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96-21960 RESO RESOLUTION NO. 96-21960 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A FIRST AMENDMENT TO THE CONTRACT FOR SALE AND PURCHASE OF REAL PROPERTY, DATED DECEMBER 22, 1995, AMONG UNlOAD OF MIAMI BEACH, INC., THE NORTH BEACH INVESTMENT GROUP, INC., KENT HARRISON ROBBINS AND THE CITY OF MIAMI BEACH, FOR THE PROPERTY LOCATED AT 1701 NORMANDY DRIVE, TO BE UTILIZED AS THE SITE FOR THE RELOCATION OF THE CORAL ROCK HOUSE, FOR USE AS A PERMANENT HISPANIC COMMUNITY CENTER; SAID AMENDMENT MODIFYING CONDITIONS OF THE CONTRACT AND EXTENDING THE TIME TO RELOCATE THE CORAL ROCK HOUSE TO AUGUST 20, 1996. WHEREAS, pursuant to Resolution No. 95-21783, dated October 11, 1995, the City executed a Seventh Amendment to that certain Agreement between the City of Miami Beach and Kent Harrison Robbins, dated December 14, 1994, for the relocation of the coral rock house currently located at 7644 Collins Avenue (House); and WHEREAS, the Resolution authorized the Mayor and City Clerk, subject to final review by the City Attorney's Office, to execute a Contract for Sale and Purchase of Real Property located at 1701 Normandy Drive, to be utilized as the site for the relocation of the House and for use as a permanent Hispanic Community Center; and WHEREAS, on December 22, 1995, the City executed a Contract for Sale and Purchase of Real Property (Contract) with UNlOAD of Miami Beach, Inc. (Buyer), The North Beach Investment Group, Inc. (Seller) and Kent Harrison Robbins (Owner of the House) to facilitate the preservation of the House and create a permanent Hispanic Community Center in Miami Beach; and WHEREAS, pursuant to the Contract, the relocation of the House was due to be completed no later than ninety (90) days after the date of commencement of relocation procedures, which began on January 17, 1996; and WHEREAS, due to circumstances beydnd the Owner's control, including a request by the Florida Department of Transportation that twelve (12) issues be resolved before the State of Florida approves the issuance of a special permit to relocate the House, the relocation has been delayed; and WHEREAS, the successful relocation of the House will preserve one of the last remaining coral rock houses in the City and the House is proposed to be used as a permanent Hispanic Community Center. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Clerk are authorized to execute the attached First Amendment to the Contract for Sale and Purchase of Real Property, dated December 22, 1995, pertaining to the property located at 1701 Normandy Drive, to be utilized as the site for the relocation of the House, for use as a permanent Hispanic Community Center, modifying certain conditions of the Contract and extending the time for relocation of the House to August 20, 1996. PASSED and ADOPTED this 17th day of ,/J / I April ,1996. A TIEST: Ro~tf~R~ FORf\r; APPRO'/r::D LEGAL 0 EPT By.1# fYlltJk- Date ? -~S-'}h ----.- . DDHP\\COMMEMO\CORALRH.RES CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. J Rh -~ ~ TO: Mayor Seymour Gelber and Members of the City Commission DATE: April 17, 1996 FROM: Jose Garcia-Pedrosa City Manager SUBJECT: A RESOLUTION OF HE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, UTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A FIRST AMENDMENT TO THE CONTRACT FOR SALE AND PURCHASE OF REAL PROPERTY, DATED DECEMBER 22, 1995, AMONG UNlOAD OF MIAMI BEACH, INC., THE NORTH BEACH INVESTMENT GROUP, INC., KENT HARRISON ROBBINS AND THE CITY OF MIAMI BEACH, FOR THE PROPERTY LOCATED AT 1701 NORMANDY DRIVE, TO BE UTILIZED AS THE SITE FOR THE RELOCATION OF THE CORAL ROCK HOUSE, FOR USE AS A PERMANENT HISPANIC COMMUNITY CENTER; SAID AMENDMENT MODIFYING CONDITIONS OF THE CONTRACT AND EXTENDING THE TIME TO RELOCATE THE CORAL ROCK HOUSE TO AUGUST 20,1996. ADMINISTRATION RECOMMENDATION: It is recommended that the Mayor and City Commission adopt the attached Resolution authorizing the Mayor and City Clerk to execute an Amendment to that certain Contract for Purchase and Sale of Real Property, dated December 22, 1995, among UNIDAD of Miami Beach, Inc., The North Beach Investment Group, Inc., Kent Harrison Robbins and the City of Miami Beach. This Amendment authorizes the modification of certain conditions of the Contract and an extension of time to August 20, 1996 to complete the relocation of the Coral Rock House to 1701 Normandy Drive, Miami Beach. BACKGROUND: In order to facilitate the preservation of one of the last remaining coral rock houses in Miami Beach, on December 14, 1994, the City entered into an Agreement with Kent Harrison Robbins for the relocation of the Coral Rock House located at 7644 Collins Avenue. At the October 11, 1995 City Commission Meeting, the City Commission approved Resolution 95-21783, authorizing the execution of a Seventh Amendment to the Agreement between the City and Mr. Robbins, and authorizing the Mayor and City Clerk, subject to final review by the City Attorney's Office, to execute a Contract for Sale and Purchase of Real Property located at 1701 Normandy Drive, to be utilized as the site for the relocation of the Coral Rock House, for use as a permanent Hispanic Community Center. On December 22, 1995, the City of Miami Beach executed a Contract for Sale and Purchase of Real Property located at 1701 Normandy Drive, with UNIDAD of Miami Beach, Inc., The North Beach Investment Group, Inc. and Kent Harrison Robbins to facilitate the preservation of the House while creating a permanent Hispanic Community Center in Miami Beach. Relocation procedures commenced on January 17, 1996 with the excavation of the existing foundation. Pursuantto the Contract, the relocation of the House is to be completed no later than ninety (90) days after the date of commencement of relocation procedures. The Contract also AGENDA ITEM f\1f ~[J~ DATE COMMISSION MEMO APRIL 2, 1996 stipulates that this time can be extended by the mutual agreement of the parties. ANALYSIS: The Florida Department of Transportation has identified twelve (12) issues for which additional information is necessary in order to evaluate approval of a special permit to relocate the House. The issues include: Weight ofthe Structure, Maintenance of Traffic, Turn Capability at the Intersection of Collins Avenue and Normandy Drive, Temporary Removal and Replacement of Overhead Obstacles, Tree Canopies, Underground Utilities, Wind Factors, On Street Parking, In the Event of an Accident, Public Information and Schedule of Movement, Current Construction and Action Plan for Removal of Other Items. Complying with this request for additional information has caused the project to fall behind schedule. In view of this unforeseen delay, UNlOAD of Miami Beach, Inc.,The North Beach Investment Group, Inc. and Kent Harrison Robbins have agreed to amend the Contract for Sale and Purchase of Real Property, dated December 22, 1995, for the property located at 1701 Normandy Drive. The amendment modifies certain conditions of the contract and extends the time to relocate the House as follows: . The parties stipulate and agree that relocation procedures for the Coral Rock House commenced on January 17, 1996. . The parties agree that the required completion date for the placement of the structure on the new foundation on Normandy Drive will be extended through and until August 20, 1996. . The parties agree that UNlOAD of Miami Beach, Inc. shall attempt to secure additional funds in order to cover unfunded relbcation expenses. . UNlOAD of Miami Beach, Inc. has provided to The North Beach Investment Group, Inc. the new foundation plans under the direction of Todd Tragash, architect. . The North Beach Investment Group, Inc. has agreed to provide an interest-free loan to UNlOAD of Miami Beach, Inc. in order to cover site preparation expenses. . UNlOAD of Miami Beach, Inc. has obtained a $35,000 grant from the State Bureau of Historic Preservation to fund part of the contingency fund for remedial work. . UNlOAD of Miami Beach, Inc. has agreed to seek additional funds in order to cover the unfunded portion of the $50,000 contingency fund required. CONCLUSION: The successful relocation of tle Coral Rock House to 1701 Normandy Drive will preserve of one of the last remaining coral rock houses.in Miami Beach and serve as a permanent Hispanic Community Center. The Administration recommends modification of certain conditions of the Contract and an extension of time to August 20, 1996 to complete the relocation of the Coral Rock House. The administration recommends that the Mayor and City Commission adopt the attached Resolution authorizing the Mayor and City Clerk to execute the Amendment to that certain Contract for Sale and Purchase COMMISSION MEMO APRIL 2, 1996 of Real Property, dated December 22, 1995, among UNlOAD of Miami Beach, Inc., The North Beach Investment Group, Inc., Kent Harrison Robbins and the City of Miami Beach, for the property located at 1701 Normandy Drive, to be utilized as the site of for the relocation of the Coral Rock House, for use as a permanent Hispanic Community Center. JG-P~TP.t.lOC DOHP\\\COMMEMO\CORALRH.MEM FIRST AMENDENT TO FIRST REVISED CONTRACT FOR SALE AND PURCHASE OF REAL PROPERTY This is an amendment to the First Revised Contract for Sale and Purchase of Real Property, dated December 22, 1995, (hereinafter referred to as "First Revised Contract") between North Beach Investment Group, Inc., a Florida corporation (hereinafter referred to as "NBIG"), UNIDAD of Miami Beach, Inc. a Florida non-profit corporation (hereinafter referred to as "UNIDAD") and Kent Harrison Robbins, a single man (hereinafter referred to as "Robbins"). The City of Miami Beach, a Florida municipal corporation (hereinafter referred to as "City") joins this amendment and contract for the specific purpose stated herein. WHEREAS, certain conditions to closing stipulated in the First Revised Contract for Sale and Purchase of Real Property have been satisfied; WHEREAS, certain other events have occurred which have either eliminated or otherwise modified certain other conditions of the First Revised Contract for Sale and Purchase; and WHEREAS, the parties wish to give greater certainty to contemplated transaction and further define the relationship between them, therefore, it is understood and agreed between the parties as follows: 1. Numbered paragraph 1 of the First Revised Contract is deleted, this condition having been satisfied. 2. Numbered paragraph 2 of the First Revised Contract has been satisfied as follows: a) The permit for demolition of the coral rock house has been extended through and until August 28, 1996 by the City. b) The City and Robbins have entered into a Seventh Amendment to the Relocation Agreement, dated October 25, 1995, permitting the relocation of the Coral Rock House to 1701 Normandy Drive for the use of UNIDAD, for the substitution of the Normandy drive address in the Relocation Agreement, and for the ratification of the First Revised Contract for Sale and Purchase. c) The State Historic Preservation Office did on November 22, 1995 issue its statement of "no objection" to this transaction. 3. Numbered paragraph 3 of the First Revised Contract is modified as follows: a) The parties stipulate and agree that on January 17, 1996, NBIG commenced relocation procedures for the Coral Rock House by excavating the existing foundation. b) The parties further agree that the completion date for the placement of the structure on the new foundation on Normandy Drive will be extended through and until August 20, 1996. c) The parties further agree that UNIDAD shall attempt to secure additional funds in order to cover unfunded relocation expenses. 4. Numbered paragraph 4 of the First Revised Contract is modified as follows: a) UNIDAD has provided to NBIG the new foundation plans under the direction of architect, Todd Tragash, which plans are subject to modification upon further inspection of the existng structure. b) The parties stipulate and agree that UNIDAD has not been able to secure funds to pay for all site preparation expenses. NBIG has agreed to provide an interest free - 2 - loan to UNIDAD in order to cover these expenses, to be repaid from grants, other than community development block grants, or private donations obtained solely for this purpose. 5. Numbered paragraph 9 of the First Revised Contract is amended to require completion of the relocation of the coral rock house by August 20, 1996. 6. Numbered paragraph 17 of the First Revised Contract is amended as follows: a) UNIDAD has obtained a $35,000 grant from the State Bureau of Historic Preservation to fund part of the contingency fund for remedial work required by this paragraph of the First Revised Contract. b) UNIDAD has agreed to seek additional funds in order to cover the unfunded portion of the $50,000 contingency fund required by this paragraph. DATED this 22nd day of April, 1996 by the last signatory. NORTH BEACH INVESTMENT GROUP, INC. By ~LtlL UNIDAD OF MIAMI BEACH, INe. Kent Harrison Robbins President By (i~ Lfi?, Victor M. Diaz, Jr. President By ( . \) U 'e)~;~' Socrates Alvarez Vi e President i ~~~ - 3 - FORM APPROVI:.u LEG}L... D E. ~ >>-1/1 //l! I!u~~ By __ ... 5 -~ )- 5 -15 L}:::lC: __ BY~ Clerk, City of Miami Beach ROI. ft.T .. AAe H I'll.