7,500 $20 106%
7 4/98 $172,500 0 $172,500 8,000 $22 102%
8 \198 $205,000 $30,000 $175,000 7,500 $23 88%
9 4/98 $228,000 $50,000 $178,000 8,000 $22 91 %
SP 10/99 0 9,750
These sales indicated a range for land of $20 to $23 per square foot and an average
of about $22 per square foot, the same indicated for Sale 7, the site most closely
resembl i ng a vacant site.
The subject property is larger than any of the sale properties, but each sale property
and the subject property comprises a single building site. For this reason, it is
reasonable that a lower basis, but higher absolute amount, would be appropriate for
the subject property. An amount of $180,000 for the subject site would be higher
than amounts indicated for land of the most comparable sale properties, and would
imply a basis of about $18 per square foot.
146]
1749 JEFFERSON A VENUE, MIAMI BEACH, FLORIDA (FILE No. 6864)
The 1999 assessed value for the property amounts to $214,500 or $22 per square
foot, the same basis used by the Property Appraiser for other sites in the area which
are smaller. That amount, divided by the estimated $180,000, indicates an assessed
value ratio of 119 percent, above the range of assessed value ratios indicated by sales
of comparable properties. This discrepancy does not appear meaningful, however,
because the same basis for assessed values was applied to all similar sites in the area,
regardless of size.
Based on the above data and reasoning, it appears that $180,000 reasonably
represents the market value of the property without regard to special restrictions on
use.
A second purpose of this appraisal is to estimate the value of the property after
considering these restrictions. The deed restrictions are described elsewhere in this
report, but should be discussed in their relation to use of the subject property:
Deed restrictions include the following:
"1. The construction or erection of buildings on the real estate herein
conveyed is I imited to such buildings or additions as are or may
become necessary for the further completion of the city water system."
Since the property is zoned for single family residential use and no longer needed for
the city water system, this restriction would evidently prohibit construction of a
building on the site.
"2. Any building or addition which may be erected under clause one
above must be of stone, stucco, concrete, vitrified tile or blocks, with
tile or shingle roof, so finished as to match the present buildings. No
temporary sheds or any character shall be erected or placed on the
property.
We assume that this restriction does not apply, since the first restriction would
appear to prohibit all buildings.
"3. The above described property shalI never be sold, leased or rented
in any form or manner, by any title, either legal or equitable, to any
person or persons other than of the Caucasian Race, nor to any firm or
corporation of which any person or persons other than of the Caucasian
Race shall be a member or stockholder.
We assume that this restriction does not apply, because it would be illegal.
"4. No spirituous, vinous, malt or other intoxicating liquors shall ever
be manufactured, sold or bartered upon said real estate.
This would not affect value, because the property is zoned for single family
residential use.
[47]
1749 JEFFERSON AVENUE, MIAMI BEACH, FLORIDA (FILE No. 6864)
"5. The real estate herein conveyed shall not at any time be
subdivided; but this restriction shall not prevent the Grantee from
conveying any part of the said real estate herin conveyed to the owner
or owners of lots adjoining the real estate hereby conveyed.
This restriction would not affect value, because the subject property is not large
enough to be subdivided under the zoning restrictions.
"6. The provisions, limitations and restrictions of this instrument shall
not be construed so as to prevent or limit the Grantee from keeping or
maintaining on the real estate hereby conveyed, such employees, or
servants as may be required for operation of the plant.
This restriction would not affect value, because the property IS zoned for single
family residential use.
"7. One of the express considerations of this conveyance is that the
Grantee herein agrees to allow the use of such water without cost to
the Grantor herein, as is necessarily used on the following fields and
tracts: The Miami Beach Golf Course and Club Buildings, The Miami
Beach Polo Grounds, Club House and Stables, The Flamingo Golf
Course and Club Buildings, for a period of twenty years from the date
hereof, and until said fields are abandoned, or their present use
discontinued.
This would not apply, because the 20 year period has long since passed.
"... Violation in whole or in part of any of the within I imitations and
restrictions by the Grantee or its successors or assigns, or by the
owner or owners of the real estate herein conveyed by virtue of any
judicial proceedings, shall cause the said above described and conveyed
real estate to immediately revert to the Grantor, its successors or
assigns, and shall entitle the Grantor, its successors or assigns, to
immediately enter upon said property without notice, and take
possession of the same, with full title, in fee simple, together with all
improvements thereon."
The proposed declaration of restrictive covenants includes the following language:
"2. Building Restrictions. Notwithstanding anything to the contrary
in the City Code, the Owner shall be allowed to develop the Property
in accordance with the requirements of Sections 142.101 through
142.104 and 142.901 through 142.905 of the City Code, and build such
improvements which, in the aggregate, shall contain no more than
4,200 square feet of habitable space. In all other aspects,
improvements to the Property shall comply with the zoning and
development regulations which are applicable to the Property at the
time of securing permits for the improvements."
[48J
1749 JEFFERSON AVENUE, MIAMI BEACH, FLORIDA (FILE No. 6864)
After considering the first deed restriction, which would seem to prohibit
construction of a building on the site, the effect of the above proposal is unclear.
Considering the above, it appears that the property could be sold to an adjacent
owner, to enlarge his building site, but not for construction of any building. There
are three adjacent property owners, Lot 12 to the north, Lot 14 to the south, and
Lot 7 to the east.
Lots 12 and 14 front on Jefferson Avenue and are zoned for single family residential
use. If the subject property were acquired by one of those owners, it appears that
it could be used for landscaping, swimming pool, tennis court, or other amenity that
would not be considered a "building" or "addition."
Lot 7 to the east fronts on Meridian Avenue and is zoned for multi-family residential
use. If the subject property were acquired by that owner, it appears that it might,
as a conditional use and subject to zoning board approval, be used for overflow
parking, landscaping, or some other purpose that would not be considered a
"building" or "addition."
Alternatively, it could be retained by the city and used for park purposes, so long as
no building were constructed.
The above suggests that, under the restrictions described above, the site could best
be considered excess land for an adjacent owner, to be used for any of a variety of
purposes, but not for a building. Under these circumstances, its value would be
greatly diminished. We estimate a basis about half that for a similar site
unencumbered by such restrictions. We estimated a value of $180,000 for the
property without considering the restrictions on use and this suggests about $90,000
after considering of the restrictions.
Having considered the above and other available data, we are of the opinion that the
market value of the property owned in fee simple, subject to the purpose of
appraisal, definitions, assumptions and limiting conditions, provisions of our
Certificate of Appraisal, and the like contained in this appraisal report, as of
October 1, 1999, was as follows:
Estimated Value Without Regard to Restrictions on Use
Estimated Value Considering Restrictions on Use
$180,000.00
$90,000.00
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