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HA[i~VEY RUg'IN, CLF. RI':. OF {:OUtg. T
This Document Prepared By and Return to: ~[].' AIII'"C'f:~I)E gl)UN'FY r FI.0RI I)A
Joel N. M&nsker, ~-sq. of
Bloom & M~nsker, P.L.
1110 Brickell Avenue, Suite 700
Miami, FL 33131-3107
Parcel ID N. mber: 02-3203-000-0040
Special Warranty Deed
This Indenture, Made this 4th day of April , 2005 A.D., Between
City of Miami Beach, a Florida municipal corporation
State of Florida ~ grantor, and
of the County of Miami-Dade ,
2620 Biarritz Drive, LLC, a Florida limited liability company
whine ~admss is: 999 Washington Avenue, Miami Beach, FL 33139
of the County of Miami-Dade , State of Florida , grantee.
Witnesseth that thc GRANTOR, for and in consideration of the sum of
..... TEN DOLLARS ($10) DOLLARS.
and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, /he receipt whereof is hereby acknowledged, haz
granted, barga/ned and sold to thc said GRANTEE and GRANTEES heirs, successors and n.~igm forever, the following de. scribed land, situate,
lying and being in the County of Miami-Dade State of Florida towit:
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN,
This conveyance is made subject to the following:
1. Taxes and assessments for the year 2005 and subsequent years; and
2. Conditions, restrictions, limitations, easements, reservations,
assignments and instruments of record, but this provision shall not
operate to reimpose same; and
3. Zoning, building, and all other governmental regulations.
Together with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.PI~%~L
To Have and to Hold, /he sine in tee simple forever.
And ~ grantor hereby covenants with said grantee that grantor is [awfully seized of said I~xl in fee simple; that grantor has
good right and lawful aulhority to sell and convey said land; that grantor hereby fully warrants the title to said land and will
defend the same against the lawful claims of all persons claiming by, through or under grantor.
Las~-C~at~db~Di~laySy$1~m~,lnc~, 2003 (863)763-5Sfi5 FomlFLSWD-I
Special Warranty Deed-P.g,
Parcel ID Number: 02 -3203-000-0040
In Witness Whereof, thc S~antor has hereunto s~t ia ~nd a~ s~,~e , ~ fi~t a~vc wri~en
Signed, sealed and delivered in our pr~ence: ~it~ ~/~i Beach, a Florida
Wi tries s VP.o. Address: 17~ Convention Center Drive, Miami B~ch, FL 33139
Wi tries s ' P,O. Addr=~: 1700 Conv~nhon Ce.~er Drive, ~ami Beach, FL
(Corporate SeaL)
STATE OF Florida
COUNTY OF ~i~Dade
~e forgoing instmm~t ~ a~owl~ged . .met' ~~ day of April ,2005
David O.~.:, Mayor and~_.,~r~%t, .___..__., ____..o'--~ of City of Mi~i Beach, a
Florida municipal corporation on behalf of the corporation
w~ ~e pera0,ally k~ ~ me or w~ ~ve pr~u~ ~eir Florida driver ' s license ~ idenaficati0~
Prifi~ed ~~1~ ~. ~/~0
Notary Public
My Comm~sion ~p~r~: ........................
..........' ~I~U. MERINO
!1~% My ~MMISSlON. DD2~15
APPROVED A8 TO
FORM & LANGUAGE
A FOR EXEGUTION
C~]~CT L~er Gmerated by 0 Display Systems. Inc., 2003 (863) 763-~555 Form FI3V/D-I
EXHIBIT A
LEGAL DESCRIPTION
Commence at the northwest corner of ~roct 46A, NORMANDY' GOLF COURSE
SUBDIVISION. occording, to the plot. thereof, recorded in F~l.o..t Book 44, et Pegs
62, Public Records of Mlomi~-Dode County, Florida. Sold point' oleo known', es
the northwest corner cf Lot. t8. SUBDIVISION OF' 'TRACT ~6-A'OF NORMANDY
GOLF COURSE .SUBDIVISION, recorded in Plot Book $,5, et Po~e 9,5. Public
' Records of' btiomi-D(]de'Count.y.. Florido; thence, from the northerly line of ecld
Troct..46A. deflecting",79' ~6' 54",to the left. to the tongent of o circulor cur~e
concove to I;he southeost, having o control on(jle Of 12' 52' 32" end o rodiue
of'2225.00 feet end run olong l:he otc of soid curve for a dlstonce of 500.00'
feet to the POINT OF BEGINNING of the troct of lend herein described, S~[d
point being the southwest corner of Lot-'1. Block 6,5. NOEMANDY GOLF COURSE
SUBDIVISION,. recorde~! in Plot 8ook 44. et Po§e 62, Public Records o~'
Mlornt-Dode County, Florido; th~ce North 76' 50~' 00' Eost. olong the" south
..line of sold Lot 1 for o dtstonce of 182.99 feet to the southeost corner of
~soid Lot 1; thence South 2.4' 39' 44' Wesf. olon(,l~the southerly extension of
;the cost llne of.sold lot 1 for. o distcnce .of-79.~,7 feet to o point of
- 'tengenc)r,. thence run elong the orc of o curve co~co~e to. the southeosto
hovlng o control ongle of 5° :12'. 5~," end e rodlua of 544.71 feet for o
disto~ce of ,~0.5! feet; thence South' ~5' 12' 32" West' for o d[stonce of 152, il
feet; thenCe olong the orc of e curve concoYe to [he southeost, whose rodius
beers South 7,5' 5g' ¢§" Eost boring o control engle el= 01' 52' 25" end e
rodius of 222,5.00 feet for o distonce of 72,75 feet to the POINT OF
BEGINNING. Sold lends Ioceted, lying end bein9 i~ the City of M[oml Beech.
~'l~li~mi-Dode Cbunty. Flortde.
RESOLUTION NO. 200.5-25829
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING THE SALE OF THE CITY-
OWNED WATERFRONT PROPERTY, LOCATED AT 2620 BIARRITZ
· DRIVE, MIAMI BEACH, FLORIDA, TO SHELDON MARGULES, AS THE
HIGHEST BIDDER PURSUANT TO THE AUCTION OF THE PROPERTY
HELD ON FEBRUARY 18, 2005; AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE THE PRIMARY REAL ESTATE SALES CONTRACT
BY AND BETWEEN THE CITY AND MR. MARGULES, FOR THE
PURCHASE PRICE OF $1,942,500 ($1,850,000 HIGH BID, PLUS THE 5%
BUYER'S PREMIUM OF $92,500); AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE THE BACK-UP REAL ESTATE SALES CONTRACT
BY AND BETWEEN THE CITY AND TONY ROMEO, THE SECOND
HIGHEST BIDDER, FOR THE PURCHASE PRICE OF $1,916,250
($1,825,000 2ND HIGHEST BID, PLUS THE 5% BUYER'S PREMIUM OF
$91,250); FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY TO CLOSE
EITHER THE PRIMARY TRANSACTION, WITH MR. MARGULES, OR THE
BACK-UP TRANSACTION WITH MR. ROMEO, THE SECOND HIGHEST
BIDDER, SHOULD THE. CLOSING OF THE SALE WITH THE HIGH
BIDDER ON THE PRIMARY TRANSACTION NOT BE CONSUMATED;
PROVIDED FURTHER THAT THE PROCEEDS FROM THE SALE OF THE
AFORESTATED PROPERTY BE UTILIZED FOR THE CITY'S
RENOVATION OF THE NORMANDY SHORES GOLF COURSE,
PURSUANT TO THE MARCH 9, 2004 SPECIAL ELECTION BALLOT
QUESTION NO. 7, ENTITLED, "SALE OF 2620 BIARRITZ DRIVE"
WHEREAS, on December 10, 2003, the Mayor and City Commission adopted
Resolution No. 2003-25440, approving the submission of a ballot question to the
electorate, asking whether the City-owned property at 2620 Biarritz Drive (the wPreperty")
should be sold and the proceeds applied to the renovation of the Normandy Shores Golf
Course; and
WHEREAS, on March 9, 2004, during Miami-Dade County's Presidential Preference
Primary Elections ballot, the voters of the City of Miami Beach were presented with seven
City ballot questions, including Ballot Question No. 7 entitled, 'fSale of 2620 Biarritz Drive",
which read:
"Shall the' City of Miami Beach sell waterfront property located at 2620
Biarritz Drive in Miami Beach, Flodda (survey and legal description of
property on file in City's Public Works Department), with the sale proceeds to
be utilized for the City's renovation of the Normandy Shores Golf Course?";
and
WHEREAS, the matter was approved by a majority of the voters; and
WHEREAS, the most recent appraisal, as updated, prepared by Integra Realty
Resources determined the market value of the Property at $1,025,000, as of January 2005;
and
WHEREAS, after recommendation from the Finance and Citywide Projects
Committee, the Mayor and City Commission, at its June 9, 2004 meeting, authorized the
issuance of a Request for Proposals (RFP)to procure the services of an auctioneer to sell
the Property to the highest bidder; and
WHEREAS, pursuant to RFP No. 30-03/04 and, after a selection/evaluation
committee process, on October 13, 2004, the Mayor and City Commission directed the
Administration to enter into negotiations with the top-ranked firm of Fisher Auction Co. Inc.,
which were successfully concluded; and
WHEREAS, the Property was offered for sale, "As Is" and "Where Is", at auction, on
February 18, 2005 at 3:00 P.M. at; and
WHEREAS, Fisher Auction Company reported that there were 43 registered bidders
at the time of the auction; and
WHEREAS, a high bid price of $1,850,000 (plus a 5% Buyer's Premium of $92,500),
was proffered by Sheldon Margules, through his registered broker; and
WHEREAS, the next highest bidder, Tony Romeo, through his registered broker,
proffered a bid price of $1,825,000 (plus a 5% Buyer's Premium of $91,250); and
WHEREAS, a Primary Real Estate Sales Contract was executed on behalf of
Sheldon Margules, through a power of attorney, by his registered broker, and a Back-Up
Real Estate Sales Contract was executed on behalf of Tony Romeo, through a power or
attorney by his registered broker; and
WHEREAS, both the Primary and Back-up Real Estate Sales Contracts require
approval by the Mayor and City Commission and execution by the Mayor and City Clerk;
and
WHEREAS, the City Administration recommends approval and execution of the
attached Primary Contract, as well as the attached Back-Up Contract, in the event the
Primary. Contract does not close; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve the sale of the City-owned property, located at 2620 Biarritz
Ddve, Miami Beach, Florida, to Sheldon Margules, as the highest bidder pursuant to the
auction of the Property held on February 18, 2005; authorize the Mayor and City Clerk to
execute the attached Primary Real Estate Sales Contract by and between the City and Mr.
Margules, for the purchase price of $1,942,500 ($1,850,000 high bid, plus the 5% buyer's
premium of $92,500); authorize the Mayor and City Clerk to execute the Back-Up Real
Estate Sales Contract by and between the City and Tony R.omeo, the second highest
bidder, for the purchase price of $1,916,250 ($1,825,000 2na highest bid, plus the 5%
buyer's premium of $91,250); further authorize the Mayor and City Clerk to execute any
and all other documents necessary to close either the primary transaction, with Mr.
LAST PAGE
Margules, or the back-up transaction with Mr. Romeo, the second highest bidder, should
the closing of the sale with the high bidder on the pdmary transaction not be
consummated; and provide further that the proceeds from the sale of the aforestated
Property be utilized for the City's renovation of the Normandy Shores Golf Course,
pursuant to the March 9, 2004 Special Election Ballot Question No. 7, entitled, "Sale of
2620 Biarritz Drive".
PASSED and ADOPTED this 23rd day of February, 2005.
ATTEST: ~
CITY CLERK MAYOR
JMG\CMC\JD\dr
F:~DDH P~ALUJ~S SET~62~BiarrilzDrtve~620SaleApprovalRES.DOC
APPROVED AS TO
FORM & LANGUAGE
& FO~XEGUTtON
STATE OF FLORIDA
COUNTY OF DADE:
I, ROBERT PARCHER, City Clerk of City of
Miami Beach, Florida, do hereby certify that
the above and foregoing is a true and correct
copy of the original thereof on file in this
office.
WITNESS my hand and the seal of said City
thisi ~ ~//[~lay of~h4~'#A.D. 20~5'
ROBERT PARCHER
_LClty Clerk of,tl~e City of Miami E~ach, Florida
ey~ ~