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11South Miami NFAmefica ft CITY OF SOUTH MIAMI 11111.1 OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 1001 To: The Honorable Mayor Stoddard and Members of the City Commission Via: Hector Mirabile, Ph.D., City Manager From: Thomas J. Vageline, Director r Planning and Zoning Departmen Date: October 19, 2010 ITEM No. Subject An Ordinance of the Mayor and City Commission of the City of South Miami Florida, amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use category from Single- Family Residential (Two - Story) to Parks and Open Space for the property identified as Van Smith Park located at 7800 SW 59 Avenue (Folio No. 09- 4036- 039 -0020 and Folio No. 09 -4036- 039- 0025); providing for severability; providing for ordinances in conflict; and providing an effective date. SUMMARY OF REQUEST The subject application PB -10 -014 for a Comprehensive Plan Future Land Use Map amendment is being initiated by the City in order to carry out amendments to the FLUM which were recommended in the Evaluation and Appraisal Report which was adopted by the City Commission in 2006. The subject property has a current Future Land Use Map designation of Single Family Residential (Two- Story). The property now owned by the City will become a passive park with preservation of the natural habitat. The appropriate Future Land Use Map Category will be Parks and Open Space. COMPREHENSIVE PLAN AMENDMENT: GENERAL INFORMATION A change in the Comprehensive Plan Future Land Use Map can be initiated by a property owner, the Local Planning Agency and the City Commission. An amendment to the City's Comprehensive Plan Document or the Future Land Use Map requires the adoption of an ordinance by the City Commission after receiving a recommendation from the City's Local Planning Agency (Planning Board). Following adoption of the application by the City Commission, (second reading of the ordinance) the application package is then submitted to the Florida Department of Community Affairs (DCA). This amendment qualifies as a small -scale amendment and therefore DCA will not review or comment upon the application unless a compliance protest is filed within a specified time period. The review process for a Comprehensive Plan Future Land Use Map amendment differs from the process used to review zoning district changes, variances, and site plans. A future land use map amendment review is concerned with the following basic issues: 1 1) compatibility of the proposed use with surrounding uses; 2) compatibility of the proposed density and height to the limits contained in the Plan and to the immediate neighborhood; 3) impact of the proposed use on the City's infrastructure; and 4) is the amendment compatible with and does it advance the City's objectives and policies contained in the Comprehensive Plan. RECENT HISTORY OF THE SITE The City purchased the east one third of the property at 7800 SW 59 Avenue in 2003 for the purpose of preserving the natural habitat. The purchase was expanded in 2005 to include the remaining two thirds of the property which includes a single - family home. The surviving Van Smith brother will be allowed to live in the home for the remainder of his life, at which time that section of the site will be subject to the City making it a public park. PROPOSED AMENDMENT REVIEW The subject proposed amendment for 7800 SW 59 Avenue (Van Smith Park) was listed in the 2006 Evaluation and Appraisal Report which was adopted by Ordinance No. 01- 06 -1869 on January 5, 2006 and approved by the Florida DCA in May, 2006. The Potential Future Land Use Map Amendments Chart (pp.12 -13) indicates that Van Smith Park requires a change to the Parks and Open Space Category (see attached). SITE ANALYSIS Parcels Comprehensive Plan Existing Land Use Category Land Development Code Existing Zoning District Actual Use North Single Family Residential RS -3 Single family homes East Single Family Residential RS -3 Single family homes South Single Family Residential RS -3 Single family homes West Single Family Residential RS -3 Single family homes 1. Compatibility of Use: The property is located in the center of a single - family zoning district. The creation of a public park and the preservation of the natural habitat is a compatible land use. 2. Compatibility of Densi"eieht: The property size is 1.14 acres. The existing land use map category and the existing zoning district would allow for a total of three one or two story homes to be built if the property was re- platted and developed. The proposed future land use map category will only allow for a passive park. 3. Impact on Public Facilities: An important element of a future land use map amendment is to assess the impact of the change on the public infrastructure serving the site. For purposes of this report, presented below is a summary of the projected impact of the proposed land use map category on public facility capacity. 2 a) Park/Recreation Facilities Level of Service (LOS): City Comprehensive Plan: 4 acres per 1000 pop. A total of 1.14 acres will be added to City's recreation and open space inventory which assists the City to maintain the required Level of Service. Coneurrency Fee - None b) Schools 0 students; No impact. c) Solid Waste 0 lbs /day; No impact. d) Wastewater (Sewer) 0 gallons /per day; No impact e) Potable Water 0 gallons /per day; No impact f) Traffic /Streets 0 trips added; No impact Capacity: sufficient: insignificant traffic, no impact on surrounding roadways. 4. Compatible with Comprehensive Plan. A proposed Future Land Use Map Amendment should be compatible with and advance the goals and policies contained in the City's Comprehensive Plan. The proposed amendment is consistent with and supports the following goals and policies: LAND USE ELEMENT Goal To maintain and improve the City's neighborhoods, and the quality of life of existing and future residents. Policy 1.1.2 In reviewing proposed amendments to this plan and the Zoning Map, compatibility with adjacent uses shall be the major determinant. RECREATION AND OPEN SPACE ELEMENT GOAL 1 To ensure the availability of adequate park facilities and open space for citizens of South Miami. FUTURE REZONING The approval of the proposed Future Land Use Map amendment is a pre- requisite for a future zoning district change, which will implement the Future Land Use Category. The current zoning district of "RS -3" Low - Density Residential will need to be changed to the "PR ", Parks and Recreation Zoning District. STAFF OBSERVATIONS I. The proposed amendment is consistent with the goals and policies of the City's Comprehensive Plan. 2. The proposed amendment was recommended in the 2006 Evaluation and Appraisal Report. 3. The amendment is needed in order to accurately reflect the location of City parks on the Future Land Use Map and to maintain and protect the City's inventory of recreation and open space. 4. The land use amendment and a subsequent zoning district change will formally recognize the City's efforts and citizen participation in assuring the expansion and protection of natural habitats and green open space. 5. The impact of the proposed land use map category change will be insignificant as it pertains to public facilities including traffic, waste collection, water and sewers. PLANNING BOARD ACTION The Planning Board at its July 13, 2010 meeting, after a public hearing, voted 6 ayes I nay (Mr. Morton) to recommend approval of the proposed Comprehensive Plan Future Land Use Map (FLUM) amendment. CITY COMMISSION MEETING OF OCTOBER 5 2010 At the City Commission meeting there was discussion regarding the purchase of the park property and the status of the park relative to City ownership. There has been attached additional back -up material outlining the purchase of the park as well as the agreement associated with the park. RECOMMENDATION It is recommended that the proposed Comprehensive Plan Future Land Use Map (FLUM) amendment from the "Single Family Residential ". Land Use Map category to the "Parks and Open Space" category for 7800 SW 59 Avenue (Van Smith Park) be approved on second reading. Attachments: Draft Ordinance Location map EAR 2006 (pp. 12-13) Planning and Zoning Dept. Report 7 -13 -10 Planning Board Minutes Excerpt 7 -13 -10 Copies of Public Notices 11 Interoffice memo of 12/11/2001 Resolutions 14 -01 -11162 169 -01 -11317 27 -02 -11376 33 -02 -11382 45 -03 -11594 93 -03 -11642 104 -03 -11653 29 -04 -11808 190 -04 -11969 15 -05 -11994 27 -05 -12006 Ordinance 07 -05 -1829 TIV /SAY X9Comm ltemA2010t 10 -19 -I MComp Plan FLUMAmend Van Smith Park CM Report Revised. doc I ORDINANCE NO. 2 3 An Ordinance of the Mayor and City Commission of the City of South Miami Florida, 4 amending the Future Land Use Map of the South Miami Comprehensive Plan by changing 5 the future land use category from Single- Family Residential (Two - Story) to Parks and 6 Open Space for the property identified as Van Smith Park located at 7800 SW 59 Avenue 7 (Folio No. 09- 4036- 039 -0020 and Folio No. 09- 4036 - 039 - 0025); providing for severability; 8 providing for ordinances in conflict; and providing an effective date. 9 10 11 WHEREAS, Application PB -10 -014 is a.request for a Comprehensive Plan Future 12 Land Use Map Amendment being initiated by the City in order to amend the Future Land Use 13 Map of the South Miami Comprehensive Plan for property identified as Van Smith Park located 14 at 7800 SW 59 Avenue from the category Single Family Residential (Two - Story) to Parks and 15 Open Space; and 16 17 WHEREAS, The City of South Miami purchased the property at 7800 SW 59 Avenue 18 in 2003 and 2005 for the purpose of preserving the natural habitat; and 19 20 WHEREAS, The proposed amendment for 7800 SW 59 Avenue (Van Smith.Park) 21 was listed in the 2006 Evaluation and Appraisal Report which was adopted by Ordinance No. 01- 22 06 -1869 on January 5, 2006 and approved by the Florida DCA in May, 2006, and which 23 document sets forth a chart entitled Potential Future Land Use Map Amendments (pp.12 -13) 24 indicating that Van Smith Park requires a change to the Parks and Open Space Category; and 25 26 WHEREAS, the Planning and Zoning Department staff in a report dated July 13, 27 2010 recommended approval of the proposed amendment based upon observations that the 28 amendment is needed in order to accurately reflect the location of City parks on the Future Land 29 Use Map, the need to maintain and protect the City's inventory of recreation and open space, and 30 that the proposed amendment was recommended in the 2006 Evaluation and Appraisal Report; 31 and 32 33 WHEREAS, on July 13, 2010, after Public Hearing regarding the proposed 34 amendment, the Local Planning Agency recommended approval of the application by a vote of 35 7 ayes 0 nays; and 36 37 WHEREAS, the City Commission desires to accept the recommendation of the Local 38 Planning Agency and enact the aforesaid amendment. 39 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 42 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 43 44 Section 1. The Future Land Use Map of the South Miami Comprehensive Plan is 45 hereby amended by changing the Future Land Use Map category from Single Family Residential 46 (Two - Story) to Parks and Open Space on property identified as Van Smith Park located at 7800 47 SW 59 Avenue. 48 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18' 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Section 2. If any section, clause; sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this day of 2010 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM AND SUFFICIENCY: CITY ATTORNEY APPROVED: MAYOR I" Reading — 2nd Reading — COMMISSION VOTE: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: X:\Comm Items \2010 \7 -27 -10 \Comp Plan FLUM Amend Van Smith Park Ord.doc 2 oda'�o� 5 ,yo 6 �o 7540 7635 7575 6101 6150 7606 7615 7616 7633 7630 7641 7640 7700 T701- 7710 7720 7730 N City of South Miami PB -10 -014 Future Land Use Map Change W B Single - Family to Parks /Open space 5 . 7800 SW 59 Avenue 0 6� m � 7500 7515 7600 7621 7620 7630 7601 5950 7aia g ti 7440 j R '� N 7511 7520 7620 7621 � 5991. IS SZ 7640 M ti 5000 7420- 0 7520- w w m z 7601 7600 7621 7620 7630 7601 7600 7640 7710 7710 j 7532 7620 7628 U 7621 7620 7621 � 7630 7631 -y 5801 y0 = 7640 = 7641 m 0 7634 7701 7700 7701, 7650 7711 7711 7710 M ti 5000 7420- 0 7520- w w m z 7601 7600 7621 7620 7630 7637 7541 7640 7710 7710 6140 5801 5880 N 5836 7515 7560- 7541 7620 s 7630 6140 7532 7563 7648 7611 7621 5862 5864 7610 va 7620 s 7630 6140 7631 rn °m 7640 ^�. � i 5801 5791 7505 7500 7521 7510 7533 ° 7549 M m m v n N Y> 7720 SW 77T 7721 7714 7721 7720 0 7731 7720 7731 7740 7741 7740 BROWN 7801 7810 7801 7801 7800 7800 7821 7820 1821 7820 7821 7820 w 7901 7830 v 7861 7830 4 7831 7830 z s SW 79TH 5T 7910 M 7911 °Ji 7901 7900 va s m 6140 6110 rn °m <°n S S � y0 7851 m _ 7801 7810 7801 7801 7800 7800 7821 7820 1821 7820 7821 7820 w 7901 7830 v 7861 7830 4 7831 7830 z s SW 79TH 5T 7910 M 7911 °Ji 7901 7900 7900 7911 � 7900 h f595'7 5940 7931 7930 N 7931 N 7931 7930 :5929 5907 [HIE °� 5785 5775 5641 DA fill DAVIS DR SW BOTH ST DAVIS RD DAVIS DR va m 5800 m � 6 �o �o J ao 6001 y0 7900 7911 � 7900 h f595'7 5940 7931 7930 N 7931 N 7931 7930 :5929 5907 [HIE °� 5785 5775 5641 DA fill DAVIS DR SW BOTH ST DAVIS RD DAVIS DR 8031 {r SW 81ST ST ° 0 8100 w o 0 0 'lo' n m 8050° <o is tD 8140 tz- 0 co m m o M ' 5800 m � 6 �o �o J ao m 8031 {r SW 81ST ST ° 0 8100 w o 0 0 'lo' n m 8050° <o is tD 8140 tz- 0 co m m o M ' 5800 um Al y0 8031 {r SW 81ST ST ° 0 8100 w o 0 0 'lo' n m 8050° <o is tD 8140 tz- 0 co m m o W 81ST ST 5780 5760 5781 5761 SW 82ND ST 8201 6100 8200 8201 5990 5980 5960 5940 5016 5908 5900 5890 5870 5850 5630 5190 5770 5960 GIS data by Miami -Uade County, 312010. Madelfevlsed by City of South MWm(Enginaedng 8 ConstrucGOn, 6 2010, m W 81ST ST 5780 5760 5781 5761 SW 82ND ST 8201 6100 8200 8201 5990 5980 5960 5940 5016 5908 5900 5890 5870 5850 5630 5190 5770 5960 GIS data by Miami -Uade County, 312010. Madelfevlsed by City of South MWm(Enginaedng 8 ConstrucGOn, 6 2010, City of South Miami 2006 Evaluation and Appraisal Report In addition to the need for the creation of additional districts, there are a number of areas where the Future Land Use and/or zoning designations need to be amended to: ensure consistency between Future Land Use and zoning; provide for a more logical distribution of land uses; provide appropriate transitions between neighborhoods and uses, and; reflect existing land uses, Proposed amendments to the Future Land Use Plan Map and/or Zoning Map are detailed on Table II.A.2. and identified on Figure II.A.3. Please note that such amendments are only proposed, and would not be enacted until the subsequent EAR -based amendment process and /or through related revisions to the land development regulations. Some of these recommendations are based on discussions that have taken place in previous planning and public participation processes, while others are based on consideration of suggestions by citizens, property owners, and/or staff. Additional amendments and revisions that are not noted on Table II.A.2. or Figure II.A.3. might be proposed during the EAR -based amendments or update of the land development regulation. Table II.A.2. Potential Future, Land Use Plan Map and Zoning Map Amendments Eieure Potential Future . Potential Zoning Man Amendment II.A.3. Land Use Plan Map Amendment Location Identifier 1. Change Mixed Use Change LO (Low Intensity Office) and Commercial /Residential to a NR (Neighborhood Retail) to a new category that allows for current or district that allows for current or existing uses plus mixed -use existing uses plus mixed -use commercial /residential, offices, or commercial/residential, offices, or townhomes (limited to two stories). townhomes with buildings limited to two stories and appropriate rear setbacks to protect the residential area. 2. Change Mixed Use Change NR (Neighborhood Retail) to a Commercial/Residential to a Mixed new Mixed Use'District that includes Use category , that includes Commercial/ Office /Residential and Commercial/ Office /Residential and Neighborhood Center /Cultural . uses, Neighborhood Center /Cultural uses, limiting to 2 stories with adequate limiting to 2 stories with adequate setbacks to protect the residential setbacks to protect the residential areas. areas. 3. No change RS -3 (Single Family Residential) regulations require larger lots than are platted. Consider amending to RS -4 to reduce non - conforming lots. 12 �£�kt City of South Miami 2006 Evaluation and Appraisal Report Table II.A.2. Potential Future Land Use Plan Map and Zoning Map Amendments continued Figure Potential Future Potential Zoning Man Amendment H.A.3. Land Use Plan Man Amendment Location Identifier 4. No change Change RT -6 (Townhouse Residential) and RS -3 (Low Density Residential) to a Planned Unit Developrrient Category 5. No Change Change TODD -LI (Transit Oriented Development -- Light Industrial) to TODD MU -4 (Transit Oriented Development Mixed Use - 2 stories 6. Change TODD and Mixed Use Change MO (Medium Intensity Commercial/Residential to TODD Office) and TODD MU -4 Transit in its entirety Oriented Development Mixed Use(up to two stories) to TODD MU -5 (Up to eight stories with bonuses 7. Change Mixed Use Change SR (Specialty Retail) and NR Commercial/Residential (Four (Neighborhood Retail) to a new stories) to a new Hometown Center Hometown Zoning District (refined) Future Land Use District 8. Change Mixed Use Remove Hometown District Overlay Residential/Commercial to Multi- Family Residential 4. Change the parcels east of SW 57 Change the parcels east of SW 57 Ct. Ct. designated Single Family designated RS-3 (Single Family Residential to_ RO (Residential Residential) to RO (Residential Office) or a new Office designation Office or a new Office designation 1Q. Change Single Family Residential Change from RS -3 (Single Family to POS (Parks and Open Space) to Residential) to P &R (Parks and reflect the locations of (a.) Van Recreation) Smith Park and (b.) All American Park IT.� ` No Change Change from RS -4 to RS -5 in order to address icon - conforming lots. 12. No Change Study the CRA parcels in the TODD - MU -4 area (to the north and west of Area No. 5) as possible consideration for a residential development com atible with affordable housing. 13 To: Honorable Chair & Local Planning Agency Members From: Thomas J. Vageline, Director Planning and Zoning Department South Miami All'merlca�' coot Date: July 13, 2010 Re: Comprehensive Plan Future Land Use Map Amendment: 7800 SW 59 Ave. PB -10 -014 Applicant: City of South Miami Location: 7800 SW 59 Avenue An Ordinance of the Mayor and City Commission of the City of South Miami Florida, amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use category from Single - Family Residential (Two - Story) to Parks and Open Space for the property identified as Van Smith Park located at 7800 SW 59 Avenue (Folio No. 09 -4036- 039 -0020 and Folio No. 09 -4036- 039 - 0025); providing for severability; providing for ordinances in conflict; and providing an effective date. SUMMARY OF REQUEST The subject application PB -10 -014 for a Comprehensive Plan Future Land Use Map amendment is actually being initiated by the City in order to carry out amendments to the FLUM which were recommended in the Evaluation and Appraisal Report which was adopted by the City Commission in 2006. The subject property has a current Future Land Use Map designation of Single Family Residential (Two - Story). The property now owned by the City will become a passive park with preservation of the natural habitat. The appropriate Future Land Use Map Category will be Parks and Open Space. A change in the Comprehensive Plan Future Land Use Map can be initiated by a property owner, the Local Planning Agency and the City Commission. An amendment to the City's Comprehensive Plan Document or the Future Land Use Map requires the adoption of an ordinance by the City Commission after receiving a recommendation from the City's Local Planning Agency (Planning Board). Following approval of the application by the City Commission, (first reading of the ordinance) the application package is then submitted to the Florida Department of Community Affairs (DCA). This amendment qualifies as a small -scale amendment and therefore DCA will not review or comment upon the application unless a compliance protest is filed within a specified time period. The review process for a Comprehensive Plan Future Land Use Map amendment differs from the Future Land Use Map Amendment 7800 SW 59 Ave. July 13, 2010 Page 2 of process used to review zoning district changes, variances, and site plans. A future land use map amendment review is concerned with the following basic issues: 1) compatibility of the proposed use with surrounding uses; 2) compatibility of the proposed density and height to the limits contained in the Plan and to the immediate neighborhood; 3) impacto£ the proposed use on the City's infrastructure; and 4) is the amendment compatible with and does it advance the City's objectives and policies contained in the Comprehensive Plan, RECENT HISTORY OF THE SITE The City purchased the east one third of the property at 7800 SW 59 Avenue in 2003 for the purpose of preserving the natural habitat. The purchase was expanded in 2005 to include the remaining two thirds of the property which includes a single - family home. The surviving Van Smith brother will be allowed to live in the home for the remainder of his life, at which time that section of the site will be subject to the City making it a public park. PROPOSED AMENDMENT REVIEW The subject proposed amendment for 7800 SW 59 Avenue (Van Smith Park) was listed in the 2006 Evaluation and Appraisal Report which was adopted by Ordinance No. 01 -06 -1869 on January 5, 2006 and approved by the Florida DCA in May, 2006. The Potential Future Land Use Map Amendments Chart (pp. 12-13) indicates that Van Smith Park requires a change to the Parks and Recreation Category (see attached). SITE ANALYSIS Parcels Comprehensive Plan Existing Land Use Category Land Development Code Existing Zoning District Actual Use . North Single Family Residential RS -3 Single family homes East Single Family Residential RS -3 Single family homes South Single Family Residential I RS -3 Single family homes West Single Family Residential RS -3 Single family homes Compatibility of Use: The property is located in the center of a single - family zoning district. The creation of a public park and the preservation of the natural habitat is compatible land use. 2. Compatibility of Densi"eieht: The property size is 1.14 acres. The existing land use map category and the existing zoning district would allow for a total of, five one or two story homes to be built if the property was re- platted and developed. The proposed fixture land use map category will only allow for a passive park. 3. Impact on Public Facilities: An important element of a future land use map amendment is to assess the impact of the change on the public infrastructure serving the site. For purposes of this report, presented below is a summary of the projected impact of the proposed land use map category on public facility capacity. Future Land Use Map Amendment 7800 SW S9 Ave. July-13,2010 Page 3 of 4 a) Park/Recreation Facilities Level of Service (LOS): City Comprehensive Plan: 4 acres per 1000 pop. A total of 1.14 acres will be added to City's recreation and open space inventory which assists the City to maintain the required Level of Service. Concurrency Fee - None b) Schools 0 students; No impact. c) Solid Waste 0 lbs /day; No impact. d) Wastewater (Sewer) 0 gallons /per day; No impact e) Potable Water 0 gallons /per day; No impact f) Traffic /Streets 0 trips added; No impact Capacity: sufficient: insignificant traffic, no impact on surrounding roadways. 4. Compatible with Comprehensive Plan. A proposed Future Land Use Map Amendment should be compatible with and advance the goals and policies contained in the City's Comprehensive Plan. The proposed amendment is consistent with and supports the following goals and policies: LAND USE ELEMENT Goal I To maintain and improve the City's neighborhoods, and the quality of life of existing and future residents. Policy 1.1.2 In reviewing proposed amendments to this plan and the Zoning Map, compatibility with adjacent uses shall be the major determinant. RECREATION AND OPEN SPACE ELEMENT GOAL 1 To ensure the availability of adequate park facilities and open space for citizens of South Miami. FUTURE REZONING The approval of the proposed Future Land Use Map amendment is a pre - requisite for a future zoning district change, which will implement the Future Land Use Category. The current zoning district of "RS -3" Low- Density Residential will need to be changed to the "PR', Parks and Recreation Zoning District. Future Land Use Map Amendment 7800 SW 59 Ave. July 13, 2010 Page 4 of 4 STAFF OBSERVATIONS 1. The proposed amendment is consistent with the goals and policies of the City's Comprehensive Plan. 2. The proposed amendment was recommended in the 2006 Evaluation and Appraisal Report. 3. The amendment is needed in order to accurately reflect the location of City parks on the Future Land Use Map and to maintain and protect the City's inventory of recreation and open space. 4. The land use amendment and a subsequent zoning district change will formally recognize the City's efforts and citizen participation in assuring the expansion and protection of natural habitats and green open space. S. The impact of the proposed land use map category change will be insignificant as it pertains to public facilities including traffic, waste collection, water and sewers. RECOMMENDATION It is recommended that the proposed Comprehensive Plan Future Land Use Map (FLUM) amendment from the "Single Family Residential ". Land Use Map category to the "Parks and Open Space" category for 7800 SW 59 Avenue (Van Smith Park) be approved. Attachments: Location map EAR 2006, pp. 12 -13) Copies of Public Notices TN//SAY X \PBIPB Agendas Staff Reports\2010 Agendas Staff ReportsW- 13.101PB -10 -014 COMP PLAN Amend. Van Smith Ln.doc CITY OF SOUTH MIAMI LOCAL PLANNING AGENCY Regular Meeting Meeting Minutes Tuesday, July 13, 2010 City Commission Chambers 7:30 P.M. EXCERPT I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:46 P.M. The Pledge of Allegiance was recited in unison. H. Roll Call Action: Chair Yates requested a roll call. Board members present constituting a quorum: Mrs. Yates, Mr. Morton, Mrs. Young, Mr. Whitman, Mr. Farfan, Mr. Cruz and Mrs. Beckman. Board members absent: None City staff present: Thomas J. Vageline (Planning & Zoning Director), Sanford A. Youkilis (Planning & Zoning Consultant), Marcus Lightfoot (Permit Facilitator), Lourdes Cabrera - Hernandez (Principal Planner) and Alerik Barrios (Secretary). Deputy City Attorney: Mr. Mark Goldstein III. Planning Board Applications /Public Hearings PB -10 -014 Applicant: City of South Miami Location: 7800 SW 59 Avenue An Ordinance of the Mayor and City Commission of the City of South Miami Florida, amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use category from Single- Family Residential (Two - Story) to Parks and Open Space for the property identified as Van Smith Park located at 7800 SW 59 Avenue (Folio No. 09- 4036- 039 -0020 and Folio No. 09- 4036- 039 - 0025); providing for severability; providing for ordinances in conflict; and providing an effective date. Action: Mr. Morton read the item into the record. Planning Board Meeting June 15, 2010 2 Mr. Youkilis stated that the City's official Future Land Use map shows the property as Single - Family Residential. The city bought the first parcel in 2003 and the second parcel in 2005. In order to be correct on the map it needs to be changed to Parks and Open Space. When the city bought the property it was indicated that the lot will be a natural habitat. The property has 1.14 acres and buildings could be built if the city wanted to sell the land. The change to the Parks and Open Space guarantees into the future that the property will not become a development site for single - family homes and it will become a park with open space area. For any further questions the Parks and Recreations Director is available. Mr. Youkilis commented that there will not be any impact on schools, solid waste, wastewater (sewer), potable water and traffic /streets. The amendment is compatible with the current goals and policies of the city. In some future date the zoning will need to be changed to PR, since it is not Single - Family residence. Currently on the property is a home, where one of a member of the Van Smith family resides. Staff recommends the Future Land Use Map change to the Parks and Open Space category. Mr. Morton questioned while having an individual living on the property how this affect the park. Mr. Youkilis replied that as long as Mr. Van Smith is living on the property it will remain as is, but once he has left the property it will become a natural preserve park. Mr. Youkilis commented that the All America and the Van Smith Park are included in the EAR document that was adopted in 2006. The document listed twelve map changes that need to be done. Mrs. Beckman questioned what the process is for the four items. Mr. Youkilis responded that two are from the EAR and it was recognized that they needed to be adjusted. A recent City acquisition of a new park is third. The process includes a Planning Board hearing, a City Commission hearing and then it has to be sent to the Department of Community Affairs. Mr. Morton questioned when will the zoning change occur. Mr. Youkilis responded that the zoning change will be scheduled at a later date for the Planning Board. Mr. Cruz questioned if the Van Smith parcel of the property was bought from the family. Mr. Youkilis commented that according the records the first parcel was bought in 2003 and the second that is the west side of the property was bought in 2005. The Chair opened the public hearing. Speakers: NAME ADDRESS SUPPORT /OPPOSE PROJECT Bob Welsh 7437 SW 64 Court Opposes Mr. Welsh commented that he was present at the meeting to represent adjacent neighbor Francine Delgado, who lives in 5961 SW 79 Street. He commented that the park would have drinking fountains that would attract homeless individuals. She is also afraid that those people will set up camp there. Ms. Delgado is concerned with the amount of people in the park and the events in the park. Mr. Welsh commented that the neighbors want minimal impact to adjacent residents. Planning Board Meeting June 15, 2010 NAME ADDRESS SUPPORT /OPPOSE PROJECT Tami Guttier 5960 SW 78 Street Oppose Ms. Guttier commented that she would like additional information in regards to the park. Since this was the first time she heard that property was going to be changed into a park. She commented she had many incidences with the resident living on the property. Ms. Guttier commented that there needs to be more details such as, what type of liability will be in place. NAME ADDRESS SUPPORT /OPPOSE PROJECT Miguel De la Rosa 5949 SW 79 Street Support Mr. De la Rosa stated that his residence is just south of the property. His biggest concern is the safety of the location. He is very curious to know the details such as, will there be building structures for human use. He commented that when going back to the map that was illustrated on the PowerPoint you will see that the larger view the two lots there has been many incidences that people have been trespassing on to our properties. Mr. Cruz questioned if the resident was supported or opposed the project. Mr. De la Rosa responded that he supported the change. NAME ADDRESS SUPPORT /OPPOSE PROJECT Lauren Nobles 5980 SW 79 Street Support Ms. Nobles commented that she lives in front if Francine Delgado. She further commented that when Mr. Horace Feliu was mayor there were similar issues. Ms. Nobles commented that from a certain location in the park you can see inside Ms. Delgado's bedroom and Mr. De la Rosa home as well. She commented that Hammock House was an idea that was brought up and the residents needed to be informed. She further commented that there was a homeless person living in a vacant home near her property for months so imagine if this were created into a park. Ms. Nobles commented that parking on the swale is a dangerous idea and there is a resident on the property, which is a liability. Mr. Cruz questioned if the resident supports or opposed the project. Ms. Nobles replied that she supports the change, but there are certain issues that need to be addressed. NAME ADDRESS SUPPORT /OPPOSE PROJECT Maria Stout -Tate (City) Support Ms. Stout -Tate (Director of Parks and Recreation) informed the Board that a survey will be developed to allow the neighbors from that area to voice their concerns and what they would like to see. When the property was purchased, it was purchased to be kept as a nature preserve, to have trails to look at all the different species on the property. She commented that she would like to place fences, windscreens and more shrubs to create a division with the neighbors of that area. As of this moment, there is no determination to build anything on the property. There has been talk that the structure could be rehabilitated to become a nature museum to bring students to Planning Board Meeting June 15, 2010 0 observe nature, similar to Tropical Fair Child Gardens. In the future, there will be a fence around the house, to protect the owner. There is a recreation supervisor that always watches on the area. Mrs. Yates questioned if the current lot is open as a park. Mrs. Stout -Tate commented that it is open and Mr. Van Smith created a barrier around his property. Mrs. Yates suggested that for safety reasons there needs to be a barrier created to distinguish between private and public property. She questioned if any changes were made to the building, does that go through a full site plan process. Mrs. Stout- Tate responded yes. Mrs. Yates commented if the deed that was transferred stated that the area was to stay as a nature preserve. She further commented that no matter what happens tonight, if it is written in the deed that is what it is going to become. Mrs. Yates suggested the City Attorney to look at the property to see if it will become a Nature Preserve. Mrs. Stout -Tate commented that Miami -Dade Water and Sewer, is very interested in participating with the park since this park has a variety of rare species. She further commented that the Parks and Recreation Department is going to apply for grants, which would require a conservation use on the property that would give more protection. Mrs. Yates complimented that Van Smith family, but there is a need for regulations to protect the neighborhood and owner. Mrs. Yates questioned if park is going to be open only to the residents of the neighborhood. Mrs. Stout -Tate responded yes and there will be a site plan review process. Mr. Cruz questioned if the owner of the house parcel was bought, what was the agreement for the individual to stay living on the property. Mrs. Stout -Tate responded that he takes care of his portion of the property and even hired a biologist to label the species of the plants. Mr. Cruz questioned how the public could distinguish the difference between the private and public property. Mrs. Stout -Tate replied that the public could walk in the area that it will have trails. Mr. Whitman questioned which parcel is considered public. Mr. Youkilis responded that the house is on the large parcel to the west. Mrs. Young questioned what a passive park is and could children come to the park to observe. Mr. Youkilis replied that a passive park is like a nature preserve. It is distinguished from an active park which includes recreation activities. Mrs. Beckman suggested that staff read the definition of passive park to alleviate any concerns the neighbors might have. She commented that there needs to be better police surveillance since there are many issues in the neighborhood. Mrs. Beckman questioned what happens after the life estate of the owner is finished, would the house then be demolished. Mr. Youkilis responded that it would be up to the City. Planning Board Meeting June 15, 2010 Mr. Cruz questioned when the Planning and Zoning Department made up their decision on the park, was there any additional documentation that had to do with the residence. Mr. Youkilis responded that there is no additional documentation, but we do have old files that have to do with the financing of the property. Mrs. Beckman questioned if the residence had any fences. Mrs. Gunder commented that she has a chain -link fence and that does not stop individuals from entering her property. Mrs. Beckman questioned if the dwelling was part of a life estate. Mr. Goldstein responded that the life estate means that the person gets to live on the property for the life. The life estate means that the person could live there, but he does not know what will happen after that person is gone. He commented that he would have to look at the file. Mr. Morton questioned if the Park and Recreation Director was aware that there has been issue with access being denied. Mrs. Stout -Tate responded no, not until tonight. Mr. Whitman commented that this issue is very similar to All America Park. He commented that these parks are meant to become neighborhood parks and there are plenty of Dade - County parks that are very nice. Mr. Whitman suggested that staff work with neighbors. NAME ADDRESS SUPPORT /OPPOSE PROJECT Mr. Van Smith 7800 SW 59 Avenue Support Mr. Van Smith commented that unfortunately he did not have his hearing aid and was only able to hear certain things. He further provided the Board with a detailed description of the property and its rare species. The Chair closed the public hearing. Mrs. Yates commented that she does not have any objection to the Comprehensive Plan technical amendment. However, there needs to be immediate action on how it relates to the park's safety and Mr. Van Smith. Mr. Cruz questioned if these lots are still listed as two different parcels. Mr. Youkilis replied yes. Mr. Vageline commented that there is a process in the Property Appraisers Office that allows folio numbers to be combined. Mrs. Young questioned if passive and public park are considered the same thing. Mr. Youkilis replied that a public park has several different categories. Mr. Morton moved to defer the application. Motion failed for lack of a second. Mrs. Yates questioned what the next step would be. Mr. Vageline responded that the concerns that were brought forward will be mentioned to the City Manager and the neighbors could voice their concerns with the survey by the Parks and Recreation Department. Planning Board Meeting June 15, 2010 Mrs. Young questioned if the results of the survey will be done in time when this item goes to the City Commission. Mr. Youkilis commented that this item will be on the agenda at an August City Commission meeting so there is still an additional time. Motion: Mr. Whitman moved to approve the application as presented. Mrs. Young seconded. Vote: 6 Ayes 1 Nays (Mr. Morton) TJV /SAY XAComm Items\ 2010 \7- 27- 10 \LPA.Minutes.7.13.2010 Excerpt Van Smith.doc -i I w a z (n Y rya° Q 0�� a a w? NU R n n ay � <g _ `GY 5i Yr a � s s LL jig € a W d I MV 't �n p w it X €w'� I w a z (n Y rya° Q 0�� a a w? NU R n n ay � <g _ `GY 5i Yr a � s s LL jig € a W d I MV 't �n r CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDM To: Ronetta Taylor, City Clerk Date: December 11, 2001 From: Debra A. Jester, Assistant to Re: Van Smith Property Earl G. Gallop, City Attorne Attached is the latest correspondence from George Lott concerning the above - referenced matter. Please distribute copies of the letter to the commissioners. Thank you. LOTT & LEVINE ATTORNEYS AT LAW GEORGE J. Lor MICNAEL D. LEVINS 0950 -mee) December 6, 2001 Mr. Earl G. Gallop City Attorney City of South Miami 3225 Aviation Avenue Third Floor Miami, Florida 33133 RE: Purchase of Property from Van Smith Dear Earl: TWO DATRAN CENTER, SUITE 1701 9130 SO. DADELAND BOULEVARD Muxx, FLowDA acme TELEPHONE (305) 670.0700 r" (305)670.0701 I am pleased to enclose the Addendum to the Contract signed by all of the Van Smith children extending until December 31, 2002 the date by which the closing on the purchase must be concluded. I expect that everything will be ready for closing much sooner than that however. The 1999 taxes on the property were paid last week and I have already delivered the original paid receipt to the Finance Department at the City. Finally, I am pleased to fax to you a copy of the Order signed this morning by Judge Shapiro (acting in the absence of Judge Levy) appointing Garrett Van Smith and Anthony Van Smith as Successor Co- Trustees. I also opened the Estate for Ms. Anne Van Smith. With any luck I will be able to convince Judge Levy on Tuesday that Howard Van Smith's Estate should also be opened in Dade County rather than Broward County. I will keep you posted. Enc. t,. Clt,y of South Miami 6130 Sunset Drive, South Miami, Florida 33143 Mr. Hakeem Oshikoya Finance Director CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, Florida 33143 Please reply to., 3225 Aviation Avenue, Third Floor Miami, Florida 33133 (305) 854 -5353 (305) 854 -5351 (fax) November 6, 2001 Re: Contract to Purchase 7800 SW 59th Avenue (Hammock House) Payment of 1999 Ad Valorem Taxes Dear Hakeem: Attached is the tax certificate redemption bill for the amount due for ad valorem taxes for 1999 in the amount of $7,283.30. Pursuant to the resolution approved by the city commission, please pay the amount due at your earliest convenience. Please notify my office when payment is made. Thank you. Very truly yours, Earl G. Gallop City Attorney EGG:daj Attachment Cc: Charles D. Scurr, City Manager Ronetta Taylor, City Clerk "City of Pleasant living" RETAIIN THIS PORTION MIAMI- OADE MIAMI -DADE COUNTY DELINQUENT PROPERTY TAXES AND /OR LIENS 5OR YOUR RECORDS + TAX CERTIFICATE REDEMPTION BILL + FER 10/18/200.1 IF NOT PAID BY 10/31/2001 TOTAL AMOUNT DUE SUBJECT TO CHANGE 09 4036 039 0020 COLL MM /CCYY: 10/2001 FOLIO: CERTIFICATE FACE INTEREST RED TOTAL YEAR NUMBER TYPE BUYER VALUE INT! AMOUNT FEE AMOUNT 1999 00016575 1 369 6454.15 9.00 822.90 6.25 7283.30 TOTAL AMOUNT DUE: 7283.307 11 ( - HOWARD V SMITH &W ANNE 7800 SW 59 AVE SO MIAMI FL:A 331435512 * ADDITIONAL DELINQUENT TAXES DUE 36 54 40 1.13 AC M/L TOTAL DUE MAY CHANGE IF TAX DEED PALM MIAMI HOTS REV PB 43 -37 APPLICATION OR PURCHASE OF E1 /2 TR 6 LESS S125FT & N22.59F7 CER'TIFICA'TE IS MADE BEFORE PAYMENT. M/L LOT 18 & LOT 12 PER PS 25 -37 nsvvm THIS PORTION . K�U��N|10��0NT��EL{��[�WENT9Rc�9E8TYTAXE��AND/O8LIEmS pm,�nnoopvo 4- —�� TAX CERTIFICATE REDEMPTION BILL ~� FER 14/18/2001 IF NOT PAID BY 10/31/2001 TOTAL AMOUNT DUE SUBJECT TO CHANGE � � 09 4036 039 0028 COLL MM/CCYY: 10/2001 FOLIO: CERTIFICATE FACE � INTEREST RED TOTAL / YEAR NUMBER TYPE BUYER VALUE INT% AMOUNT FEE AMOUNT � 2000 00015652 1 272 6592"16 6"75 329"63 6"25 6928"04 | ) > TOTAL AMOUNT DUE: / 6928.04 } 7800 SW 59 AVE � HOWARD H &W ANNE 7800 SW ~,r AVE SO MIAMI FLA 331435512 * ADDITIONAL DELINQUENT TAXES DUE > 36 54 40 1.13 AC M/L- MAY X DEED PALM MIAMI HGTS REV PB 49-37 APPLICATION OR PURCHASE OF E1/2 TR 6 LESS B125FT & N22.59FT , CERTIFICATE IS MADE BEFORE PAYMENT" M/L LOT 18 & LOT 12 PER PR 25-37 00011 09403603900200 0000692804 00015652 0802000 8000081 0I001 9 � � RESOLUTION NO. 14 -01 -11162 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI AUTHORIZING THE CITY MANAGER TO EXECUTE AN OPTION TO PURCHASE THE VAN SMITH PROPERTY AT 7800 SW 59TH AVENUE FOR USE AS A PASSIVE PARK.; AND AUTHORIZING THE EXPENDITURE OF UP TO $8,740.13 FOR THE PURCHASE OPTION FROM ACCOUNT 01- 2100 - 519 -8310 "SEED FUNDS "; PROVIDING AN EFFECTIVE DATE WHEREAS, the need exists for additional parks within the City of South Miami; and WHEREAS, the property located at 7800 SW 59a' Avenue is an excellent location for a passive park; and WHEREAS, the City has the opportunity to execute an option to purchase this property. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section I. The City Manager is authorized to execute the attached Option to Purchase Real Estate with the Van Smith heirs for the property at 7800 SW 59`h Avenue and to pay a sum not to exceed $8,740.13 for the option from Account 01- 2100 -519- 8310; Seed Funds. Section 2. This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 16 day of January 2001. ATTEST: U� AN 1 �+ CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: 5-0 Mayor Robaina: Yea Vice Mayor Feliu: Yea Commissioner Russell: Yea Commissioner Bethel: Yea Commissioner Wiscombe: Yea Reference: Hammock House Hammock House is locatd at 7800 S.W. bzth Avenue, South Miami, Florida 33143, on one and a tenth acre, which is on a high, rocky ridge of calcium carbonate (limestone), which is food proof! Hammock House is a registered Audubon sanctuary, a . nationally recognized wildlife habitat and native, hardwood preserve, abounding with all the local butterflies, birds, squirrels, racoons, opposums, spiders, lizards, and a few snakes Hammock House is taken care of by a park manager, game warden, park ranger, environmentalist, financial accountant, and housekeeper! The following 'canopy tres, understory shrubs (bushes) and . ground cover plants reside at Hammock House: Garrett Van Smith 7 st 21 Understory - .Bushes /Small Trees Species 48. Varnish Leaf (Big Pine Key) . . . 49. .,Varnish Leaf (Pineland,) . . . 50. Varnish (Virginia Key) 51. Wild Croton . . . . . . . . . . . 52. Scarlet Bush . . . . . . . . 53. Baham Cassia . . . . . . 54. Maiden Bush . . . . . . 55. Fiddlewood . . . . . . . , 56. Cinnamon Bark . . . . . . . . 57. Guyana Plum . . . . . . . . . . . 58. Spicewood . . . . . . . . . . . 59. Locust Berry . . . . . . . . . . 60. Saw Palmetto . . . . . . 61. Sweet Bay . . . . . . . . . 62. West Indian Lilac . . . . . . 63. Coco Plum . . . . 64. Wild Coffee (Shiny Leaf) . . . . 65, Wild Coffee (Soft Leaf) . . . . . 66. Wild Coffee (Draft) . . . . . . . 67. Marberry (Marlberry) . . . . . 68. Wax Myrtle . . . . . . . . 69. Coral Bean . . . . . . . . . . . 70. American Beauty Berry . . . . . . 71. Myrsine . . . . . . . . . . . 72. Neckle Pod . . . . . . . . . . . Number a 1 1 1 2 4 2 1 1 1 1 2 2 15 1 1 7 ll 1 1 1 10 1 20 1 1 Ground Cover Species Number 73. Coonite . . . . . . . . . 15 74. Boston Fern . . . . . . . (too many) 75. Smilax . . . . . . . . . 10 76. Lantana . . . . . . . . . . 3 77. Poison Ivy . . . . . . . . (too many) 78. Wild Fennel . . . . . . . . V 5 79. Virginia Creeper . . . . . (too many) 80: Milkweed . . . . . . . (j t 81. Whisk Fern . . . . . . . . 4 82. Partridge Pea . . . . . . 10 83. Rattlebox . . . . . . . 5 84. Mouse's Pineapple . . . . . 15 85. Blackbead . . . . . . . . 1 86. Torch Wood . . . . . . . . 1 87. Ball Moss . . . . . . . 0 (too many) 88. Resurrection Fern . . . . . (too many) 89, Scorpion Tail . . . . . . . 1 90. Spanbish Moss . . . . . . . G (too many) 91 . Wild Poinsettia . . . . . . (too 92. Snow Berry . . . . . . . . l 93. Butterfly Pea . . . . . . . 3 94. Elephant's Ear . . . . . . }(too many) 95. Aloe . . . . . . . . . . . v 1 Total Numberr of Major Canopy Trees, Understory Bushes, and Ground Cover plants; = 300 Number of Species = 100 Footnote 1. The late Julie Norton Bigliat, at the University of Miami, after reviewing Hammockj House and its flora, calculated that the Hammock produces 150 tons of 02 (Oxygen) a year. Footnote 2. Include that in the months of May, June, and July, Hammock House is glowing with fireflies and dorou cti.ck beetles, and dragonflies eating lots of things on wing. RESOLUTION NO. 169 -01 -11317 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO REAL PROPERTY; APPROVING AN AMENDMENT TO A CONTRACT TO PURCHASE 7800 SW 59 AVENUE [HAMMOCK HOUSE], EXTENDING OPTION PERIOD TO DECEMBER 31, 2002, AUTHORIZING PAYMENT OF 1999 AD VALOREM TAXES IN THE AMOUNT OF $7,283.30 PLUS ADDITIONAL ACCRUED INTEREST FROM OCTOBER 31, 2001 TO THE DATE OF PAYMENT; AND CHARGING ACCOUNT NO. 2100 -519 -9920; PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 16, 2001 the Mayor and City Commission of the City of South Miami approved Resolution No. 14 -01 -11162 approving an option contract to purchase real estate located at 7800 SW 59 Avenue, commonly referred to as the Hammock House; and, WHEREAS, the contract grants the City an exclusive option to purchase the property by December 31, 2001 upon payment by the City of 1998 ad valorem taxes, at a price to be determined by averaging the estimated fair market value of the property given by one to three appraisers, and upon the City accomplishing a transfer of title by trust and probate proceedings, or otherwise as counsel for the City deems appropriate; and, WHEREAS, the contract may be extended to December 31, 2002 upon payment by the City of the 1999 ad valorem taxes; and, WHEREAS, the City agreed to advance the cost of counsel for the Van Smith heirs for an amount not to exceed $1,800; and, WHEREAS, the costs of the 1999 and 2000 taxes, '/2 of the appraisal fees and the Van Smith counsel fees will be credited to the amount owed by the City at the time of closing, or, in the event the City does not purchase the property, the taxes and counsel fees (but not appraisal fees) will be reimbursed to the City; and, WHEREAS, the City desires to extend the option period to December 31, 2002 and to amend the contract to effect the extension and several other changes. Additions shown by underlinine and deletions shown by evefs`ril d . NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The option period is extended to December 31, 2002. The Addendum to Option. to Purchase Real Estate, which is attached to this resolution as App.l is approved. The City Manager is authorized and directed to execute the amendment on behalf of the City of South Miami. Section 2. The City Manager is directed to pay the 1999 ad valorem taxes and to redeem the tax certificate for the amount of $7,2$3.30 plus additional accrued interest from October 31, 2001 to the date of payment, and to charge Account No. 2100 -519 -9920. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 6thday of November , 20 01 CITY CLERK �. . READ AND APPROVED AS TO FORM: CITY ATTORNEY P •� COMMISSION VOTE: 5 -0 Mayor Robaina: Yea Vice Mayor Feliu: Yea Commissioner Wiscombe: Yea Commissioner Bethel: Yea Commissioner Russell: Yea Res. #169 -01 -11317 Page 2 of 2 RETAIIN THIS PORTION MIAMI-DAVE MIAMI -DADE COUNTY DELINQUENT PROPERTY TAXES AND /OR LIENS FOR YOUR RECORDS mow TAX CERTIFICATE REDEMPTION BILL TOTAL AMOUNT DUE: 7283.30 HOWARD V SMITH &W ANNE 7800 SW 59 AVE SO MIAMI FLA 331435512 * ADDITIONAL DELINQUENT TAXES DUE 36 54 40 1.13 AC M/L TOTAL DUE MAY CHANGE IF TAX DEED PALM MIAMI HGTS REV PB 43 -37. APPLICATION OR PURCHASE OF E1 /2 TR 6 LESS S125FT & N22.59F7 CERTIFICATE IS MADE BEFORE PAYMENT. M/L LOT 18 & LOT 12 PER -PB 25 -37 DETACH HERE • MIAMI- DADE MIAMI -DADE COUNTY DELINQUENT PROPERTY TAXES AND /OR LIENS • • - TAX CERTIFICATE REDEMPTION BILL CERT. NO. 1999 00016575 1 BUYER 369 PER 10/18 /2001 09 4036 039 0020 COLL MM /CCYY: 10/2001 FOLIO: 7283.30 FACE VAL 6454.15 INTY. 9.00 TOTAL AMOUNT DUE: HOWARD V SMITH SSW ANNE 36 54 40 1.13 AC M/L 7800 SW 59 AVE PALM MIAMI HSTS REV PB 43 -37 SO MIAMI FLA 331435812 E1 /2 TR 6 LESS S125FT a N22.59FT M/L LOT 18 & LOT 12 PER PB 25 -37 10011 09403603900200 0000728330 00016578 0001999 0000001 01001 0 I 0 S Q E PER 10/16/2001 IF NOT PAID BY 10/31/2001 TOTAL AMOUNT DUE SUBJECT TO CHANGE 09 4036 039 0020 COLL MM /CCYY: 10/2001 FOLIO: CERTIFICATE FACE INTEREST RED TOTAL YEAR NUMBER TYPE BUYER VALUE INT% AMOUNT FEE AMOUNT 1999 00016575 1 369 6454.15 9.00 822.90 6.25 7283.30 TOTAL AMOUNT DUE: 7283.30 HOWARD V SMITH &W ANNE 7800 SW 59 AVE SO MIAMI FLA 331435512 * ADDITIONAL DELINQUENT TAXES DUE 36 54 40 1.13 AC M/L TOTAL DUE MAY CHANGE IF TAX DEED PALM MIAMI HGTS REV PB 43 -37. APPLICATION OR PURCHASE OF E1 /2 TR 6 LESS S125FT & N22.59F7 CERTIFICATE IS MADE BEFORE PAYMENT. M/L LOT 18 & LOT 12 PER -PB 25 -37 DETACH HERE • MIAMI- DADE MIAMI -DADE COUNTY DELINQUENT PROPERTY TAXES AND /OR LIENS • • - TAX CERTIFICATE REDEMPTION BILL CERT. NO. 1999 00016575 1 BUYER 369 PER 10/18 /2001 09 4036 039 0020 COLL MM /CCYY: 10/2001 FOLIO: 7283.30 FACE VAL 6454.15 INTY. 9.00 TOTAL AMOUNT DUE: HOWARD V SMITH SSW ANNE 36 54 40 1.13 AC M/L 7800 SW 59 AVE PALM MIAMI HSTS REV PB 43 -37 SO MIAMI FLA 331435812 E1 /2 TR 6 LESS S125FT a N22.59FT M/L LOT 18 & LOT 12 PER PB 25 -37 10011 09403603900200 0000728330 00016578 0001999 0000001 01001 0 I 0 S Q E RETAIIN THIS PORTION MIAMI- DADE MIAMI -DADE COUNTY DELINOUENT PROPERTY TAXES AND /OR LIENS FOR YOUR RECORDS TAX CERTIFICATE REDEMPTION BILL FER 10/18/2001 IF NOT PAID BY 10/31/2001 TOTAL AMOUNT DUE SUBJECT TO CHANGE 09 4036 039 0020 COLL MM /CCYY: 10/2001 FOLIO: CERTIFICATE YEAR NUMBER TYPE BUYER 2G0O 00015652 1 272 7SOO SW 59 AVE HOWARD V SMITH &W ANNE 7800 SW 59 AVE FACE INTEREST RED TOTAL VALUE INT% AMOUNT FEE AMOUNT 6592.16 6.75 329.63 6.25 6928.04 TOTAL AMOUNT DUE: ('�+ 6925.04 SO MIAMI FLA 931435512 * ADDITIONAL DELINQUENT TAXES DUE 36 54 40 1.13 AC M/L TOTAL DUE MAY CHANGE IF TAX DEED PALM MIAMI HSTS REV PB 43 -37 APPLICATION OR PURCHASE OF E1 /2 TR 6 LESS 5125FT & N22.59FT CERTIFICATE IS MADE BEFORE PAYMENT. M/L LOT 18 & LOT 12 PER PB 25 -37 DETACH HERE MIAMbDADE MIAMI -DADE COUNTY DELINOUENT PROPERTY TAXES AND /OR LIENS MI TAX CERTIFICATE REDEMPTION BILL HOWARD V SMITH &W ANNE 36 54 40 1.13 AC M/L 7800 SW 59 AVE PALM MIAMI HSTS REV PS 43 - -37 SO MIAMI FLA 331435512 E1 /2 TR 6 LESS S125FT & N22.59FT M/L LOT 1S & LO`f 12 PER PB 25 -37 a 00011 09403603900200 0000692804 00015652 0002000 0000001 01001 9 -I- Addendum to Option to Parrbase Beal Male This Addendum to O))tion to Purchase Real Estate (the "Addondum'7 is made and entered into as of day of _,. , _ _, 2001 by and between Garrett Van $milk Parris Van Smith, Anthony an Smith and William Van Smith ( "Sellers), and the City of South Miami, a Florida municipal corporation ( "City"). WMESSETH. WHEREAS, Sellers and City executed and entered into that certain Option to Purchase Rand ;:state agreement dated as of March S, 2001 (the "Agreemeot'y; and WHEREAS, Sellers and City mutually desire to modify and amend certain terms and provisions of the Agreement as more particularly set forth herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the meipt and sufficiency of which is hereby acknowledged„ Sellars and City hereby agree to modify and amend the Agreement as follows: 1. All references in die Agreemenl to "Pearson and Mayor, P.A." am hereby deleted and replaced with references to "Stephen D Pearson„ Esq." 2. Sellers acknowledge that City has paid the 1999 real estate taxes on the Property and that the City shall have until December 31, 2002 to exercise its option and close on the Proparty. City agrees to use its 9004 faith efrons to exercise its option and to close earlier if possible once all outstanding title issues we resolved in a reasonably satisfactory manner. City furtbtar agrees to pursue resolution of such title issues in a diligent and good faith manner. 3. Sellers and City agree that the price of the Property shall be the No market value of* Property as established by appraisal. Upon execution and de ivery of this Addendum, &m shall solaet One appraiser reasonably acceptable 10 City, and City shall select one appraiser reasonab acceptable to Sellers, to appraise the value of the Property and the average of such appraisals shall be the purchase price payable by City for the Properly, provided that the appraisals do not reflect a difference in valuation that is greater than tan percent (Ifft) of the valuation derenothud by the lower ofthe two appraisals. Sellers and City further agree that they will have no direct contact with any of the appraisers; chat all contact with the appraiser; shall be by and through Stephen D. Pterson, as anomey for Sellers, and George I Lott, as attorney for City. pursuant to ptoeedures that they shall mutually agree upon; and that the identify of Sellers and City stall not be furnished to the appraisers until the appraisers have completed their appraisals. Sellers and City furthts agree thst if there is a difference in valuation that exceeds hm percent (10%) of dho valuation determined by the lower of the two appraisals, then Sellers and Cily agree that either shall have the right to have both parties mutually select a third . appraiser to appraise the value of the Property and. that the purchase price of the Property shag be *it average of the valuations established in the three appraisals, Sellers shall be parmitted, through the respective counsels for Sellers and City, to submit any $npa fide written offers or other written evidence of interest in purchasing the Properly to the appraisers for such consideration as the: appraisers choose to give such evidence. City shall pay the costs of the appraisals, but will receive a credit for one half of such costs at the closing of the purcbaaa Iron, purposes of the appraisals, there shall be no consideration given to the fact that Garrett Van Smith shod be granted an 4revocebla license in a portion of the Property upon closing. between now Pad closing, City shall not do snything that will adversely affect the valve of the Property, including, but not limited to, any chunge in its zoning to a more restrictive classification 4. Sellers acknowledge that City has retained Lott & Levine as lead counsel in tummion with the litigation to be ins» lined (as has and shall be mutually agreed upon by George J. Lott and Stephen D. Pearson) to resolve the title issues required to be able to vast City with good run) marketable title to the Property upon closing, subject nny to exceptions staled in Attorneys' Tine Insuianct Fund Inc. Commitment No. CF- 0442958 (or any Replacement, endorsement or re- ceniftcalion issued by Stephen D. Pearson as a result of such commitment expirirtg, share being any new icquitements added to Schedule B -I or there being any new tide exceptions that do not affect good and marketable tide added to Schedule B-11). Sellers accept Lop & Levine as substitute counsel for Navin, Gallop and Figueredo. P.A. with roapoct to such litigation, and Cary epees to pay all fees and costs of Lott & Levine in such litigation, notwithstanding that George J. Lon shall be appearing as counsel for the Sellers in the litigation S. The provisions of this Addendum supersede and control any term or provision in the Agreement that are in conflict with the terms and provisions of this Addendurn. Except as modified and amended herein, the terms and provisions of the Agreement continue if full force and effect. Unless expressly provided herein to the contrary, all terms of this Addendum shall have the same meanings as provided in the Agreement. This Addendum may be eseeuled in countervans and Sellers and buyers hereby waive any requirement for furrhgb-tmalities jug IN WffNkSS W - IERPOF, Sellers and City have executed this Addendum as of the dote specified above. CITY: City of South Miami Or Charles Scurr, City Manager Approved as to form and legal sufficiency: Earl G. Gallop, City Attorney Attest: CITY CLERK By: Ronetta Taylor SELLERS: Crarreit Van Smith Pwtis Van Smith Anthony Van Smith William Van Smith 4 Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayo Date: November 6, 2001 and City Commission q From: Charles Scurr L Re: Agenda Item It City Manager Hammock House REOUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO REAL PROPERTY; APPROVING AN AMENDMENT TO A CONTRACT TO PURCHASE 7800 SW 59 AVENUE [HAMMOCK HOUSE], EXTENDING OPTION PERIOD TO DECEMBER 31, 2002, AUTHORIZING PAYMENT OF 1999 AD VALOREM TAXES IN THE AMOUNT OF $7,283.30 PLUS ADDITIONAL ACCRUED INTEREST FROM OCTOBER 31, 2001 TO THE DATE OF PAYMENT; AND CHARGING ACCOUNT NO. 2100 -519- 9920; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution amends a contract to purchase 7800 SW 59,h Avenue [Hammock House]. It extends the option period to December 31, 2002 and authorizes payment of 1999 AD Valorem taxes in the amount of $7,283.30, plus additional accrued interest from October 31, 2001 to the date of payment. On January 16, 2001 the Mayor and City Commission adopted Resolution No. 14-01-11162, which approved an option contract to purchase real estate located 7800 SW 590 Avenue, commonly referred to as Hammock House. The contract granted the City of South Miami exclusive option to purchase the property by December 31, 2001 upon payment by the City of the 1998 ad valorem taxes, at a price to be determined by averaging the estimated fair market value of the property given by one to three appraisers. The City desires to extend the option period to December 31, 2002 and to amend the contract to effect that extension and several other changes. RECOMMENDATION Approval is recommended. Oct -30 -01 03:42pm from -NAGIN GALLOP FIGUERE00 PA $058646351 MIAMI- l7AD8 MIAMI -DADE COUNTY DELINQUENT PROPERTY TAXES AND /OR LIENS TAX CERTIFICATE REDEMPTION BILL T -249 P.002/003 F -544 RM11N TWS PORTION FOR YOUR RECORDS 7800 SW 59 AVE -TOTAL AMOUNT DUE: / 692S_04 HOWARD V SMITH &W ANNE 7800 SW 59 AVE SO MIAMI FLA 391435512 + ADDITIONAL DELINQUENT TAXES DUE 36 54 40 1.13 AC M/L TOTAL DUE MAY CHANGE IF TAX DEED PALM MIAMI HGTS REV PB 43 -37 APPLICATION OR PURCHASE OF E1 /2 TR 6 LESS S125FT & N82.59FT CERTIFICATE IS MADE BEFORE PAYMENT. M/L LOT 18 & LOT 12 PER PB 25 -37 MIAMI -DADE MIAMI -DADE COUNTY DELINQUENT PROPERTY TAXES AND /OR LIENS, TAX CERTIFICATE REDEMPTION BILL CERT. NO. 2000 00015652 1 BUYER 272 FER 10/18/2001 09 4036 089 0020 COLL MM /CCYY; 10/2001 FOLIO: 6928.04 FACE VAL 6592.16 INT% 6.75 TOTAL AMOUNT DUE: HOWARD V SMITH &W ANNE 36 54 40 1.13 AC M/L 7800 SW 59 AVE PALM MIAMI HSTS REV PS 43 -37 SO MIAMI FLA 33143:5512 E1 /2 TR 6 LESS S125FT & N22.59FT M/L LOT 15 & LOT 12 PER PS 25.37 00011 09403603900200 0000692804 00015652 0002000 0000001 01001 9 t FER 10/18/2001 IF NOT PAID BY 10/3112001 TOTAL AMOUNT DUE SUBaECT TO CHANGE 09 4036 039 0020 COLL MM /CCYY; 10/2001 FOLIO: CERTIFICATE FACE INTEREST RED TOTAL YEAR NUMBER TYPE BUYER VALUE INT% AMOUNT FEE AMOUNT 2000 00015652 1 272 6592.16 6.75 329.63 6.29 6925.04 7800 SW 59 AVE -TOTAL AMOUNT DUE: / 692S_04 HOWARD V SMITH &W ANNE 7800 SW 59 AVE SO MIAMI FLA 391435512 + ADDITIONAL DELINQUENT TAXES DUE 36 54 40 1.13 AC M/L TOTAL DUE MAY CHANGE IF TAX DEED PALM MIAMI HGTS REV PB 43 -37 APPLICATION OR PURCHASE OF E1 /2 TR 6 LESS S125FT & N82.59FT CERTIFICATE IS MADE BEFORE PAYMENT. M/L LOT 18 & LOT 12 PER PB 25 -37 MIAMI -DADE MIAMI -DADE COUNTY DELINQUENT PROPERTY TAXES AND /OR LIENS, TAX CERTIFICATE REDEMPTION BILL CERT. NO. 2000 00015652 1 BUYER 272 FER 10/18/2001 09 4036 089 0020 COLL MM /CCYY; 10/2001 FOLIO: 6928.04 FACE VAL 6592.16 INT% 6.75 TOTAL AMOUNT DUE: HOWARD V SMITH &W ANNE 36 54 40 1.13 AC M/L 7800 SW 59 AVE PALM MIAMI HSTS REV PS 43 -37 SO MIAMI FLA 33143:5512 E1 /2 TR 6 LESS S125FT & N22.59FT M/L LOT 15 & LOT 12 PER PS 25.37 00011 09403603900200 0000692804 00015652 0002000 0000001 01001 9 t Oct -30 -01 03;42pm From -NAGIN GALLOP FIGUEREDO PA 3058545351 MtaM1.DADE MIAMI -DADE COUN'T'Y DELINQUENT PROPERTY TAXES AND /OR LIENS TAX CERTIFICATE REDEMPTION BILL T -249 P.003/003 F -544 RETAON THIS PORMN FOR YOUR RECORDS TOTAL AMOUNT DUE: 7283.30 HOWARD V SMITH &W ANNE 7800 SW 59 AVE SO MIAMI FLA 331435512 t ADDITIONAL DELINOUENT TAXES DUE TOTAL DUE MAY CHANSE IF TAX DEED CPERTIFICATTE IS MADEHBEEF'ORE PAYMENT. 36 54 HSTS AC M/L 43 -37 El/2 TR 6 LESS S185FT & N22.59FT M/L LOT .18 & LOT 12 PER.PB PS -27 MtAMkDADE MIAMI -DADE COUNTY DELINQUENT PROPERTY TAXES AND /OR LIENS TAX CERTIFICATE REDEMPTION BILL CERT. NO. 1999. 00016575 1 BUYER 369 PER 10l1$l2001 FOLIO: 09 4036 039 0020 COLL MM /CCYYi 10/2001 FACE VAL 6454.15 INT% 9.00 TOTAL AMOUNT DUE: 7283.30 HOWARD V SMITH &W ANNE 36 54 40 1.13 AC M/L 7800 SW 59 AVE PALM MIAMI HSTS REV PB 43-37 80 MIAMI FLA 331435512 ES /2 TR 6 LESS S125FT & N22.S9'=T M/L LOT 18 u LOT 12 PER PB 25 -37 00011 09403603900200 0000728330 00016575 0001999 UU00001 01001 0 - FER 10/18/2001 IF NOT PAID BY 10/31/2001 TOTAL AMOUNT DUE SUBJECT 1"O CHANSE 09 4036 039 FOLIO: 0420 r COL a L MM /CCYY: 10/2001 0 CERTIFICATE YEAR NUMBER TYPE BUYER FACE. INTEREST RED TOTAL 1999 64VAL15 INTO AMOUNT 822.90 FEE AMOUNT 6.25 7283.30 TOTAL AMOUNT DUE: 7283.30 HOWARD V SMITH &W ANNE 7800 SW 59 AVE SO MIAMI FLA 331435512 t ADDITIONAL DELINOUENT TAXES DUE TOTAL DUE MAY CHANSE IF TAX DEED CPERTIFICATTE IS MADEHBEEF'ORE PAYMENT. 36 54 HSTS AC M/L 43 -37 El/2 TR 6 LESS S185FT & N22.59FT M/L LOT .18 & LOT 12 PER.PB PS -27 MtAMkDADE MIAMI -DADE COUNTY DELINQUENT PROPERTY TAXES AND /OR LIENS TAX CERTIFICATE REDEMPTION BILL CERT. NO. 1999. 00016575 1 BUYER 369 PER 10l1$l2001 FOLIO: 09 4036 039 0020 COLL MM /CCYYi 10/2001 FACE VAL 6454.15 INT% 9.00 TOTAL AMOUNT DUE: 7283.30 HOWARD V SMITH &W ANNE 36 54 40 1.13 AC M/L 7800 SW 59 AVE PALM MIAMI HSTS REV PB 43-37 80 MIAMI FLA 331435512 ES /2 TR 6 LESS S125FT & N22.S9'=T M/L LOT 18 u LOT 12 PER PB 25 -37 00011 09403603900200 0000728330 00016575 0001999 UU00001 01001 0 - RESOLUTION NO. 27 -02 -11376 A RESOLUTION OF THE MAYOR AND U COMMISSION SOUTH MIAMI, FLORIDA, RELATING TOT O ACCEPTANCE O A SAFE NEIGHBORHOOD PARKS (SNP) GRANT IN THE AMOUNT OF $200,000 TO BE USED TOWARD THE PURCHASE OF THE HAMMOCK HOUSE PROPERTY; AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Trust for Safe Neighborhood Parks (SNP) helps communities to meet their recreational needs; and WHEREAS, the City of South Miami submitted an application to obtain $200,000 toward the purchase of the Hammock House Property for the establishment of the City's newest park; and WHEREAS, the Trust for Safe Neighborhood Parks has awarded the City $200,000 toward the purchase; and WHEREAS, the grant requires a dollar- for - dollar match that would consist of the $150,000 Land & Water Conservation Fund Grant as well as a City fund to be determined later; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section I. The City Manager is authorized to accept an SNP grant in the amount of $200,000. Section 2. The City Manager is authorized to execute contracts and documents applicable to the acceptance of the SNP Grant. Section 3. This resolution shall take effect immediately upon arrival PASSED AND ADOPTED this 19 day of February 2002. READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR Commission Vote: 5 -0 Mayor Robaina: Yea Vice Mayor Russell: Yea Commissioner Bethel: Yea CommissionerFeliu: Yea Commissioner Wiscombe: Yea CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM South Miami brALIA NI�AmaticaCiry f 2001 To: Honorable or Date: February 15, 2002 and City Commission ti From: Charles D. Scurr Subject: Agenda Item # City ManagerP� Commission Meeting 2/19/02 Acceptance of a $200,000 SNP V114 Grant for the purchase of the _ Hammock House Property REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE OF A SAFE NEIGHBORHOOD PARKS (SNP) GRANT IN THE AMOUNT OF $200,000 TO BE USED TOWARD THE PURCHASE OF THE HAMMOCK HOUSE PROPERTY; AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE, BACKGROUND AND ANALYSIS Last October the City of South Miami submitted a grant application to the Miami -Dade County Trust for Safe Neighborhood Parks. This competitive program awarded funds for park land acquisition .projects. In December the City was awarded $200,000 toward the purchase of the Hammock House Property. Any funds spent would have to be matched dollar- for - dollar. Last October the City was awarded a $150,000 grant from the Land & Water Conservation Fund Grant Program via the Florida Department of Environmental Protection. Once all legal issues are resolved, the City will proceed with the property appraisal process. The attached resolution would allow the City Manager to execute the contracts and documents necessary to receive the money and move forward with this important endeavor. The attached contract is a sample contract indicative of the one we would receive for this project; the City would have 3 years from the effective date to purchase the property. RECOMMENDATION Your approval is recommended. Agreement # IE 02- SAFE NEIGHBORHOOD PARKS BOND PROGRAM INTEREST EARNINGS AGREEMENT This Agreement, made this day of 200—, by and between Miami -Dade County, a political subdivision of the State of Florida (County) through its Office of Safe Neighborhood Parks (Office), located at 10710 S.W. 211 Street, Room 109, Miami, FL 33I89, and City of South Miami (Grantee) having offices at 6130 Sunset Drive South Miami FL 33143 states conditions and covenants for the rendering of Safe Neighborhood Parks Bond project (Project(s)) for the County. WHEREAS, the citizens of Miami -Dade County have authorized the issuance of general obligation bonds for the purpose of financing capital improvement programs for certain parks, beaches, natural areas and recreation facilities; and WHEREAS, to implement and give effect to the bond program, Miami -Dade County, Florida enacted Ordinance 96-115, the Safe Neighborhood Parks Ordinance; and WHEREAS, it is necessary and desirable to improve the quality of life, to preserve property values, to promote prevention of juvenile crime by providing positive recreation opportunities, and to improve the recreation facilities for youth, adult, and senior citizens in this community through the improvement of our parks and natural areas; and WHEREAS, in order to foster those important values, the project(s) listed herein have been identified for reimbursement pursuant to the terms of the Ordinance; NOW, THEREFORE, the parties agree as follows: I. SCOPE OF SERVICE & BUDGET SUMMARY. The Grantee agrees to render services in accordance with the Brief Grant Summary statement incorporated, and that all expenditures or costs shall be made in accordance with the Budget(s) which is incorporated and attached as Exhibit(s). (See Section XVII). II. ADMINISTRATIVE RULES & BOND ORDINANCE. The Grantee agrees to abide by and be governed by the Administrative Rules for Specified Project Grants, Per Capita Allocation Grants, Challenge Grants, and Interest Earnings, and the Bond Ordinance, copies of which have been provided the Grantee by the Office. Without limiting the generality of the preceding sentence, the Grantee agrees to: Payment Procedures (Ord., Sec.6 & Rules, I OB); Breach of Agreement (Rules, 1 OB(6) & 11 F); Termination (Rules, 11 F); Prohibited Use of Funds (Rules, IOD4); Required Documentation (Rules, 11D & 12); Operating Funds (Ord., Sec. 5(b)(1)); Completion of Project and Supplemental Funding (Rules, IOB(15)); and Audits (Ord., Sec. 13 & Rules, 11A). III. EFFECTIVE TERM. Both parties agree that the effective term of this Agreement shall be from April 15 2002 to April 14 2005 . Failure by the Grantee to complete the project by the aforementioned date, unless extended, shall be cause for the County to terminate this Agreement. IV. AMOUNT P.rts'ABLE. The maximum amount payable for the project(s) rendered under this Agreement, shall not exceed $ unless otherwise amended. V. FUNDING COMMITMENT. In the event that the projects} requires further funding, funding foz subsequent years is conditioned upon appropriation by the Board of County Commissioners of Miami -Dade County, Florida, with no representation that funds will be forthcoming. VI. FUNDING REQUIREMENTS & REGULATIONS. A. Establishment of residency requirements, imposition of non - resident fees, or failure of the Grantee to comply with any other conditions established by the Safe Neighborhood Parks Citizens' Oversight Committee (Oversight Committee) shall be cause for the County to terminate this Agreement unless an exception is granted by the Oversight Committee. VII. CONDITIONS OF AWARD A. Completed facility construction will have a permanent plaque, approved by the Oversight Committee, as to material, form, and content, affixed to the facility noting funding through the Safe Neighborhood Parks bond program. B. All fencing funded with Safe Neighborhood Parks bond proceeds will comply with the current South Florida Building Code specifications for such facilities. VIII. INDEMNIFICATION BY GRANTEE. A. Government Entity. Government entity shall indemnify and hold harmless the County and its officers, employees, agents, and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of action, or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the government entity or its employees, agents, servants, partners, principals or subcontractors. Government entity shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the 2 County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28, Fla. Stat., subject to the provisions of that Statute whereby the government entity shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgment or portion thereof, which, when totaled with all other claims or judgment or paid by the government entity arising out of the same incident or occurrence, exceed the sum of $200,000 from a -ye and all personal injury or property damage claims, liabilities, losses or causes of action whic-'. i7-aay arise as a result of the negligence of the government entity. IX. INSURANCE, A. Government Entity. If the Grantee is the State of Florida or an agency or political subdivision of the State as defined by Section 768.28, Florida Statutes, the Grantee shall furnish the County, upon request, written verification of liability protection in accordance with Section 768.28, Florida Statutes, Nothing herein shall be construed to extend any party's liability beyond that provided in Section 768.28, Florida Statutes. X. CIVIL RIGHTS. The Grantee agrees to abide by Chapter I IA, Article IV of the Code of Miami -Dade County ('County Code'), as amended, which prohibits discrimination in employment; Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C., as amended, which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C., Section 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C., Section 12103 et seq., which prohibits discrimination in employment and accommodation because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, the County shall have the right to terminate this Agreement. it is further understood that, the Grantee must submit an affidavit attesting that it is not in violation of the Americans with Disability Act, the Rehabilitation Act, the Federal Transit Act, 49 U.S.C. Section 1612, and the Fair Housing Act, 42 U.S.C. Section 3601 et seq. If the Grantee or any owner, subsidiary, or other firm affiliated with, or related to the Grantee, is found by the responsible enforcement agency, the Courts or the County to be in violation of these Acts, the County will conduct no further business with the Grantee, Any agreement entered into based upon a false affidavit shall be voidable by the County. If the Grantee violates any of the Acts during the term of any agreement the Grantee has with the County, such agreement shall be voidable by the County, even if the Grantee was not in violation at the time it submitted its affidavit. XI. CONFLICT OF INTEREST. The Grantee agrees to abide by and be governed by Miaml- Dade County Ordinance No. 72 -82 (Conflict of Interest Ordinance codified at Section 2 -1 I.I et al. of the Code of Miami -Dade County), as amended, which is incorporated herein by reference as if fully set forth herein, in connection with its contract obligations hereunder. XII. INDEPENDENT PRIVATE - SECTOR INSPECTOR GENERAL, The County shall have the right, but not tbA ;obligation to require the Grantee, at the Grantees own cost, to retain the services of an indepe::r ?Pint private- sector inspector general (IPSIG) who may be engaged to audit, investigate, monitor, oversee, inspect and review the operations, activities and performance of the Grantee and County in connection with this agreement. The scope of services performed by an IPSIG may include, but are not limited to, monitoring and investigating compliance with Agreement, project costs; and investigating and preventing corruption and fraud. The IPSIG may perform its services at all levels of the contracting and procurement process including but not limited to project design, establishment of bid specifications; bid submittals, activities of Grantee, its officers, agents and employees, lobbyists, county staff and elected officials. Upon ten (10) days written notice to Grantee from an IPSIG, the Grantee shall make all requested records and documents available to the IPSIG for inspection and copying. The IPSIG shall have the right to examine all documents and records in the Grantee's possession, custody or control which in the IPSIG's sole judgment pertain to performance of the Agreement, including but not limited to original estimate files, bid and change order estimates, worksheets, proposals and agreements from and with successful and unsuccessful subcontractors and suppliers, all project - related correspondence, memoranda, instructions, financial documents, construction documents, bid and agreement documents, back - charge document, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. The provisions in this section shall apply to the Grantee, its officers, agents and employees. The Grantee shall incorporate the provisions in this section in all subcontracts and all other agreements executed by Grantee in connection with the performance of the Agreement. Nothing in this Agreement shall impair any independent right of the County to conduct an audit or investigate activities. The provisions of this section are not intended nor shall they be construed to impose any liability on the County by Grantee or third parties. XIII. OFFICE OF THE MIAMI -DADE INSPECTOR GENERAL. Pursuant to Ordinance No. 97 -215, the Office of the Miami -Dade County Inspector General (IG) shall have the authority and power to review past, present and proposed County programs, accounts, records, contracts and transactions. The IG shall have the power to report and /or recommend to the Board of County Commissioners whether a particular project, program, agreement or transaction is or was 0 necessary and, if deemed necessary, whether the method used for implementing the project or program is or was efficient both financially and operationally. Monitoring of an existing project or program may include reporting whether the project is on time, within budget and in conformity with plans, specifications, and applicable law. The IG shall have the power to analyze the need for, and reasonableness of, proposed change order. Upon ten (10) days written notice to Grantee from IG, the Grantee shall make all requested records and doeume ^ *s available to the IG for inspection and copying. The IG shall have the power to retain and coordinate the services of an IPSIG who may be engaged to perform said mandatory random audits, as well as audit, investigate, monitor, oversee, inspect and review the operations, activities and performance and procurement process including but not limited to project design, establishment of bid specifications; bid submittals, activities, of Grantee, its officers, agents and employees, lobbyists, county staff and elected officials in order to ensure compliance with agreement specifications and detect corruption and fraud. This mandatory random audit is separate and distinct from any other audit by the County of any audit performed under Section XI "Independent Private - Sector Inspector General ". The provisions in this section shall apply to the Grantee, its officers, agents and employees. The Grantee shall incorporate the provisions in this section in all subcontracts and all other agreements executed by Grantee in connection with the performance of the Agreement. Nothing in this Agreement shall impair any independent right of the County to conduct audit or investigate activities. The provisions of this section are not intended nor shall they be construed to impose any liability on the County by Grantee or third parties. XIV. NOTICES. It is understood and agreed between the parties that written notice addressed to the Office and mailed (certified /return receipt) or delivered to the address appearing on page one (1) of the Agreement and written notice addressed to the Grantee and mailed (certified /return receipt) of delivered to the address appearing on page one (1) of this Agreement shall constitute sufficient notice to either party. XV. AUTONOMY. Both parties agree that this Agreement recognizes the autonomy of and stipulates or implies no affiliation between the contracting parties. It is expressly understood and intended that the Grantee is only a recipient of funding support and is not an agent or instrumentality of the County. Furtbermore, the Grantee's agents and employees are not agents or employees of the County. XVI. TERMINATION If the Grantee shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or shall violate any of the covenants, agreements, 'stipulations, representations or warranties herein, the County shall have the right to terminate this Agreement by giving at least ten (10) days prior written notice to the Grantee (Rules, 11 F). XVII. MISCELLANEOUS. A. Governing Law. The Grantee agrees to comply with all applicable federal, state and county laws, rules and regulations which are incorporated by reference or fully set forth. This Agreement is made in the State of Florida and shall be governed according to the laws of the State of Florida. Proper venue for this Agreement shall, be Miami -Dade County, Florida. B. Moc?!f cations. Any alterations, variations, modifications, extensions or waivers of provisions of this � rl.-eement including but not limited to amount payable and effective term shall only be valid when they have been reduced to writing, duly approved and signed by both parties and attached to the original of this Agreement. C. Counterpart. This Agreement is signed in 4 counterparts, and each counterpart shall constitute an original of this Agreement. D. Headings Use of Singular and Gender. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Agreement. Wherever used herein, the singular shall include the plural and the plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires. E. Agreement Contact, The County's representative for this agreement is Beverly N. Mirman, D.P.A. The Grantee's representative for this agreement is F. Fringe Benefits. In the event that a percentage of actual salary will be utilized as the method to claim eligible fringe benefit costs pursuant to Section 10 (D) (2) (c) of the Rules, such percentage shall not exceed %. This percentage shall be demonstrated to the reasonable satisfaction of the County. Documentation in support of this percentage shall be submitted to the Office for approval contemporaneously with the execution of this Agreement. G. Subcontracts. Any subcontracts written under the provisions of the Ordinance (Sections 5 (b) (5) and 8 (c)) require prior review and written approval of the County. H. Totality of Agreement / Severability of Provisions. This _ page Agreement with its recitals on the first page of the agreement and with its attachments as referenced below contain all the terms and conditions agreed upon by the parties: Attachment 1: Miami -Dade County Affidavits Exhibit(s) 1 through �: Approved Project(s) and Budget(s) No other Agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. If any provision of this Agreement is held invalid or void, the remainder of this Agreement shall not be affected thereby ri if such remainder would then continue to conform to the terms and requirements of applicable law. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seal the day and year first above written. APPROVED AS TO.FORM AND LEGAL SUFFICIENCY: Assistant County Attorney APPROVED AS TO FORM: City Attorney ATTEST: Harvey Ruvin, Clerk By: Deputy Clerk MIAMI -DADE COUNTY Steve Shiver, County Manager CITY OF SOUTH MIAMI a municipal corporation in the State of Florida City Executive Officer RESOLUTION NO. 33 -02 -11382 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE OF A LAND & WATER CONSERVATION FUND (LWCF) GRANT IN THE AMOUNT OF $150,000 TO BE USED TOWARD THE PURCHASE OF THE HAMMOCK HOUSE PROPERTY; AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Department of Environmental Protection's Land & Water Conservation Fund (LWCF) Program helps communities to meet their recreational needs; and WHEREAS, the City of South Miami submitted an application to obtain $150;000 toward the purchase of the Hammock House Property for the establishment of the City's newest park; and WHEREAS, the Florida Department of Environmental Protection has awarded the City $150,000 toward the purchase; and WHEREAS, the grant requires a dollar - for - dollar match that would consist of the City's $200,000 Safe Neighborhood Parks Grant for this project; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. The City Manager is authorized to accept an LWCF grant in the amount of $150,000. Section 2. The City Manager is authorized to execute contracts and documents applicable to the acceptance of the LWCF Grant. Section 3. This resolution shall take effect immediately upon arrival. PASSED AND ADOPTED this 5 thday of March 2002. READ AND APPROVED AS TO FORM: 6. / /0/1 CITY ATTORNEY APPROVED: <� x � MAYOR Commission Vote: 4 -0 Mayor Robaina: Yea Vice Mayor Russell: Yea Commissioner Bethel: out of room Commissioner Feliu: Yea Commissioner Wiscombe: Yea CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Honorable Mayor and City Commission From: Charles D. Scurr City Ivtanager /f �,yy?'`7 REQUEST South Miami bylkid Ali- gmericaCBV m 2001 Date: March 1, 2002 Subject: Agenda Item #_ 19 Commission Meeting 3/5/02 Acceptance of a $150,000 LWCF Grant for the purchase of the Hammock House Property A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE OF A LAND & WATER CONSER4'ATION FUND (LWCF); GRANT aid THE AMOUNT OF $150,000 TO BE USED TOWARD THE PURCHASE OF T-AE 71WAIMOCK ROUSE PROPERTY; AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS Last summer the City of South Miami submitted a grant application to the Florida Department of Environmental Protection's Land & Water Conservation Fund (LWCF) Program. This competitive program awarded funds for park land acquisition and park development projects. In September the City was awarded a $150,000 LWCF Grant. Any funds spent would have to be matched dollar-for-dollar. The matching funds will come from the City's $200,000 grant from Miami -Dade County's Trust for Safe Neighborhood Parks. The attached resolution would allow the C,.?;, Manager to execute the contracts and documents necessary to receive the money and move forward with this important endeavor. RECOMMENDATION Your approval is recommended. Jeb Bush Governor Department of Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard David B. Struhs Tallahassee, Florida 32399.3000 Secretary February 25, 2002 Mr. Ralph Rosado Assistant to the City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: Hammock House LWCF Project No. 12 -00423 .(' ` ` Dear Mr. itissadq ~ Thank you for your letter accepting the Land and Water Conservation Fund Program (LWCF) grant. The grant agreement has been prepared in accordance with your acceptance letter. It is important that you review the agreement to ensure that information specific to your project is accurate. Please ::cecute and return both original copies of the agreement. In signing the agreement, do not complete the blank space for the date. Our staff will date the agreement when formally executed by the Department and one original copy will be returned to you. Unless a Waiver of Retroactivity has been issued, or provisions are provided for in this agreement, the project may not commence until after the agreement has been fully executed and a copy returned to you. Thank you for your attention to this matter. If you have any questions, please contact us at (850) 488 -7896 or Suncom 278 -7896. CC/ld Enclosure Sincerely, CoIIier Clark Advisory Services Manager Bureau of Design and Recreation Services Division of Recreation and Parks Mall Station #585 Primed an recyded paper. 12 -00423 (LWCF Project Number) LW423 DEP Contract Number CFDA Number: 15 -916 CFDA Title: LWCF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION LAND AND WATER CONSERVATION FUND PROGRAM FISCAL YEAR 2000 -2001 PROJECT AGREEMENT - ACQUISITION This Project Agreement is entered into on this 20_, by and between the Florida Department of day Environmental Protection, (hereinafter called the Department, and the City of South Miami (hereinafter called the Grantee, in furtherance of an approved outdoor recreation Project. WHEREAS, the Department is given the authority to receive funds for the purpose of passing through the agency as grants to other entities in Section 375.021(4), Florida Statutes, WHEREAS, Chapter 375, Florida Statutes, further authorizes the Department to receive grants for outdoor recreation and conservation; M1 WHEREAS, the Grantee has submitted Project Application number 114 which has been approved by the Department; NOW THEREFORE, in consideration of the mutual covenants contained herein, the Department and Grantee do hereby agree as follows: 1. This Project Agreement shall be performed in accordance with chapter 62D-5, Part VII, Florida Administrative-,Code, (hereinafter called the Rule), the Land and Water Conservation Fund (LWCF) Act of 1965, Public Law 88 -578, 78 Stat 897, as amended, (hereinafter called Page 1 of 17 the Program), and in accordance with general provisions for such agreements prescribed by the United States Department of the Interior (hereinafter called the USDI) in the LWCF Grants Manual, (hereinafter called the Manual). The Grantee agrees to become familiar with all provisions and comply with the Rule, effective July 15, 2001, and Manual, which are incorporated into this Project Agreement by reference, as if fully set forth herein. In the event a dispute should arise between the parties concerning the intent of any language herein contained, the same shall be resolved by the adoption of that meaning which furthers the intent and purpose of the above referenced Acts of Congress and the general provisions governing this Project Agreement as set forth in the Manual. No construction shall be contrary to the requirements of the Acts of Congress or of the regulations of the Secretary of the Interior. 2. The Department has found that public outdoor recreation is the primary purpose of the project known as Hammock House (Land and Water Conservation Fund, LWCF Project Number 12- 00423), hereinafter called the Project, and enters into this Project Agreement with the Grantee for the acquisition of that real property, the legal description of which shall be submitted to the Department as described in the Land and Water Conservation Fund Program Approved Project Documentation Form, DEP Form FPS -A048. 3. Within three years from the completion date set forth in the Project completion certificate, unless extended by the Department staff for good cause at the written request of the Grantee, the Grantee will construct, or cause to be constructed, certain public Page 2 of 17 outdoor recreation facilities and improvements in accordance with the following development elements: nature study picnicking and other support facilities. 4. The Project Elements identified in Paragraph 3 herein shall be attractive for public use, and generally consistent and compatible with the environment. Plans and specifications for Project Site improvements and facilities shall be in accord with current and established engineering and architectural standards and practices. Emphasis should be given to the health and safety of users, accessibility to the general public, and the protection of the recreational and natural values of the area. The Project Elements may be altered by the Grantee, only after approval by the Department. Any and all utility lines installed within the park shall be placed underground. 5. The Department shall transfer, on a reimbursement basis to the Grantee, the eligible Grant amount not to exceed $150.000, which will pay said Program's share of the cost of the Project. Program fund limits are based upon the following: Total Program Amount $150,000 Grantee Match Amount $150,000 Total Project Cost $300,000 Type of Match Cash 'rhe Project reimbursement request shall include all documentation required by the Department for a proper pre -audit and post -audit review. Within sixty (60) days after receipt of the request, the Page 3 of 17 Department's Contract Manager shall review the completion documentation and payment request from the Grantee for the Project. if the documentation is sufficient and meets the requirements of the tared and Water Conservation Fund Program Completion Documentation Form, DEP Form FPS -A051, referenced in s. 62D- 5.073(7)(e)2, the Department will approve the request for payment. 6. The Grantee agrees to comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the Procedure and incorporated into this Project Agreement by reference as if fully set forth herein. All purchases of goods and services for accomplishment of the Project shall be secured in accordance with the Grantee's adopted procurement procedures. Expenses representing the Project costs, including the required matching contribution, shall be reported to the Department and summarized on certification forms provided in the Procedure. The Department and Grantee agree to use the Procedures guidelines accounting for LWCF funds disbursed under the Project. The parties further agree that the principles for determining the eligible costs, supporting documentation and minimum reporting requirements of the Procedure shall be used. 7. Pursuant to s. 215.422, Florida Statutes, the Department's Project Manager shall have five (5) working days, unless otherwise specified herein, to inspect and approve the payment requests for payment. The Department must submit a request for payment to the Florida Department of Banking and Finance within twenty (20) days; and Page 4 of 17 the Department of Banking and Finance has fifteen (15) days to issue a warrant. Days are calculated from the date the invoice is received or the date the services are received, inspected, and approved, whichever is later. Invoice payment requirements do not start until a complete and correct invoice has been received. Invoices which have to be returned to the Grantee for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established within the Florida Department of Banking and Finance who may be contacted if a contractor is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at (850)410 -9724 or (800)848 -3792. 8. In accordance with s. 215.422, Florida Statutes, the Department shall pay the Grantee interest at a rate as established by s. 55.03(1), Florida Statutes, on the unpaid balance, if a warrant in payment of an invoice is not issued within 40 days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. Interest payments of less than $1 will not be enforced unless the Grantee requests payment. The interest rate established pursuant to s. 55.03(1), Florida Statutes, may be obtained by calling the Department of Banking and Finance, Vendor Ombudsman at the telephone number provided above or the Department's Contracts Section at 850/922 -5942. 9. All monies expended by the Grantee for the purpose contained herein shall be subject to pre -audit review and approval by the Comptroller of Florida in accordance with s. 17.03, Florida Statutes. Page 5 of 17 10. If the Grantee has been granted a waiver of retroactivity (as defined in s. 62D -5.068 (47) of the Rule) and all applicable Manual requirements have been satisfied, the full Program amount may be reimbursed upon completion of the Project if such costs are identified in paragraph 12 herein as eligible costs incurred prior to execution of this Project Agreement. 11. The Department and Grantee fully understand and agree that there will be no reimbursement of funds by the Department for any obligation or expenditure made prior to the execution of the Project Agreement with the exception of $0 for: n /a. 12. Prior to commencement of Project acquisition, the Grantee shall submit the documentation required by the Land and Water Conservation Fund Program Acquisition Project Commencement Documentation Form, DEP Form FPS -A050, referenced in s. 62D- 5.073(7)(e) of the Rule, to the Department. Upon determining that the documentation complies with the Rule, the Department will give written notice to Grantee to commence the development and approve the request for payment. 13. The Grantee shall complete all Project acquisition by the completion date, 14. Any local governmental entity, nonprofit organization, or for - profit organization that is awarded funds from a grants and aids Page 6 of 17 appropriation by a state agency shall: a: if the amounts received exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45, Florida Statutes; or b: If the amounts received exceed $25,000, but do not exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45, Florida Statutes, or have a statement prepared by an independent certified public accountant which attests that the receiving entity or organization has complied with the provisions of this Project Agreement; or C* If the amounts received do not exceed $25,000, have the head of the entity or organization attest, under penalties of perjury, that the entity or organization has complied with the provisions of this Project Agreement. 15. A copy of the audit or attestation as required in Paragraph 14, shall be submitted to the Department within one (1) year from the Project completion date as set forth in the Project completion certificate. 16. In addition to the provisions contained in Paragraph 14 above, the Grantee shall comply with the applicable provisions contained in Attachment 1. A revised copy of Attachment 1, Exhibit -1, must be provided to the Grantee with each amendment which authorizes a funding increase or decrease. The revised Exhibit -1 shall summarize the funding sources supporting the Project Agreement for purposes of Page 7 of 17 assisting the Grantee in complying with the requirements of Attachment 1 If the Grantee fails to receive a revised copy of Attachment 1, Exhibit -1, the Grantee shall notify the Department's Contracts Administrator at 850/488 -7896 to request a copy of the updated information. 17. 'Following receipt of an audit report identifying any reimbursement due the Department for the Grantee's noncompliance with this Project Agreement, the Grantee will be allowed a maximum of thirty (30) days to submit additional pertinent documentation to offset the amount identified as being due to the Department. The Department, following a review of the documentation submitted by the Grantee, will inform the Grantee of any reimbursement due the Department.. . 18. The Grantee shall retain all records supporting Project costs for three (3) years after the fiscal year in which the final Project payment was released by the Department or until final resolution of matters resulting from any litigation, claim or audit that started prior to the expiration of the three -year retention period. The Department, State Auditor General, State Comptroller and other agencies or entities with jurisdiction shall have the right to inspect and audit the Grantee's records for said Project within the three -year retention period. 19. The Department's Contract Manager for the purpose of this Project Agreement shall be responsible for ensuring performance of its Page 8 of 17 terms and conditions and shall approve all reimbursement requests prior to payment. The Grantee's Liaison Agent, as identified in the Project application, or successor, shall act on behalf of the Grantee relative to the provisions of this Project Agreement. The Grantee's Liaison Agent, shall submit to the Department signed Project status, reports every ninety (90) days summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the Department. Photographs to reflect the construction work accomplished shall be submitted when the Department requests them. Any and all notices shall be delivered to the parties at the following addresses: Grantee Mr. Ralph Rosado, Assistant to the City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 Department Collier Clark, Contract Manager Department of Environmental Protection 3900 Commonwealth Boulevard, MS 585 Tallahassee, Florida 32399 -3000 20. Prior to final reimbursement, the Grantee must erect a permanent information sign on the Project Site which credits Project funding or a portion thereof, from the Land and Water Conservation Fund Program through the USDI and the Department. 21. The Department and USDI have the right to inspect the Project and any and all -records related thereto at any reasonable time. Page 9 of 17 22. This Project Agreement may be unilaterally canceled by the Department in the event the Grantee refuses to allow public access to all documents, papers, letters or other materials made or received in conjunction with this Project Agreement pursuant to the provisions of Chapter 119, Florida Statutes. 23. Prior to closing the Project, the Department shall have the right to demand a refund, either in whole or in part, of the LWCF funds provided to the Grantee for non - compliance with the material terms of this Project Agreement. The Grantee, upon such written notification from the Department, shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall be calculated and determined pursuant to Section 55.03(1) of the Florida Statutes. Interest shall be calculated from the date(s) of payment(s) to the Grantee by the Department to the date repayment is made by Grantee. 24. If the United States, acting through the USDI, the Secretary of the Interior, or any other branch of the government of the United States, acting within the scope of its lawful authority, should for any reason demand a refund from the Department, in whole or in part, of the funds provided to the Grantee under the terms of this Project Agreement, the Grantee, upon notification from the Department, agrees to refund and will forthwith repay directly to the Department the amount of money demanded. 25. The Gran-tee shall comply with all federal, state and local rules, regulations and ordinances in acquiring and developing this Page 10 of 17 Project. The Grantee acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations including all applicable building codes. The Grantee further agrees to ensure that the Grantee's contract will include the requirements of this paragraph in all subcontracts made to perform this Project Agreement. 26. competitive open bidding and purchasing for construction of said Project facilities or improvements shall comply with all applicable laws and the Manual. Following completion of Project construction, the Grantee's Liaison Agent shall provide the Department with a statement certifying that all purchases or contracts for construction were competitively bid pursuant to applicable law and the Manual. 27. If asphalt paving is required for the Project it shall conform to the Florida Department of Transportation's specifications for road and bridge construction. Bid specifications, contracts and /or purchase orders of the Grantee must specify thickness of asphalt and square yards to be paved. 28. By acceptance of the provisions of this Project Agreement, the Grantee does hereby agree to dedicate the Project site and all land within the Project boundaries, identified in Paragraph 2 herein,, in perpetuity as an outdoor recreation site for the use and benefit of the public, as stated in s. 62D- 5.074(1) of the Rule. The Parties further agree that the execution of this Project Agreement by the Department shall constitute an acceptance of said dedication on behalf Page 11 of 17 of the general public of the State of Florida. The Grantee represents that it has sufficient site control to enable this dedication. All dedications must be promptly recorded in the public property records by the Grantee. 29. The Grantee agrees to operate and maintain the Project Site as stated in s. 62D- 5.074(2) of the Rule. The Project Site, Project related facilities and any future.outdoor recreation facilities developed on the Project Site shall be open to the general public for outdoor recreation use, maintained in accordance with applicable health and safety standards, and kept in good repair to prevent undue deterioration and provide for safe public use. The Grantee covenants that it has full legal authority and financial ability to develop, operate and maintain said Project related facilities and improvements as specified within the terms of this Project Agreement. The Grantee shall obtain Department approval prior to any and all current or future development of facilities on the Project Site, if said development is not described in Paragraph 3 herein. 30. The Grantee shall not, for any reason, convert all or any portion of the park for any purpose other than outdoor recreation without prior approval of the USDI pursuant to Section 6(f)(3) of the LWCF Act and the Manual and s. 62D - 5.074(3) of the Rule. 31. Failure to comply with the provisions of the Rule or the terms and conditions of this Project Agreement will result in cancellation of the Project Agreement by the Department. The Department shall give the Grantee in violation of the Rule or this Page 12 of 17 Project Agreement a notice in writing of the particular violations stating a reasonable time to comply. 32. In the event of conflict in the provisions of the Rule, the Project Agreement, and the Project Application, the provisions of the Rule shall control over this Project Agreement and this Project Agreement shall control over the Project Application documents. 33. if the Department determines that site control is not sufficient under the Rule the Department shall give the applicant a notice in writing and a reasonable time to comply. If the deficiency cannot be reasonably corrected within the time specified in the notice, the Department shall cancel this Project Agreement. 34. In accordance with the TWCF Act, Program funds will be made available contingent upon an annual appropriation to each State by Congress. 35. This Project Agreement strictly prohibits the expenditure of Program funds for the.purpose of lobbying the legislative, .judicial, or executive branch of local, state, or federal government. 36. No person on the grounds of race, creed, color, national origin, age, sex, marital status or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Project Agreement. Page 13 of 17 37. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of s. 768.28, Florida Statutes. 38. The employment of unauthorized aliens by any Grantee is considered a violation of s. 274A(e) of the Immigration and Nationality Act. If the Grantee knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Project Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations made to perform this Project Agreement. 39. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a. contract with any public entity, and may not. transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes, or Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 40. The Project Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Project Agreement shall be interpreted in such manner as to be effective and valid under applicable Florida law, but if any provision of this Project Agreement shall be prohibited or invalid under applicable law, such provision Page 14 of 17 shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Project Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by applicable law. 41. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Project Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 42. This Project Agreement is not intended nor shall it be construed as granting any rights, privileges, or interest in any third party without mutual written agreement of the parties hereto. 43. This Project Agreement is an exclusive contract and may not be assigned in whole or in part without the written approval of the Department. 44, This Project Agreement represents the entire agreement of the.parties. Any alterations, variations, changes, modifications or waivers of provisions of this Project Agreement shall only be valid when they have been reduced to writing, duly executed by each of the parties hereto, and attached to the original of this Project Agreement. Page 15 of 17 THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 16 of 17 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Division Director (or Designee) Division of Recreation and Parks And State Liaison Officer CITY OF SOUTH MIAMI By: Person Authorized to Sign. Printed Name tle Address: Address: Bureau of Design and Recreation Services Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florida 32399 -3000 DEP Contract Manager Approved as to Form and Legality: This form has been pre - approved as to Grantee Attorney form and legality by Jerome I. Johnson, Assistant General Counsel, on February 7. 2002, for use for one year. FPS -A053 Revised 02/07/02 Page 17 of 17 ATTACHMENT SPECIAL AUDIT REQUIREMENTS The administration of funds awarded by the Department of Environmental Protection (which may be referred to as the "Department ", "DEP ", "FDEP" or "Grantor", or other name in the contractlagreement) to the recipient (which may be referred to as the "Contractor ", Grantee" or other name in the contracrlagreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A -133, as revised (see "AUDITS" Below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A -133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non -profit organization as eefined in MAD Circular A -133, as revised. 1. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program- specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EX 131T I to this agreement indicates Federal funds awarded through the Department of Environmental Protection by this agreement in determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal funds received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular.A -133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. 3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non - Federal funds (i.e:, the cost of such an audit must be paid from recipient funds obtained from other than Federal entities }. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the intemet at htro! /asoe os dhhs Rov /cfda: PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. DEP Contract No. XXX, Attachment Page 1 of 5 1. In the event that the recipient expends a total amount of State awards (i.e., State financial assistance provided to the recipient to cant' out a State project) equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. EXHIBIT 1 to this agreement indicates State funds awarded through the Department of Environmental Protection by this agreement In determining the State awards expended in its fiscal year, the recipient shall consider all sources of State awards, including State funds received from the Department of Environmental Protection, except that State awards received by a noustate entity for Federal program matching requirements shall be excluded from consideration. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.600, Rules of the Auditor General. 3. If the recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State awards in its fiscal year and elects to have an.audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non -State funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than State entities). 4. For information regarding the Florida Single Audit Act, including the Florida Catalog of State Financial Assistance (CFSA), a recipient should access the website for the Governors Office located at hmD' //sun6 dms.state.fl.us/fsaa/ for assistance. In addition to the above websim, the following websites may be accessed for information: Legislature's Website http'!lvnvv.iea.statefl.usl, Govemofs Website htpt •J /www.fleov.comt, Department of Banking and Finances Website htt p:// wwwdbfstateflus /aadir/FSAAlndex.hW, and the Auditor Generars Website PART III: OTHER AUDIT REQUIREMENTS (NOTE: Pursuant to Section 275.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State awards that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State agency must arrange for f turfing the full cost of such additional audits. This part would be used to specify any additional audit requirements imposed by the State agency that are solely a nuuter of that State agency's policy (4e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements).) PART IV: REPORT SUBMISSION 1. Copies of audit reports for audits conducted in accordance with OMB Circular A -133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: Collier Clark Florida Department of Environmental Protection Bureau of Design and Recreation Services 3900 Commonwealth Boulevard., Mail Station # 585 Tallahassee, Florida 32399 -3000 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399 -2400 DEP Contract No. XXX; Attachment -1', Page 2 of 5 . ' B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320 (d)(I) and (2), OMB Circular A -133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133, as revised. 2. Pursuant to Section .320(f), OMB Circular A -133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A -133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at each of the following addresses: Collier Clark Florida Department of Environmental Protection Bureau of Design and Recreation Services' 3900 Commonwealth Boulevard., Mail Station #1585 Tallahassee, Florida 32399 -3000 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road MS40 Tallahassee, Florida 32399 -2400 3. Copies of reporting packages required by PART II of this agreement shall be submitted by or on'behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: Collier Clark Florida Department of Environmental Protection Bureau of Design and Recreation Services 3900 Commonwealth. Boulevard., Mail Station # 585 Tallahassee, Florida 32399 -3000 Audit Director Florida Department of Environmental Protection Office of inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399 -2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 'west Madison Street Tallahassee, Florida 32302 -1450 4. Copies of reports or management letters required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at each of the following addresses: DEP Contract No. XXX, Attachment -1, Page 3 of, 5 Collier Clark Florida Department of Environmental Protection Bureau of Design and Recreation Services 3900 Commonwealth Boulevard., Mail Station # 535 Tallahassee, Florida 32399 -3000 Audit Director Florida Department of Environmental Protection Office of inspector General 2600 Blair Stone Read, MS40 Tallahassee, Florida 32399 -2400 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this agreement shall be submitted. timely in accordance with OMB Circular A -133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, as applicable. 6. Recipients, when submitting audit reports to the Department of Environmental Protection for audits done in accordance with OMB Circular A -133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, should indicate the date that the audit report was delivered to the recipient in correspondence accompanying the audit report PART V. RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of 3 ( specify appropriate number of years, should be at least three years) years from the date the audit report is issued, and shall allow the Department of Environmental Protection or its designee, access to such records upon request+ The recipient shall ensure "-t audit v+oriang papers are made available to the Department of Environmental Protection or its designee, upon request for a period of 3 (specify appropriate number of years, Should be at least three years and be equivalent to the number of years identified above) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Contract No. XXX, Attachment " 1, Page 4 of 5. N H W v 0 A w�. N y c ° U ty N C � n v L G C O m U r (ice+ vi G G A y b F C .. •� s. 4 � u U Yd� �wE EyT •N i. S'n d m O i3 V Y � � 'w c T Uj N � ° a s�U N y .a •o � � C O � N �w= c o� N M t N o g a � � U oz� `o N O�0 d s c w O u w A a q C � ti A•U 6 G 0 1' E' 4° O G 0 'v O O w� W V 4 w F Q O o U ^O o � W r W t" m `1 � V y � R Y � U a w' d 0 i Y �z� a s y O V qC C � o p a � U U 1�•r w u, CV r a d= y a w c O v w 0 R a C � U N d d •V N W d G M N W w z N w W v 0 A w�. N y c ° U ty N C � n v L G C O m U r (ice+ vi G G A y b F C .. •� s. 4 � u U Yd� �wE EyT •N i. S'n d m O i3 V Y � � 'w c T Uj N � ° a s�U N y .a •o � � C O � N �w= c o� N M t N o g a � � U oz� `o N O�0 d s c w O u w A a C � ti A•U 6 1' E d C C y W V 4 R a W N O ^O W t" m � V y � R a U a w' 0 Y y O V C a p d u, CV r y a w c O a a a C � U N d •V W d d a w Y a � R �z V c � N a ,Z10 El �waz W v 0 A w�. N y c ° U ty N C � n v L G C O m U r (ice+ vi G G A y b F C .. •� s. 4 � u U Yd� �wE EyT •N i. S'n d m O i3 V Y � � 'w c T Uj N � ° a s�U N y .a •o � � C O � N �w= c o� N M t N o g a � � U oz� `o N O�0 d s c w O u w A c D d � o ti A•U qq9 d C W W T ti N 0 O t" m � V y � G a w' 0 d c a :? N r a a w U O � C 3 W d W a � d �z v 0 A w�. N y c ° U ty N C � n v L G C O m U r (ice+ vi G G A y b F C .. •� s. 4 � u U Yd� �wE EyT •N i. S'n d m O i3 V Y � � 'w c T Uj N � ° a s�U N y .a •o � � C O � N �w= c o� N M t N o g a � � U oz� `o N O�0 d s c w O u w A RESOLUTION NO. 45 -03 -11594 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF INTENT TO PURCHASE REAL ESTATE FOR THE ACQUISITION OF THE HAMMOCK HOUSE AND ALLOW THE CITY MANAGER TO ENTER INTO NEGOTIATIONS AS REQUIRED TO PROCEED WITH THE ACQUISITION OF THE HAMMOCK HOUSE PROPERTY LOCATED AT 7800 S.W. 59Tn AVENUE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami received grant funding from the Office of Safe Neighborhood Parks (SNP) in the amount of $200,000 as well as the Land and Water Conservation Fund (LWCF) in the amount of $150,000 to acquire the Hammock House property; and WHEREAS, the appraised value of the property exceeds the total funding available; and WHEREAS, in consideration of the limited funding available, the SNP and the LWCF have authorized the City to acquire 1/3 of the property provided that the City enter into a two - year option agreement with the Seller; and WHEREAS, the City and the Seller have negotiated terms for the sale of the property that agreeable to all interested parties, including the grant agencies; and WHEREAS, the City and the Seller wish to execute a Letter of Intent outlining the conditions of the sale; and WHEREAS, the City bad previously entered into an option agreement with the seller which expired December 31, 2002; and WHEREAS, time is of the essence for this transaction and the City wishes to move rapidly with the acquisition process. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. The City Manager is authorized to execute the Letter of Intent for the acquisition of the Hammock House property located at 7800 S.W. 59t° Avenue. Section 2. The City Manager is allowed to enter into negotiations on behalf of the City as required to proceed with the acquisition of said property. Page 2 of Res. NO. 45 -03 -11594 Section 3. This resolution shall take effect immediately upon arrival. PASSED AND ADOPTED this 18th day of March , 2003. a READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: IeYOBS Commission Vote: 5 -0 Mayor Feliu: Yea Vice Mayor Russell: Yea Commissioner Bethel: Yea Commissioner McCrea: Yea Commissioner Wiscombe: Yea Page 2 of 2 South Miami CrrY OF SOUTH MIAMI. INTER-OFFICE MEMORANDUM a Amefl'CRf III F, 2001 To: Honorable Mayor, Vice Mayor Date: March 18, 2003 and City Commission IS From: Sanford A. Yonkilis Subject: Agenda Item #_ Acting City Manager Approval of the Letter of Intent for the Hammock House Property REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF INTENT TO PURCHASE REAL ESTATE FOR THE ACQUISITION OF THE HAMMOCK HOUSE AND ALLOW THE CITY MANAGER TO ENTER INTO NEGOTIATIONS AS REQUIRED TO PROCEED WITH THE ACQUISITION OF THE HAMMOCK HOUSE PROPERTY LOCATED AT 7800 S.W. 59TH AVENUE; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The City has received two grants for the acquisition of the Hammock House property totaling $350,000. The City also committed and additional $50,000 of its own funding to purchase the property. However, the appraisal report commissioned by the City indicated the property's market value is $840,000, far exceeding the total funding available. Consequently, the City requested authorization from the grant agencies to acquire the vacant portion of the property consisting of approximately one -third of the property at a cost of $280,000. Both grant agencies have approved the City's request. After several meetings with the sellers, the City is ready to present a Letter of Intent to Purchase Real Property outlining the conditions of the sale as mutually agreed by the City and the Seller. in addition to other conditions, the letter includes a provision which allows the City a two -year option to purchase the property. This provision will be included in the contract as required by the SNP. A draft of the Letter of Intent to Purchase Real Property, which includes a copy of the survey and the original 2001 Resolution, is attached for your reference. RECOMMENDATION Approval is recommended. Attachment: Letter of Intent to Purchase Real Property SAY /OC � A LETTER OF INTENT TO PURCHASE RZEAL PROPERTY The purpose of this letter is to set forth some of the basic terms and conditions of the proposed purchase by the City of South Miami (the "Buyer ") of approximately one -third of the certain real estate located at 7800 S.W. 590' Avenue, South Miami, Florida 33143, further described in Section 2 of this Letter entitled "Description of Property ". The terms set forth in this Letter will not be legally binding until such time as the City Commission approves and authorizes a more detailed "Purchase Agreement ". 1. SELLER. Mr. Garrett Van Smith, Mr. Anthony Van Smith, as Trustees of that certain Declaration of Trust dated March 15, 1968. 2. DESCRIPTION OF PROPERTY Folio No.- 09- 4036 -039 -0020 Area proposed for initial acquisition: Lots 11, 12, and 13 as further identified in Attachment "A" 3. PRICE In consideration of the previous payments made by the Buyer on behalf of the Seller, as specified in Resolution No. 169 -01 -11317 incorporated hereto as Attachment "B ", the proposed purchase price for the initial acquisition is $280,000, or an amount equal to one -third of the appraised market value as specified in the appraisal commissioned by the City, dated September 27, 2002. 4. SPECIAL CONDITIONS As agreed by the Buyer and the Seller, the special conditions of the proposed acquisition are as follows: a) During a period of two years after the date of closing ("option period "), the Buyer will have the exclusive right to exercise the option to acquire the remaining two- thirds of the property, otherwise identified as lots 7, 8, 9, 10, 16, 17, 18, and 19 in Attachment "A" and further described in the "Purchase Agreement" document. Buyer agrees to re -plat said property at no additional cost to the Seller as provided in the "Purchase Agreement" document. For the duration of the option period, the Buyer agrees to pay the ad valorem taxes for the nonexempt remaining" two- thirds of the property. b) In the event the Buyer chooses to exercise the option to buy, the Buyer agrees to purchase the remaining two- thirds of the property for an amount no less than or exceeding $560,000. Furthermore, Mr. Garret Van Smith will be allowed to reside in the existing structure until his death or voluntary moving. At which time, the Buyer is free to determine whether to keep or demolish the structure. c) The Buyer proposes to acquire this property for the purpose of establishing a passive park in accordance with the grant agreements between the City of South Miami and the Land and Water Conservation Fund and the Office of Safe Neighborhood Parks. That such park shall be named the "Van Smith Park". Page 1 of 2 d) The Buyer agrees to pay all closing costs related to this transaction as provided in the "Purchase Agreement" document. e) The Seller will be responsible for any and all past due taxes, loans, and liens still outstanding at the time of closing, with the exception of the past due ad valorem taxes for calendar year 2000 estimated at $7,000. Said expense will be assumed by the Buyer as specified in the "Purchase Agreement" document. 5. STAND STILL: Seller shall not initiate or carry on negotiations for the sale of the Real Estate with any party other than Buyer unless either: (1) Buyer and Seiler fail to enter into a binding Purchase Agreement by or (2) Buyer and Seller agree in writing to abandon this Letter of Intent. Said Purchase Agreement shall fully set forth the final terms and conditions of the sale and sale option consistent with the terms of this Letter of Intent. The undersigned hereby accept the general terms contained in this Letter of Intent. That this document shall become effective this day of 2003. BUYER: Signature Name and Title Agency Name Date SELLER: Signature Garrett Van Smith, Trustee Printed Name Signature Anthony Van Smith, Trustee Printed Name Page 2 of 2 LETTER OF INTENT TO PURCHASE REAL PROPERTY ATTACHMENT "A" i APPRA.I Mugs J-11 10,:.. M 2• 3q ga M SAL REPORT ADDENDUM I i I , e' 4I j ja � ttj � 0 C I G I , e' 4I j ja � ttj � 0 C G g 5 Rig C -N Y I a rIm ro I- nix rtmrxu R2�pp�� 4 i �j�Wj°J+ M 3.W EVlh AVENUE s eg^ s ^s . CON M� a� s ro I • CWro .�+ tPHO� Sim >� y s SURVEY I , e' � 0 C G m C a rIm < I • i i fi r • O n A M M a 4 LETTER OF INTENT TO PURCIiASE REAL PROPERTY ATTACHMENT "B" RESOLUTION NO. 45 -03 -11594 A RESOLUTION OF THE MAYOR AND CITY COMMSSION OF THE CITY OF SOUTH MtAiVII, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF INTENT TO PURCHASE REAL ESTATE FOR THE ACQUISITION OF THE HAMMOCK HOUSE AND ALLOW THE CITY MANAGER TO ENTER INTO NEGOTIATIONS AS REQUIRED TO PROCEED WITH THE ACQUISITION OF THE HAMMOCK HOUSE PROPERTY LOCATED AT 7800 S.W. 59T" AVENUE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami received grant funding from the Office of Safe Neighborhood Parks (SNP) in the amount of $200,000 as well as the Land and Water Conservation Fund (LWCF) in the amount of $150,000 to acquire the Hammock House property; and WHEREAS, the appraised value of the property exceeds the total funding available; and WHEREAS, in consideration of the limited funding available, the SNP and the LWCF have authorized the City to acquire 1/3 of the property provided that the City enter into a two - year option agreement with the Seller; and WHEREAS, the City and the Seller have negotiated terms for the sale of the property that agreeable to all interested parties, including the grant agencies; and WHEREAS, the City and the Seller wish to execute a Letter of Intent outlining the conditions of the sale; and WHEREAS, the City had previously entered into an option agreement with the seller which expired December 31, 2002; and WHEREAS, time is of the essence for this transaction and the City wishes to move rapidly with the acquisition process. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. The City Manager is authorized to execute the Letter of Intent for the acquisition of the Hammock House property located at 7800 S.W. 59a' Avenue. Section 2. The City Manager is allowed to enter into negotiations on behalf of the City as required to proceed with the acquisition of said property. Page 2 of Res. No. 45 -03 -11594 Section 3. This resolution shall take effect immediately upon arrival. PASSED AND ADOPTED this 18th day of March 2003. X T � . READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: OR dp Commission Vote: 5 -0 Mayor FeHu: Yea Vice Mayor Russell: Yea Commissioner Bethel: Yea Commissioner McCrea: Yea Commissioner Wiscombe: Yea Page 2 of 2 CITY OF SOUTH. WAMI INTER OFFICE MEMORANDUM To. Honorable Mayor, vice Mayor Date: and City Commission ��( From: Sanford A. Youkilis Subject: �i' Acting City Manager 2001 March 18, 2003 %� Agenda Item #! Approval of the Letter of Intent for the Hammock House Property BEST SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF INTENT TO PURCHASE REAL ESTATE FOR THE ACQUISITION OF THE HAMMOCK HOUSE AND ALLOW THE CITY MANAGER TO ENTER INTO NEGOTIATIONS AS REQUIRED TO PROCEED WITH THE ACQUISITION OF THE HAMMOCK HOUSE PROPERTY LOCATED AT 7800 S.W. 591" AVENUE; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The City has received two grants for the acquisition of the Hammock House property ,00 totaling $350,000. The City also committees a �nss oned f ithe ty indicated purchase the property. However, the app report available. the property's market value is $840,000, far exceeding the total funding Consequently, the City requested authorization from the grant agencies to acquire the vacant portion of the property consisting of approximately one -third of the property at a cost of $280,000. Both grant agencies have approved the City's request. After several meetings with the sellers, the City is ready to present a Utter b the Intent to Purchase Real Property outlining the conditions of the sale as mutually agreed y City and the Seller. In addition to other conditions, the letter includes a provision which allows the City a two -year option to purchase the property. This provision will be included in the contract as required by the SNP. A draft of the Letter of Intent to Purchase Real Property, which includes a copy of the survey and the original 2001 Resolution, is attached for your reference. RECOMMENDATION Approval is recommended. Attachment: Letter of Intent to Purchase Real Property I E R OF INTENT TO PURCHASE REAL PROPERTY The purpose of this letter is to set forth some of the basic terms and conditions of the proposed purchase by the City of South Miami (the "Buyer') of approximately one -third of the certain real estate located at 7800 S.W. 59'� Avenue, South Miami, Florida 33143, further described in Section 2 of this Letter entitled "Description of Property"• The terms set forth in this Letter will not be legally binding until such time as the City Commission approves and authorizes a more detailed "Purchase Agreement °'. 1. SELLER. W. Garrett Van Smith, Mr. Antbony Van Smith, as Trustees of that certain Declaration of Trust dated March 15, 1968. 2. DESCRIPTION OF PROPERTY Folio No: 09 -4036- 039 -0020 Area proposed for initial acquisition: Lots 11, 12, and 13 as further identified in Attacbment "A" 3. PRICE In consideration of the previous payments made by the Buyer on behalf of the Seller, as specified in ResolutionNo. 169 -01 -11317 incorporated hereto as Attachment B , the proposed purchase price for the initial acquisition is $280,000, or an amount equal to one -third of the appraised market value as specified in the appraisal commissioned by the City, dated September 27, 2002. 4. SPECIAL CONDITIONS As agreed by the Buyer and the Seller, the special conditions of the proposed acquisition are as follows: a} During a period of two years after the date of closing ( "option period "), the Buyet will have the exclusive right to exercise the option to acquire the remaining two - thirds of the property, otherwise identified as lots 7, 8, 9, 10, 16,17, 19, and 19 in Attachment "A" and further described in the "Purchase Agreement" document. Buyer agrees to re -plat said property at no additional cost to the Seller as provided in the "Purchase Agreement" document. For the duration of the option period, the Buyer agrees to pay the ad valorem taxes for the nonexempt remaining two - thirds of the property. b) In the event the Buyer chooses to exercise the option to buy, the Buyer agrees to purchase the remaining two - thirds of the property for an amount no less than or exceeding $560,000. Furthermore, Mr. Garret Van Smith will be allowed to reside in the existing structure until bis death or voluntary moving. At which time, the Buyer is free to determine whether to keep or demolish the structure. c) The Buyer proposes to acquire this property for the purpose of establishing a passive park in accordance with the grant agreements between the City of South Miami and the Land and Water Conservation Fund and the Office of Safe Neighborhood Parks. That such park shall be named the "Van Smith Park ". Pace t of 2 d) The Buyer agrees to pay all closing costs related to tbis transaction as Provided in the "Purchase Agreement" document. e) The Seller will be responsible for any and all past due taxes, loans, and hens still outstanding at the time of closing, with the exception of the past due ad valorem taxes for calendar year 2000 estimated at 57,000. Said expense will be assumed by the Buyer as specified in the "Purchase Agreement" document. 5. STAND STILL: Seller shall not initiate or carry on negotiations for the sale of the Real Estate with any party other than Buyer unless either. (1) Buyer and Seller fail to enter into a binding Purchase Agreement by , or (2) Buyer and Seller agree in writing to abandon this better of Intent. Said Purchase Agreement shall 11111y set forth the final terms and conditions of the sale and sale option consistent with the terms of this Letter of Intent. The undersigned hereby accept the general terms contained in this 2003 Letter of Intent. That this document shall become effective this day of Signature Name and Title Agency Name Date. SELLER: Signature Garrett Van Smith, Trustee Printed Name Signature Anthony van Smith, Trustee Printed Name Pave 2 of') ATTACHMENT "A'> saw RAISAL REPORT. r ears pr i O M• C Ra . s 12 6 w g 4 u a n s 0 9H i ayp C !�jjyy �MpM 11 •��M ,rgY� W �g •yH "d eta .- w b� p egg ADDENDC7M - s &W 51916 AVENUE r' a! r� a � U C I K t j t Ck SURVEY m ,4 0 n "s ro O rti .yr r' LE R OF NT TO pURCHASE REAL PROPERTY ATTACHMENT " B" RESOLUTION NO. 169-01-11317 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO REAL PROPERTY; APPROVING AN AMENDMENT TO A CONTRACT TO PURCHASE 7$00 SW 59 AVENUE [HAMMOCK HOUSE), EXTENDING OPTION PERIOD TO DECEMBER 31, 2002, AUTHORIZING PAYMENT OF 1999 AD VALOREM TAXES IN THE AMOUNT OF $7,28330 PLUS ADDITIONAL ACCRUED INTEREST FROM OCTOBER 31, 2001 TO THE DATE OF PAYMENT; AND CHARGING ACCOUNT NOf 100 -519 -9920; PROVIDING AN EFFECTIVE DATE. See r,-<•,--D af1- 4t"-d -, WHEREAS, on January 16, 2001 the Mayor and City Commission of the City of South Miami approved Resolution No. 14 -01 -11162 approving an option contract to purchase I real . estate located at 7800 SW 59 Avenue, commonly referred was the Hammock House•, and, WHEREAS, the contract grants the City an exclusive option to purchase the property by December 31, 2001 upon payment by the City of 1998 ad valorem taxes, at a price to be determined by averaging the estimated fair market value of the property given by one to three appraisers, and upon the City accomplishing a transfer of title by trust and probate proceedings, or otherwise as counsel for the City deems appropriate; and, WHEREAS, the contract may be extended to December 31, 2002 upon payment by the City of the 1999 ad valorem taxes; and, WHEREAS, the City agreed to advance the cost of counsel for the Van Smith heirs for an amount not to exceed $1,800; and, WHEREAS, the costs of the 1999 and 2000 taxes, '/z of the appraisal fees and the Van Smith counsel fees will be credited to the amount owed by the City at the time of closing; or, in the event the City does not purchase the property, the taxes and counsel fees (but not appraisal fees) will be reimbursed to the City, and, WHEREAS, the City desires to extend the option period to December 31, 2002 and to amend the contract to effect the extension and several other changes. NOR' THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The option period is extended to December 31, 2002. The Addendum to Option, to Purchase Real Estate, which is attached to this resolution as App.l is approved. The City Manager is authorized and directed to execute the amendment on behalf of the City of South Miami. Section 2. The City Manager is directed to pay the 1999 ad valorem aacccrruedd interer� from the tax October certificate 1, 2 Ol to the data of$payment, plus nd to charge Account No. 2100 -519 -9920. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 6thday of November. , 20 01 ATTEST: CITY1 J .._ READ AND APPROVED AS TO FORM: CLTY ATTORNEY APPROVED:.;, �iA OR r, COMMISSION VOTE: 5 -0 Mayor Robaina: Yea vice Mayor Feliu: Yea Commissioner Wiscombe: Yea Commissioner Bethel :. Commissioner Russell: Yea Res. 0169 -01 -11317 Page 2 of 2 RESOLUTION NO. 93- 0_L_11 U2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT FOR SALE AND PURCHASE FOR THE ACQUISITION OF THE EAST 113 OF THE PROPERTY LOCATED AT 7800 S.W. 59 AVENUE OTHERWISE KNOWN AS THE "HAMMOCK HOUSE"; ALLOWING THE CITY MANAGER TO IMPLEMENT THE TERMS AND CONDITIONS OF SAID CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami desires to acquire the property located at 7800 S.W. 59a' Avenue, otherwise known as the Hammock House, for the purpose of establishing a passive park for benefit of the community at large; and WHEREAS, the City of South Miami received grant funding from the Office of Safe Neighborhood Parks (SNP) in the amount of $200,000 as well as the Land and Water Conservation Fund (LWCF) in the amount of $150,000 to acquire the Hammock House property; and WHEREAS, in consideration of the appraised value of such property, the grant agencies have authorized the City to acquire 1/3 of the property provided that the City enter into a two - year option agreement with the Seller; and WHEREAS, the City has successfully negotiated the acquisition of the east 1/3 of the property for the amount of $280,000, and WHEREAS, the City Commission previously passed Resolution No. 45 -03 -11594 , hereby attached as Attachment B, approving the Letter of Intent to Purchase Real Property, which outlines the terms and conditions of the transaction; and WHEREAS, the City is ready to enter into a Contract for Sale and Purchase for the purpose of acquiring such property. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. The City Manager is authorized to execute the Contract for Sale and Purchase, attached hereto as Attachment A, for the easterly 1/3 of the property located at 7800 S.W. 59a` Avenue, known as the Hammock House. Section 2. The City Manager is allowed to implement the terms and conditions outlined in such contract. 93- 03- 11642 Section 3. This resolution shall take effect immediately upon arrival. PASSED AND ADOPTED this 10th day of June 2003. ATTEST: ITY CLERK el READ AND APPROVED AS TO FORM: APPROVED: YOR Page 2 of 2 Commission Vote: 4 -0 Mayor Feliu: Yea Vice Mayor Russell: Yea Commissioner Bethel: Yea Commissioner McCrea: out of room Commissioner Wiscombe: Yea south Miami NlAmet�acitY 2001 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM Excellence, Integrity and Inclusion To: Honorable Mayor, Vice Mayor Date: June 10, 2003 and City Commission From: Sanford A. Youkilis Subject: Agenda Item #� Acting City Manager U Approval of the Contract for Sale and Purchase of the Hammock House Property REQUEST A RESOLUTION OF . THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT FOR SALE AND PURCHASE FOR THE ACQUISITION OF THE EAST 1/3 OF THE PROPERTY LOCATED AT 7800 S.W. 59 AVENUE OTHERWISE KNOWN AS THE ,HAMMOCK HOUSE'; ALLOWING THE CITY MANAGER TO IMPLEMENT THE TERMS AND CONDITIONS OF SAID CONTRACT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The City of South Miami has been interested in purchasing the Hammock House property located at 7800 S.W. 59th Avenue, known as the Hammock House in an effort to establish a passive park and preserve the natural elements of the property. For this purpose, the City received $350,000 in grant funds and previously entered into a Letter of Intent to Purchase Real Estate property, which outlines the terms and conditions of the sale. At this point, the City is ready to finalize the transaction and enter into a Contract for Sale and Purchase of the property. The contract was drafted by Attorney George Lott, and was subsequently reviewed by Mr. Gallop. Based on the appraised value of the property, the negotiated sale amount for the east 1/3 of the property is $280,000. RECOMMENDATION Approval is recommended. Attachments: Contract for Sale and Purchase Resolution No, 45 -03 -11594 SAY /OC ATTACHMENT "A" MAY. -23' 03(FRI) 13:58 PRT, P. 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A. , MIAMI, F TEL:305 6701410 P.007 Pun new[. =aIAI M I lIPMbAV' I IVrrb 9t Vi 114 M U pre all a ton. 11 ariumpochoma RaMa MOPest 1 bAbsr.kom.elwnQ �yera110phfdYa im W.. c p5mw9dlha.. min axread me D armoo nrmohaw Bm M&a, d Und rav coo bd %otlan end combs a lWnd dl a antlerpreschao Peat CvnmhVP orbot d, d no w tloae,Netl m p.ap�h VP hareoi, puo I ppaoym am wlere rad dovaloa at pre Iowa$ s Intamauen Shia bs WILO W by$Obr to a" 7np, tlalivar aM amBn Mtl mlpna7 k s ws to BBym. p' ..ohop Md+emenl, doinm. pen apety w. ..nb p mgvl,shop. if a mvtpmpeMhw m. s "thilraarom, Charo tS mA mawwimah m W olArma+p That oil Mnerpas for MpravmmlM a too m MB ran P0406p ApSM7 dpsiBwldtlby SVaer. MY imm padods prodtldtl im heron vlrrdt oheA CL o vfleodM& heed. Ma mnnpdBed oebppdm68B Id w W Tl W. as appmpdme w Ina slat. al $004 "19A .wtermtl by n absolute 40 oreab wM-. -M pPM cftd bNo n.dfa "b. ch m.lh than e vwomba, W 8dror or w lCh hero nsl W04 Sun 06 03 OS:23p fort & Levine (SOS) S70 -0701 P.2 A )UM TO, +. 3INITRAMFOR c � AND PU44 IAA5E is This Addendum to Contract for Sale and Purchase (theby and between made and entered into as Of the - _ e Y f une, GARRETr VAN SMITH and ANTONY VAN SMrrH, Co- Trustees ( "Sellers"), and the City of South Miami ("Buyer"). WITNESSE17H: and entered into a Contract for Sale and Purchase (the Contractj;1and executed terms nd provisions Sellers he Contract as more particularly set forth herein. certain NOW, THEREFORE, in consideration of the mutual covenants contained sufficiency Of herein, and other good and which is hereby acknowledged,) consideration Sellers and Buyer hereby agreeto modify and amend the Contract as follows: 1. In consideration of Buyer forgiving the obligation of Sellers to repay Contract and Selleroand Buyer agree ythat the SPurchase prices for the Real property is $280,000.00, an amount equal to one -third of the appraised market value as specified In the appraisal commissioned by the Buyer, dated September 27, 2002. 2. Unless Buyer sooner exercises its option and doses on the west 2/3s of the property described in Exhibit "A", Buyer shall, at its sole expense, use Its good faith efforts F "o constituting the west 2 13s of the Property described in Exhibit A "nto tw)buildable, stogie Family tots of not less than 100 feet each of frontage on S.W. 78 Street within one year of the closing on the Property. As used herein, "re-plat" shall also mean "waiver of plat", if same shall permit use of the property as two residential lots as described above. The rights of Buyer to purchase the west 2/3s of the property described in Exhibit "A" pursuant to the attached Option to Purchase Real Estate are conditioned on Buyer either closing on the west 213s of the property described in Exhibit "A" or using its good faith best efforts to re -plat same as described above within one year after the dosing on the property (i.e., the east 1/3 of the property described in Exhibit "Ao). Buyer w li not do anything now or at any time in the future (which obligation shall survive any termination of this Contract, the Option Agreement, or Otherwise), to hinder any owner's right to re-plat such property into 2 buildable lots. The Buyer believes that the western 2/3s of the property described in Exhibit '%a meets all requirements for re- platting to two (2) single family lots, including setbacks and utility availability; however, approval of re- platting shall be the decision of the appropriate governmental board or entity which Buyer cannot guarantee other than to represent it will recommend to said board or entity that it approve the request for re-platting and to use its good With best efforts to obtain approval of the request for re- platting by such board or entity. Seller agrees and understands that the approval of a request to repiat the western 2J3s of the property shall be up to said governmental board or entity, and not the decision of the Buyer. The Seiler agrees to reasonably cooperate with Buyer, including signing any applications or other documents required to re -plat the west 2/3s ess of the properly described in Exhibit "A ": Buyer described In n Exhibitl"A" of whether or not the west 2J3s of the property scr b are re- platted into 2 lots, Buyer shall waive any setback requirements Jun 08 03 05:23P Lott & Levine [30si 870 -0701 P•3 relating to the existing home on the property and provide any variance required to maintain same during the lifetime of Garrett Van Smith. 3. The Buyer proposes to acquire this property for the purpose of establishing a passive park in accordance with the grant agreements between the Buyer and the Land and Water Conservation Fund, and the Office of Safe Neighborhood Parks. Buyer agrees that such park shall be named the "Van Smith Park" In neroebiity. 4. The Buyer agrees to pay all closing costs related to this transaction, policyittoo be Issued by Stephen De Pea on at promulgated Insurance rates. 5. liven Seller utstanding att the timie of losing onithe heal P operty, with the exception of the past due ad valorem taxes for calendar year 2001, estimated at $7,500, which will be paid by Buyer on or before closing on the Real Property. 6. The Real Property is being sold and purchased in an "As Is" condition. 7...,A.uce nF v RY TRIAL. THE PARTIES BY THEIR ACCEPTANCE HEREOF VOLUNTARILY, KNOWINGLY AND INTENTIONALLY WAIVE ANY AND ALL RIGHTS TO TRAIL BY JURY IN ANY LEGAL ACTION OR PROCEEDING ARISING UNDER THIS CONTRACT OR PERTAINING TO ANY PN ERR CONTEMPLATED WHETHER SUCH ACTION ORPROCEDING REGARDLESS O CONCERNS ANY CONTRACTUAL, TORTIOUS OR OTHER CLAIM OF WHATEVER KIND WHATSOEVER. THE PARTIES ACKNOWLEDGE THAT THIS WAIVER OF ARTY ENTERING �INTO THIS CONTRACT WITH EACH OTHER, THAT THEY THIS URY TRIAL WAIVER,, ENTERED D THAT THEY EACH HAVE HAD AN. OPPORTUNITY TO CONSULT WITH AN ATTORNEY IN CONNECTION WITH THIS JURY TRIAL WAIVER AND UNDERSTANDS THE LEGAL EFFECT OF THIS WAIVER. Except as modified hereby or Sale and Purchase hall remain the same. In the event of any conflict between the terms of the Contract and this Addendum, the terms of this Addendum shall prevail. IN WITNESS WHEREOF, each of the parties have set their seals upon the dates Indicated hereinbelow, and the parties executing this Addendum hereby represent to the other that they have full and complete authority to execute the same on behalf of the entities for which they sign. Signed, sealed and delivered in the presence of: By: As to BUYER BUYER: THE CITY OF SOUTH MIAMI Date:________--- SELLER: GARRETT VAN SMITH, Trustee As to SELLER Date:___.._— Jun 06 03 O5:E3p Lott 6 Levine (305) 670 -0701 p.4 ANTONY VAN SMM, Trustee Date: AS to SELLER Sun 06 03 05%24p Lott 6 Levin, 13051 670-0701 P'5 (PT *OA TO PUMASm 1tFAL ESTATE This Option Agreement is made and entered as of the _ day of lure, 2Do3, by and between Mr. Garrett Van Smith and Antony van Smith as Co- Trustees of the Howard and Anne Van Smith Declaration of Trust dated 3/16168 C'Sellers') and the City of South Miami, a Florida Municipal corporation COW")- x. For and in consideration ffier dthe ed) which payment m infthe 2001 oximate amount of for the Properly $7,500.00, including penalties and Interest, and clasing on the east 1/3 of the Land at 7800 S.W. 59 Avenue, South Miami, Florida and other good and valuable consideration, the receipt and sufficiency of which option is here ckowl edged, Sellers grant the City of South Miami (the "CW) an x SouthrlMiamii,- Florida Of 3143, r n Mama D de County, State of Florida, gand legally described as: All of Lot 12 and the North 22.59 feet of Lot 18, in Block 6, of AMENDED, PIAT OF PALM MIAMI HEIGHTS, according to the Plat thereof, recorded in Plat Book 25, at Page 37, of the Public Records of Miami -Dade County, Florida; and The East 1/2 of Tract 6, less the South 125 feet thereof, of REVISED PLAT OF A PORTION OF THE AMENDED PLAT OF PALM MIAMI HEIGHTS, as recorded In Plat Book 43, at Page 37, of the public Records of Miami-Dade County, Florida (the "Property"). u. Subject to the City: (a) paying the outstanding 2001 ad valorem taxes on the Property and closing on the in o two (2) the as described in the Its Addendumt withe n efforts to eaptat the Property the first year of the to Option tax Period unless City y rioretolitheir becoming delinquent paying h real estate taxes pa the Property p during the Option Period, the parties hereto covenant and agree that the City shall have the right to exercise this Option at any time prior to the two year anniversary date of the closing on the City's purchase of the easterly one -third of the Property, hereinafter pnt. referred o as ercise its exclusive "right o purchase the DP for the any Property. The City may time during the Option Period " by giving thirty (30} day written notice to Sellers. As ud herein, "re-Plat' shall of the property as two residential lots as described In the Addendum permit use xxx. The Sellers should convey good and marketable title to the Property to the City in accordance with the attached Standards for Real Estate Transaction which are Incorporated as the Property hail be conveyed n "as s" physical condition. Pt for warranties of title, IV. City shall survey the Property at its expense prior to closing. Such survey shall create a separate legal description for the home and a 10 foot area surrounding the home for which Mr. Garrett Van Smith shall retain an irrevocable license. Jun 06 03 OSe24p Lott % Levine t305) 670 -0701 p•6 V. At closing, Mr. Garrett Van Smith shall receive an Irrevocable license to reside in the home located on the Property together with exclusive access easement to allow for Mr. Garrett Van Smith egress and ingress to the home. In exchange for such rights, Mr. Garrett Van Smith agrees to care for and guard the Property, Including the home, during his lifetime or until his rights are voluntarily relinquished In writing, as he deems fit and suitable. Mr. Garrett Van Smith shag not pay city for his irrevocable license and easement rights and same shall be personal to Mr. Garrett Van Smith and shall expire upon his death or voluntary relinquishment of such rights In writing, or abandonment, whichever shall occur first. Abandonment shall be defined as not living in the home for more than six months unless Mr. Garrett Van Smith has been hospitalized, or is otherwise physically not residing in the home but provides the City with written notice of his intention to return to the home. For purposes of this Agreement, permanently residing in an assisted care, living facility shall not meet the definition of hospitalized. Mr. Garrett Van Smith' shall pay for the maintenance, utilities and repair of the home on the property as he deems fit, during the period of his use of same and City shall pay, the costs of maintaining the land at all times after closing. In addition, City shall have the right to repair and maintain the home if it deems Mr. Garrett Van Smith's repairs and maintenance Inadequate and if Mr. Garrett Van Smith has no objection to such . repairs and maintenance. During the lifetime of Mr. Garrett Van Smith, the City shall use the Property only as a passive, nature park. This provision shall survive closing. VI. City shall pay for documentary stamps on the deed, any surtax due on the deed, for an owner's title insurance policy to be Issued by Stephen D. Pearson, Esq., at promulgated rates, for all taxes on the Property, including for the year of dosing, and all other dosing costs except for any fees and costs due Stephen D. Pearson In connection with his representation of Sellers in this Option Agreement. Sellers shall not file or permit to be filed any daims of lien against the Property prior to dosing. After payment of fees and costs due Stephen D. Pearson, Esq. in this matter, the net sales proceeds shall be divided and paid in equal amounts to each of the beneficiaries of the Howard and Anne Van Smith Declaration of Trust. Vii. All notices, demands and/or consents provided for In this Option Agreement shall be In writing and shall be delivered to the parties hereto by hand or by United States Mal with postage pre-paid, All notices to Sellers shall be addressed to Sellers c/o: Stephen D. Pearson, Esq., 12401 South Dixie Highway, Pinecrest, Florida 33156, unless changed by written notice to City. All notices to City shall be addressed to the City Attorney at Nagin Gallop Figueredo, 3225 Aviation Avenue, Suite 301, Miami, Florida 33143, unless changed by written notice to Sellers. The parties agree to keep each other reasonably apprised of the status of this matter and each parties efforts to achieve the dosing contemplated hereunder, which each party agrees to pursue in good faith. City shall give Sellers not less than 15 days notice of the date it desires to 'dose the purchase contemplated by this Option Agreement. VIII. This Option Agreement shall be governed by and construed in accordance with the laws of the State of Florida. IX. The Parties represent and warrant that they have dealt with no broker, agent or other person In connection with this transaction. Jun 06 03 05:24P Lott & Levine [305) 670 -0701 P•7 X. This Option Agreement contains all of the terms, promises, covenants, conditions and representations made or entered into by or between Sellers and the City and supersedes all prior discussions and agreements whether written or oral between Sellers and the City with respect to the Option Agreement and all other matters contained herein and constitutes the sole and entire agreement between be Sellers and the City with respect thereto. This Option Agreement may not forth in writing executed such amendment is by both Sellers and thelCity with the formalities set of. This option Agreement may be executed in counterparts. XI. wTARIL , KNOWINGLY AND INTENTIONALLY WAIVE ANY AND ALL RIGHTS TO VOLUNTARILY, TRAIL BY JURY IN ANY LEGAL ACTION OR PROCEEDING ARISING UNDER THIS OPTION AGREEMENT OR PERTAINING TO ANY TRANSACTION RELATED TO OR CONTEMPLATED THEREBY, REGARDLESS OF WHETHER SUCH ACTION OR PROCEEDING CONCERNS ANY CONTRACTUAL, TORTIOUS OR OTHER CLAIM OF VETL THE OF WHATEVER JURY TRIAL IS A MATERIAL INDUCEMENT TO ACKNOWLEDGE THAT THIS WAIVER EACH PARTY ENTERING INTO THTHIS OPTION AGREEMENT WITH EACH OTHER, THAT THEY WOULD NOT HAVE ENTERED INTO THIS OPTION AGREEMENT WITHOUT THIS JURY TRIAL WAIVER, AND THAT THEY EACH HAVE HAD AN OPPORTUNITY TO CONSULT WITH AN ATTORNEY IN CONNECTION WITH THIS JURY TRIAL WAIVER AND UNDERSTANDS THE LEGAL EFFECT OF THIS WAIVER. IN WITNESS WHEREFORE, the parties have hereunto set their hands and seats this day of May, 2003. Signed, sealed and delivered In the presence of: 3z As to BUYER Asto SELLER As to SELLER BUYER: THE CITY OF SOUTH MIAMI Date:_._-- SELLER: GARRETr VAN SMirH, Trustee Date ANTONY VAN SMITH, Trustee Date: nay e7 us us:02P Lott 6 Levine t305i 670 -0701 P.1 EXHIBIT "A" All of Lot 12 and the North 22.59 feet of Lot 18, in Block' 6, of AMENDED PLAT OF PALM MIAMI HEIGHTS, according to the Plat thereof, recorded in Plat Book 25, at Page 37, of the Public Records of Miami -Dade County, Florida; AND The . 1/2 of Tract 6, less the South 125 feet thereof, of EVISED PLAT OF A PORTION OF THE AMENDED PLAT OF PALM MIAMI HEIGHTS, as recorded in Plat Book 43, at Page 37, of the Public Records of Miaml -Dade County, Florida (the "Property"). ATTACHMENT "B" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 RESOLUTION NO: 104 -03 -11653 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING PAYMENT OF 2001 AD VALOREM TAXES IN THE AMOUNT OF $7,441.85 FOR THE PROPERTY LOCATED AT 7800 S.W. 59TH AVENUE (ALSO KNOWN AS THE HAMMOCK HOUSE); CHARGING ACCOUNT NUMBER 001-2100 - 519 -9920, ENTITLED "GENERAL CONTINGENCY "; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of South Miami adopted Resolution No. 93 -03 -11642 during its regular meeting on June 10, 2003 approving the Contract for Sale and Purchase for the acquisition of the vacant 1/3 of the property located at 7800 SW 59 Avenue, otherwise known as the "Hammock House ", and WHEREAS, pursuant to the conditions of sale as indicated on the approved Letter of Intent and the Contract for Sale and Purchase, the City has agreed to pay the property owner the overdue Ad Valorem taxes for the year 2001 in the amount of $7,441.85, and WHEREAS, in consideration of the ad valorem tax payment, the property owner agreed to enter into a two -year option period allowing the City additional time to purchase the remaining 2/3 of the property. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. The City Manager is authorized disburse the amount of $7,441.85 from account number 001 -2100- 519 -9920, entitled "General Contingency ". Section 2. This resolution shall take effect immediately upon arrival. PASSED AND ADOPTED this 17th day of June' , 2003. i ;��1IJ1 READ AND APPROVED AS TO FORM: 45 46 CITY ATTORNEY APPROVED: YOR Comrmssion Vote. 5-0 Mayor Feliu: Yea Vice Mayor Russell: Yea Commissioner Bethel: Yea Commissioner McCrea: Yea Commissioner Wiscombe: Yea South Miami �I edca i i zoot CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM Excellence, Integrity and Inclusion To: Honorable Mayor, Vice Mayor Date: June 17, 2003 and City Commission 410 From: Sanford A. Youkilis Subject: Agenda Item Acting City Manag Approval of payment for the 2001 ad valorem taxes for the Hammock House property A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING PAYMENT OF 2001 AD VALOREM TAXES IN THE AMOUNT OF $7,441.85 FOR THE PROPERTY LOCATED AT 7800 S.W. 59m AVENUE (ALSO KNOWN AS THE HAMMOCK HOUSE); CHARGING ACCOUNT NUMBER 001 -2100- 519 -9920, ENTITLED "GENERAL CONTINGENCY"; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The City of South Miami has been interested in purchasing the Hammock House property located at 7800 S.W. 590' Avenue, known as the Hammock House in an effort to establish a passive park and preserve the natural elements of the property. Grant funds were secured to fund the acquisition. The City Commission approved the Letter of Intent outlining the conditions of the sale, as well as the Contract for Sale and Purchase for the acquisition of 1/3 of the referenced property. As a condition to the sale, the City agreed to pay for the 2001 overdue ad valorem taxes in the amount of $7,441.85. In exchange, the property owners agreed to enter into a 2 -year option period allowing the City additional time to purchase the remaining 2/3 of the property. The option agreement was a requirement of the Office of Safe Neighborhood Parks to the approval of the City's request for a scope amendment allowing the City to purchase 1/3 of the property rather than the entire site. The remaining account balance will be zero. RECOMMENDATION Approval is recommended. Attachment: 2001 Ad Valorem Tax Bill SAY /OC Miami -Dade County. Real Estate Tax Information Page I of I Show Me: Property Taxes Taxes Search BY: Select Item Detail Tax Information: Prior Years Tax Today's Date: 06 /13/2003 Last Update: 06110/2003 Year., 2002 rnj Folio Number: 09 40360390020 SOUTH MIAMI owner's Name- GARRETT VAN SMITH & (30 Property Address: 7.800.,.S.W.59. AVE DOW Prior Years Taxes Due 140 Amounts due: y Mia Prior years taxes must be paid by cashiers check, money order or Bout certified check in U.S. funds. Amount due 107 Type Tax Year Number as of 0611312003 Mia TAX CERTIFICATE 2001 16035 7441.86 TOTAL AMOUNT 7441.85 0 Payment History: TAX YEAR 2000 NUMBER 16652 CERTIFICATE: Re Date:02/27/2003 Register/Recelpt:0211 /00730011 Amount: 7376.28 )r T 0 I _ri TAX- CERTIFICATE 1999 NUMBER 16676 E Date-.1 1/3012001 Register/Receipt09 /0039001 Amount: 7331.71 TAX YEAR 1998 NUMBER 14242 CERTIFICATE: Date:03/2112001 Register/Receiptl 0 /0161001 Amount: 6940.13 Amounts due are, subject to change.witho^ ~ _plope Hqme I fte.@L9s.Mfk.TaK Into, 1200_ Z_TjMPA I Prior Yes 19; 12022 AQR�A4- _,MjM— - 200Zkgc Asp nitj rlso Foll I Z0_02HlsJg&cWAW9!Re0Ls 120VQWaA _K_ _,QAM pliona. Directory I F&4o'y I pisqlat 2002 Miami-Dade County. All rights reserved. E -mail your comments, questions and suggestions to UOV-16OR/Wwwqerv/ggvt/txca,43.dia7folio=0940360390020 6/13/03 RESOLUTION NO. 190 -04 -11969 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO REAL PROPERTY; AUTHORIZING THE PURCHASE OF THE PROPERTY CONSISTING OF THE EAST 101 FEET OF 7800 SW 59 AVENUE, SOUTH MIAMI; AUTHORIZING THE CITY TO ACCEPT THE DEED TO THE PROPERTY UPON CLOSING AND REQUESTING TAX EXEMPTION OF THE PROPERTY, OTHERWISE KNOWN AS THE "HAMMOCK HOUSE '; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami has scheduled a closing for the purchase of the Hammock House for December 13, 2004, which closing shall convey to the City of South Miami the east 101 feet of the property located at 7800 S.W. 590' Avenue, the legal description of which is more fully described as follows: The East 101 feet of Lot 12, in Block 6, of AMENDED PLAT OF PALM MIAMI HEIGHTS, according to the Ylat thereof; recorded in Plat Book 25, at Page 37, of the Public Records of Miami -Dade County, Florida. R The East 101 feet of the East %: of Tract 6,. less the South 125 feet thereof, of REVISED PLAT OF A PORTION OF THE AMENDED PLAT OF PALM MIAMI HEIGHTS, as recorded in Plat Book 43, at Page 37, of the Public Records of Miami -Dade County, Florida. WHEREAS, the City Commission of the City of South Miami desires to purchase the property, accept the deed upon purchase, to dedicate the property to public use and to obtain an exemption from ad valorem taxation for the property. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City of South Miami authorizes payment to the seller Garrett and Antony Van Smith, as Trustees 16061 SW 85`h Avenue, Pinecrest, Florida 33157 of $556,549.40 as the purchase price for the property located at the East 101 Feet of 7800 SW 59`h Avenue, South Miami, Florida 33143, known as the "Hammock House." The funding for this purchase shall be paid out of Account No. 001 - 2100 - 519 -9926 .(Debt Service Real Property) which has a current balance of $245,000. Additions shown by underlinine and deletions shown by evemtrild . ,y .,No. 190 -04 -11969 Section 2. Further, the City authorizes the placement of $30,000 into the escrow account of Stephen D. Pearson, Esquire, as closing agent, to cover the ancillary closing costs associated with the property transfer, which ancillary costs include: the payment of the 2004 property taxes, the city's attorney's fees and survey costs. Attached to this resolution as exhibit 1 is the HUD -1 Uniform Settlement Statement reflecting the closing purchase price of $558,549.40, which closing price does not reflect ancillary closing costs. Section 3. Upon transfer of the property, the City of South Miami shall accept delivery and shall immediately record the trustee's deed for the above- described property. The property shall be dedicated to public use. Section 4. The City of South Miami requests exemption from ad valorem taxes as of the date of recording the deed pursuant to Florida Statutes, Section 196.28. Section 5. A certified copy of this resolution shall be recorded among the public records for Miami -Dade County and transmitted to the Miami -Dade Tax Assessor and its Tax Collector. Section 6. This resolution shall take effect immediately upon appmval: the City Clerk inserting into Section 1 the account dumber from which the funds will be taken. PASSED AND ADOPTED this? th day of December, 2004. ATTEST: CLERK 3,\My Documents\iwolutionsMmIudon Hammock House.doc Page 2 of 2 APP12OVED: COMMISSION VOTE: 4 -0 Mayor Russell: absent Vice Mayor Palmer. Yea Commissioner Birts- Cooper: Yea Commissioner Sherar: Yea Commissioner Wiscombe: Yea 15-05 -11994 RESOLUTION NO. A RESOLUTION OF THE .MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO ACQUISITION OF THE "HAMMOCK HOUSE "; AUTHORIZING THE CITY MANAGER TO NEGOTIATE A LOAN IN THE AMOUNT USED TO ACQUIRE THE PROPERTY AND REIMBURSING VARIOUS BUDGET ACCOUNTS WITH THE AMOUNT TRANSFERRED FROM THEM FOR THE TRANSACTION. WHEREAS, the City Commission approved resolution number 190 -04 -11969 on December 7, 2004 to authorize the purchase of remainder of the property known as the "Hammock House "; and WHEREAS, payment for acquisition of this property was made out of various budget accounts in order to expedite the closing for tax purposes before the end of the year; and WHEREAS, the City Administration wishes to negotiate a loan to replenish the various budget accounts with the amount of $567,366.50 used to close the transaction. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MLAMI, FLORIDA THAT: Section I. The above whereas clauses are incorporated by reference. Section 2. The City Manager is authorized to negotiate a loan with any lending institution that offers the best rate in the amount of $567,366.50 plus related loan charges to replenish the city's budget accounts and pay for the loan transaction fees associated with the purchase of the "Hammock House." Section 3. The City Manager is to negotiate a loan with a lending institution and shall bring the loan documents by to the City Commission for final authorization and approval. Section 4. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this htday of February, 2005. ATTEST: ITY CLERK COMMISSION VOTE: READ AND APPROVED AS TO FORM: 4CA�TTO . APPROVED: Mayor Russell: Yea Vice Mayor Palmer: Yea Commissioner Wiscombe: . Yea Commissioner Birts- Cooper: Yea Commissioner Sherar: absent CITY OF SOUTH 1VI:tAMi INTER-OFFICE MEMORANDUM To: Mayor and City Commission Date: February 1, 2005 From: Maria V. Davis }` AGENDA ITEM 4—f City Manager C J Re: Commission meeting February 1, 2005 Negotiation of loan on the Van Smith Property (Hammock House) RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO ACQUISITION OF THE "HAMMOCK HOUSE "; AUTHORIZING THE CITY MANAGER TO NEGOTIATE A LOAN IN THE AMOUNT USED TO ACQUIRE THE PROPERTY AND REIMBURSING VARIOUS BUDGET ACCOUNTS WITH THE AMOUNT TRANSFERRED FROM THEM FOR THE TRANSACTION. BACKGROUND On December 7, 2004, the City Commission approved resolution number 190 -04 -11969 to authorize purchase of the property known as the "Hammocks House". In order to expedite closing of the purchase before the end of the year for tax purposes, funds for the transaction were temporarily transferred from various budget accounts pending negotiation of a loan by the Finance Director after returning from vacation. The attached resolution is requesting your authorization to negotiate a loan in the amount of $567,366.50 plus loan transaction fees with any qualified lending institution that offers the best rate, to reimburse various budget accounts used to pay for the acquisition. At the conclusion of the loan negotiation, I will forward the full loan documents for your review and approval to complete the transaction. RECOMMENDATION Approval is recommended. Page 1 of 5 Oshikoya, Hakeem From: Joseph.Deileperche [Delieperche .Joseph @SunTrust.com] Sent: Thursday, March 03, 2005 4:45 PM To: Oshikoya, Hakeem Subject: RE: $567,000 loan request SunTrust Terms for this loan are as follows: Quoted rate will be ouaranteed thru expecting closing date of April 22nd, 2005, Because SunTrust is committing to hold this rate for over 50 days for the City and because market interest rates have gone up as well, the rate below is slightly higher when compared to our Initial quote from almost a month ago. To offset that slight premium, Bank is reducing the Commitment Fee on this facility from $2.509 to $1,500 10 -Year Bank Qualified Tax - Exempt Fixed Rate, Level Principal, No Prepayment Penalty: 4.05% 7 -Year Bank Qualified Tax - Exempt Fixed Rate, Level Principal, No Prepayment Penalty: 3.95% It is important that the City let us know by no later than Tuesday March 8th If SunTrust will be recommended to.. City Council to provide this facility at the March 15th reading so that the Bank can continue to hold on to this rate for the City of South Miami. Both parties understand such a notice shall not be considered a Commitment to borrow on the part of the City. Please do not hesitate to contact me with any questions. Regards, Delle Joseph, CPA Vice President Institutional & Government Banking SunTrust'Bank Miami Tel: 305.579.7014 - -- Original Message---- - From: Oshikoya, Hakeem [ mailto: HOshikoya @cityofsouthmiami.net] Sent:: Thursday, March 03, 2005 11:29 AM To: Joseph.Delleperche Subject: FW: $567,000 loan request Do you have a response for me on this yet? Please advise. Thanks. HakmmK ahikoA CPA, CGFM Fi nx Dimzr citycfsouthMilni Scu6Miaa7n, Fk ickt 33143 (305) 663.6343 - Phorr Nwdxr From: Oshikoya, Hakeem sent: Wednesday, March 02, 2005 7:42 PM To: 'Joseph.Delieperche' Subject: FW: $567,000 loan request Sorry, I forgot to include the date the ordinance will be going to the City Commission for the first approval. The date is March 15. Thanks. Hak&,?nK ahikoya, CPA, CGFM 3/4/2005 UNT U T City of South Miami Term Sheet This Term Sheet is made subject to the receipt of additional internal approvals. However, the Bank has had internal discussions with the requisite approval authorities regarding your request and its structure and terms. This Term Sheet has been delivered to you on a confidential basis with the express understanding that neither it, nor its substance, will be disclosed, except to those who maintain a confidential relationship with you, or where such disclosure is required by law. The Bank will extend the Loan under the following terms and conditions: 1. BORROWER: City of South Miami (hereinafter referred to as the "Borrower ") 2. FACILITY: Up to $5,575,000 tax - exempt bank - qualified term loan (hereinafter referred to as the "Loan"). 3. PURPOSE: To re- finance the recent purchase of the property located at 7800 SW 59 Avenue (hereinafter referred to as "the Hammock House "). Funding for the purchase was paid out of the City's Debt Service Real Property and other accounts pending permanent financing. 4. COLLATERAL: The Loan will be secured by a Covenant to Budget and Appropriate (CBA) from non -ad valorem revenues. 5. INTEREST RATE *: Option A: 7 Year Fully Amortized Term Loan Rate with no prepayment penalty is 3.801/o for required quarterly payments of $23,484.73 Rate with prepayment language is 3.50% for required quarterly payments of $23,243.23 Option B: 10 Year Fully Amortized Term Loan Rate with no prepa men penalty is 3.95% for required quarterly payments of $17,470.43 Rate with prepayment language is 3.701/o for required quarterly payments of $17,263.63 Option C: 15 Year Amortization with a 7 Year Term Rate with no prepayment penalty is 3.95% for required quarterly payments of $12,747.02 Rate with prepayment language is 3.67% for required quarterly payments of $12,504.76 *Interest shall be calculated on the basis of a 360 -day year with twelve 30 -day months. 1 of 3 TERM SHEET PROPOSALFOR CITYOF SOUTH MIAMI Febmery 4, 2005 Page 2 6. REPAYMENT — (Level Principal & Interest -- Mortgage Style): Same amount for "Principal & Interest" will be due quarterly throughout the term of the loan. MATURITY: The loan will mature at either 7 or 10 years from the closing date depending on option chosen under section 5. 8. FEE(S) AND EXPENSES: The Borrower shall be required to pay all reasonable and necessary expenses associated with the contemplated transaction, including but not limited to those listed below: 1. Loan Counsel fee for reviewing and preparing all legal documents for this transaction, which shall be capped at a maximum of $4,500. II. This loan shall have a Commitment Fee of 2,500, which shall be due at closing. 9. DOCUMENTATION: At or prior to closing, the Bank shall have received all documents that are typical for transactions of this nature 10. FINANCIAL REPORTING REQUIREMENTS: The Borrower shall submit audited financial statements to the Bank not less than annually. The Borrower shall also submit an operating budget for all funds, as ratified by the Mayor and City Commission, to the Bank not less than annually. 11. COVENANTS & CONDITIONS: . The Bank will require that the two years average non -ad valorem revenues for Borrower, with the exception of enterprise fund revenues, must equal or exceed two times combined maximum annual debt service on all outstanding and proposed debt secured by specific or general non -ad valorem revenues. • Funding of the Loan is contingent upon a satisfactorily legal opinion as to the Borrower's tax - exempt status and authority under its Charter to borrow money, as well to the fact that the Loan constitutes bank - qualified status. The authority to borrow money must be acceptable in form, manner, tenure and purpose. • The Bank reserves the right, upon reasonable notice to the Borrower, to change the pricing of the Loan if an adverse change in the tax laws governing the Loan occurs. 2of3 TERM SHEET PROPOSAL FOR CnYOF SOUTH MIAMI February 4, 2005 Page 3 The Borrower will comply with and agree to such other covenants, terms and conditions that may be reasonably required by the Bank and its counsel and are customary in tax - exempt financing of this nature. These covenants would include, but not be limited to, covenants regarding compliance with laws and regulations, the submission of audited financial statements to the Bank on a timely basis, events of default including failure to make payments, failure to perform any covenant, and the filing of bankruptcy by the Borrower; and remedies in event of default. On behalf of SunTrust Bank it is our pleasure to extend this Term Sheet to you as we look forward to expanding our mutually beneficial relationship with the City of South Miami. If you have any questions or comments, please give me a call at (305) 579 -7014 Sincerely, Delle Josepb,.CPA Vice President Institutional & Governmental Banking SunTrust Bank, South Florida Tel: 305.579.7014 3 of 3 Page i of 1 Oshikoya, Hakeem From: Trumbull, Diane [ diane .trumbull @bankofamerica.com) Sent: Tuesday, February 15, 2005 12:09 PM To: Oshikoya, Hakeem Cc: Mason, Linda A Subject: RE: Commitment Letter The proposed rates are with prepayment penalty. From: Oshikoya, Hakeem [ maiito: HOshikoya @cityofsouthmiami.net] Sent: Tuesday, February 15, 2005 11:46 AM To: Trumbull, Diane; Oshikoya, Hakeem Cc: Mason, Linda A Subject: RE: Commitment Letter Thanks for the commitment letter. Could you please tell me if the proposed rates are with prepayment penalty or no prepayment penalty. Thanks. 8Ae -wzK C}bika^ CPA, CGFM Firw= Director CityofSaubMi:ini SozhMizr Fbidh33143 ( 305) 663 -634.7 - Phmr Nzodvr From: Trumbull, Diane [mailto:dlane .trumbull @bankofamerica.com] Sent: Monday, February 14, 2005 4:07 PM To: hoshikoya @cityofsouthmiami,net Cc: Mason, Linda A Subject: Commitment Letter Mr. Oshikoya: A commitment letter is attached for your review. Please call with any questions. Although the commitment has later dates stated in the "Acceptance and Survival' section of the letter, we can have the loan documents available for signature for your March 1, 2005 meeting. We would need the signed commitment letter by the beginning of next week In order to meet this deadline. Sincerely, Diane Trumbull Senior Underwriter - Credit Products Government South 941 - 750 -9308 (Phone) 941- 750 -9230 (Fax) diane.trumbuil@bankofamerfoa.com 3/3/2005 BamtRtofA met a March 3, 2005 Mr. Hakeem Oshikoya The City of South Miami City Hall 6130 Sunset Drive South Miami, Florida 33143 Re: The City of South Miami -'Van Smith Park Dear Mr. Oshikoya: We are responding to your email dated March 2, 2005. The interest rates detailed below have been updated based on today's indexes. BORROWER: The City of South Miami, Florida ( "Borrower "). LENDER: Bank of America, N.A. ( "Bank of America "). CREDIT FACILITY: $567,500 Term Loan Facility (the "Term Loan ") PURPOSE: The proceeds of the Term Loan shall be used to replenish the City's General Fund. The City acquired Van Smith Park in December 2004 from such funds. PRICING /REPAYMENT/ All Fixed Rates Options are based on an actual /360 basis, semi- annual MATURITY: principal and Interest payments, full amortization, standard Bank prepayment language, tax - exempt, Bank Qualified. These are indicative fixed rates based on today's indexes and are subject to change between now and closing. Option 1: 5 years = 3.74% Option 2: 7 years = 3.98% Option 3: 10 years = 4.26% In the event that the Term Loan is deemed to be "Non -Bank Qualified" a standard gross up provision will apply. SECURITY/ Pledge of General Funds. COLLATERAL: REPORTING Financial Information from Borrower. Borrower to provide financial REQUIREMENTS: information and statements In form and content acceptable to Bank of America Indicated below: • Within 270 days of the Borrower's fiscal year end, the Borrower's audited comprehensive annual financial report. . • Within 30 days of approval, the Borrower's annual budget. EXPENSES: Borrower will pay all reasonable costs and expenses incurred by Bank of America associated with the preparation, due diligence, administration and enforcement of all documentation executed in connection with the Term Loan, the legal fees of counsel to Bank of America whether or not the Term Loan is closed. The legal fee is $1,500. QUALITY OF Each document and item required by and submitted.to Bank of America DOCUMENTS: pursuant to the Commitment shall be satisfactory in form and substance to Bank. Further, the Borrower agrees to execute at the closing all documents deemed necessary by Bank's attorney. ACCEPTANCE AND if the terms and conditions of the Letter Agreement meet with your SURVIVAL: approval, please indicate your acceptance by signing below. If the Borrower elects not to close for any reason, the Borrower shall be responsible for paying any attorney fees incurred to date. This Letter Agreement shall become null and void if not accepted prior to the close of business on March 16, 2005 andfor the Term Loan Is not closed prior to March 31, 2005. These terms are not intended to be ail- inclusive. Other terms, conditions, and financial covenants shall be included in the Loan Documents. It has been a pleasure to be of service to you in this matter. If you have any questions or comments, please call me at (561) 838 -2329. Sincerely, Linda 911ason Linda Mason Senior Client Manager Senior Vice President Diane Trumbull Senior Underwriter Vice President Acknowledged and agreed to this _ day of 2005 Option selected: Option 1: Option 2: Option 3: _ By: The City of South Miami Authorized Signor Name: Title: Page I o£4 Oshikoya, Hakeem From: scott.kreiger@wachovia.com Sent: Thursday, March 03, 2005 3:00 PM To: Oshikoya, Hakeem Subject: Re: FW: Fax from Hakeem Oshikoya re: Wachovia loan for Hammock House Hakeem: I'm assuming when the City Attorney refers to "brokerage fees" she means breakage fees. Here are the adjusted rates that will allow the City of South Miami to prepay the loan at any time without any breakage fees or penalties: 7 Years......... 4.35% 10 Years....... 4.48% 15 Years....... 4.78% In this rate environment, it is unlikely that the City would incur a prepayment penalty because rates are trending upwards. However, there are no guarantees. The prepayment penalty protects the bank in case of swings in the interest rate between when the loan was booked and when it is paid off. For instance, If South Miami were to take a 10 year loan at 415% and then decide to pay it off three years later, there is a chance that the bank will lose money on the transaction. At the time of booking the bank commits the loan amount for the term of the loan. If the loan was booked at 4.15% and current rates for a similarly termed loan at the time of payoff are 4.30 %, the City would not Incur a prepayment penalty because the bank can lend out the funds from the loan payoff at a higher interest rate than it was originally booked for. However, if the loan rate at the time of payoff were to drop to say 3.90 %, the bank would lose money because they could not relend the payoff amount at a rate as high as the original Interest rate on the loan. Because of this uncertainty, when we offer a loan with the ability to prepay at any time, the rate increases. Let me know if you have any other questions. Again, thank you for allowing Wachovia to bid on this opportunity. I look forward to meeting you one day soon! Regards, Scott Scott O. Kreiger Vice PresidentlRelationship Manager Government & Institutional Banking Wachovia Bank, N.A. (954) 596 -6907 Phone (954) 596 -6908 Fax scott.kreiger@wachovia.com "Oshikoya, Hakeem" To ^� < HOshikoya @cityofsouthmiami.net> scott.kreiger @wachovia.com'" <scott.kreiger @wachovia.cc m> oc 0310312005 11:54 AM Subject FW: Fax from Hakeem Oshikoya re: Wachovla loan for Hammock House 3/3/2005 Page 2 of 4 Hi Scott: Sorry that I have been sending these messages to a wrong email address. HAeemK ahikoya, CPA, CGFM Fir=x Dim=r City of sad) Mimi SrurthMiana, Florida 33143 (305) 663.6343 - Phone Naurier From: Oshikoya, Hakeem Sent: Thursday, March 03, 2005 11:45 AM To: 'scott.krieger @wachovia.com' Subject: FW: Fax from Hakeem Oshikoya re: Wachovia loan for Hammock House Importance: High Please see below for my requests. Thanks. HakwnK Ckhikcr^ CPA, CGFM Finarue Dia� City of SWh Miamd Sof lh Mil * Florida 33143 (305) 663 -6343 - Phrnw Nwr&- From: Oshikoya, Hakeem Sent: Thursday, March 03, 2005 11:40 AM To: 'scott.krieger @wachovia.com' Subject: FW: Fax from Hakeem Oshikoya re: Wachovia loan for Hammock House Importance: High Hi Scott: Do you have a response for me on this request yet? Thanks. HakmnK (:khiko* CPA, CGFM FinawDinxtor Cixy of saabMimi Sa di MianF, Florida 33143 (305) 663 -6343 - Phone Nwrier From: Oshikoya, Hakeem 3/3/2005 Page 3 of 4 Sent: Monday, February 28, 2005 3:43 PM To: 'scott.krieger @wachovia.com' Subject: FW: Fax from Hakeem Oshikoya re: Wachovia loan for Hammock House Importance: High Hi Scott: Could you please give me your rates with no prepayment clause for each of the term periods? Thanks. HAwmK ahikoya, CPA, CGFM Finan%,D alor aty of Smith Miami South dlkmi, Florida 33143 (305) 663 -6343 - Phone Arurdxr From: Eve Boutsis [mailto:eboutsis @ngf- law.com) Sent: Monday, February 28, 2005 3:28 PM To: hoshikoya @cityofsouthmiami.net Cc: Luis Figueredo Subject: FW: Fax from Hakeem Oshikoya re: Wachovia loan for Hammock House Importance: High NO to brokerage fees and prepayment penalty — and higher interest rate due to no prepayment penalty, if take out. Like with others, you now know what my concerns are. You can negotiate with any of the banks provided you are comfortable with the terms (and you already know what our issues are). Very truly yours, Eve Eve A. Boutsis, Office of City Attorney for the City of South Miami Nagin Gallop Figueredo, P.A. 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 eboutsis @ngf- law.com - -- Original Message---- - From: Mary Jo Pinedo Sent: Monday, February 28, 2005 3 :20 PM To: Luis Figueredo; Eve Boutsis Cc: Ginger Roy Subject: Fax from Hakeem Oshikoya re: Wachovia loan for Hammock House - - - -- Original Message - - - -- 3/3/2005 Wachovia Bank, N.A. Government Services Group FLB005 1950 West Hillsboro Boulevard Deerfield Beach, FL n442 February 25, 2005 Mr. Hakeen Oshikoya Finance Director City of South Miami 6130 Sunset Drive South Miami, FL 33143 Dear Mr. Oshikoya: Please find enclosed a commitment letter from Wachovia Bank, N.A. to provide financing in the amount of $567,500.00 in order for the City to reimburse itself for the cost of the purchase of real estate known as Hammock House. We have provided rate quotes for three terms: 7 years, 10 years, and 15 years. Although we have quoted indication rates, as soon as you notify me that Wachovia has been chosen to provide the financing, I can lock in the rate as of the date of notification. If you can notify me of the City's decision by Monday at noon, I will honor the rates quoted in the attached commitment letter. With regard to legal costs, item #6 of the Conditions, I can incorporate bond counsel's fees into the rate if the City does not want to pay the fee out -of- pocket. Please advise, and I will quote new rates incorporating the fees. The quoted fee includes all document preparation. If the City would like to use its own bond counsel, let me know. If the City's counsel is acceptable to Wachovia, I will obtain a new fee quote for our counsel to review the documents only. Rates have been quoted with our standard prepayment penalty language. We generally do not offer prepayment at any time without penalty. However, if this is important to the City, I can readjust the rates for each term that will allow the City to make prepayment on certain anniversary dates. Please be aware that this option will result in higher rates for each of the terms. Should you have any questions, please do not hesitate to contact me. I thank you for allowing Wachovia Bank to bid on this financing opportunity. I hope that we will be able to work with the City on future opportunities as well. Sincerely yours, Scott D. ICreiger�� Vice President Wachovia Bank, N.Q. Government Services Group FL6005 1.950 West Hillsboro Boulevard Deerfield Beach, FL 33442 February 25, 2005 Mr. Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive South Miami, FL 33143 Dear Mr. Oshikoya: Wachovia Bank, National Association (the "Bank ") is pleased to submit the Commitment described below to the City of South Miami (the "City ") subject to the following terms and conditions. Borrower: City of South Miami, Florida (the "City ") Amount: $567,500.00 Facility: Term Loan Purpose: To provide funds for the City to reimburse itself for the cost of purchasing real estate known as Hammock House. Term: 7 -year Term: To mature seven years from date of closing. Interest will be due and payable semi - annually of each year commencing six months from date of closing. Principal payments will be payable annually based on a 7 -year fully amortizing loan. Interest on the outstanding balance of the loan will be calculated on a 30 /360 -day basis. 10 -year Term: To mature ten years from date of closing. Interest will be due and payable semi - annually of each year commencing six months from date of closing. Principal payments will be payable annually based on a 10 -year fully amortizing loan. Interest on the outstanding balance of the loan will be calculated on a 30/360 -day basis City of South Miami Commitment Letter cba 2- 2005.doc 15 -year. Term: To mature fifteen years from date of closing. Interest will be due and payable semi - annually of each year commencing six months from date of closing. Principal payments will be payable annually based on a 15 -year fully amortizing loan. Interest . on the outstanding balance of the loan will be calculated on a 30/360 -day basis Security: The Loan will be secured by a Covenant to Budget and Appropriate from all legally available Non -Ad Valorem Revenues (the "Pledged Revenues"). Interest Rate: NOTE: The City must indicate closing date and interest option selected at the time of acceptance. 7 -year Fix ad: 4.07% Bank Qualified* 10 -year Fixed : 4.15% Bank Qualified* 15 -year Fixed : 4.37% Bank Qualified* * The above fixed rates are indication fixed rates based on current market conditions and subject to change. The Bank will set the rate three business days prior'to closing at the then prevailing rate. Prepayment: Should the City prepay during the life of the loan, the City may incur a breakage fee as outlined in the attached Exhibit "A ". Conditions 1. The City, by official action, shall approve entering into this commitment and the loan facility described herein; and shall cause any borrowing under this facility to be designated as a "Qualified Tax - Exempt Obligation" pursuant to Section 265(b)(3)(B) Internal Revenue Code of 1986, as amended. Should subsequent but currently unforeseen events cause any borrowing under this facility to be determined to be a "non- qualified" obligation pursuant to Section 265(b)(3)(B), Internal Revenue Code of 1986, as amended, the Bank shall adjust the interest rate on any outstandings hereunder so that it shall receive the same after tax yield equivalent contemplated as of the time of this commitment. 2. in the event that the interest on any drawing under this Commitment is ever determined to be taxable for purposes of federal or state income taxation, or in the event that any or all of the interest on any drawing under this Commitment is deemed to be included in the gross income of the Bank for federal or state City of South Miami Commitment Letter eba 2- 2005.dor income taxation, or in the event the Bank is unable to deduct any other amounts as a result of purchasing or carrying any borrowings resultant from the Commitment, or in the event of a change in the marginal tax rate applicable to corporations or the alternative minimum tax rate or in the method prescribed by federal income tax laws for calculating the alternative minimum tax to which the Bank may be subject, or in the event of any action which would otherwise decrease the after tax or taxable equivalent yield to the Bank, the interest on this Commitment shall be subject to a full gross up modification, as determined by the Bank and its counsel. In no event, however, shall the interest rate on this Commitment exceed the maximum rate permitted by law. 3. All legally available Non -Ad Valorem Revenues shall mean all revenues of the City derived from any source whatsoever, other than Ad Valorem taxation on real and personal property. 4. Each fiscal year during the term of the loan Legally Available Non Ad Valorem Revenues, as defined above, must cover actual annual debt service on debt secured by and /or payable from such Revenues by at least 1.5x. Prior to the incurrence of additional debt secured by any portion of the Legally Available Non -Ad Valorem Revenues or a Covenant to Budget and Appropriate from all Legally Available Non -Ad Valorem Revenues, the average of the prior two years Legally Available Non Ad Valorem Revenues, as defined above, must cover existing and projected maximum annual debt service on debt secured by and /or payable from such Revenues by at least 1.5x. 5. For purposes of calculating maximum annual debt service or annual debt service, all variable rate borrowings secured by the Pledged Revenues shall be assumed to bear interest at the higher of 7% per annum or the actual interest rate borne by the variable rate debt for the month preceding the date of the calculation. 6. Legal opinions relating to this facility shall be in such form and content as are acceptable to the Bank and its counsel. The financing will require a tax - exempt legal opinion from the City's Bond Counsel. All costs relating to the preparation of documents and to otherwise complete this transaction shall be paid for by the City. Bank counsel fees shall not exceed $3,500 to prepare all legal documents associated with this transaction. Documents shall be available for review at least 5 business days prior to closing. 7. On an ongoing basis, the City agrees that it shall deliver to the Bank printed copies of, when available, or within 180 days of each fiscal year end, whichever is sooner, a Comprehensive Annual Financial Report, a Current Year Operating Budget as soon as it is completed and a Capital Improvement Plan and any other such information as reasonably requested by Bank. 8. This Commitment shall remain in full force and effect through 3:00 p.m., local time, March 18, 2005, at which time, if not accepted by execution of the City of South Miami Commitment Letter cba 2.2005.doc acceptance clause below and mailed to the Bank at its 200 South Biscayne Boulevard, 15" Floor, Miami, FL 33131, office to my attention, this Commitment shall expire and shall not be enforceable by either the Bank or the City unless extended by the Bank in writing. Unless extended by the Bank in writing, this facility must close on or prior to March 31, 2005 after which this commitment shall expire. 9. If the Bank chooses to waive any covenant, paragraph, or provision of this Commitment, or if any covenant, paragraph, or provision of this Commitment is construed by a court of competent jurisdiction to be invalid, it shall not affect the applicability, validity or enforceability of the remaining covenants, paragraphs or provisions. 10. The preceding terms and conditions are not exhaustive. Any final commitment may include other covenants, terms and closing conditions as are customarily required by the Bank for similar transactions including but not limited to a Cross Default with other debt, Default Rate, Events of Default, Acceleration upon Default and waiver of jury trial. This Commitment Letter shall not survive closing. 11. The City represents and agrees that all information provided to the Bank is correct and complete. No material adverse change may occur in, nor may any adverse circumstance be discovered as to, the financial condition of the City . prior to closing. The Bank's obligations under this Commitment are conditioned. on the fulfillment to the Bank's sole satisfaction of each term and condition referenced by this Commitment. 12. This Commitment supersedes all prior Commitments and proposals with respect to this transaction, whether written or oral, including any previous loan proposals made by the Bank or anyone acting within its authorization. No modification shall be valid unless in writing and signed by an authorized Officer of the Bank. This Commitment is not assignable and no entity other than the City shall be entitled to rely on this Commitment. Wachovia Bank, National Association appreciates the opportunity to submit this Commitment to you and looks forward to your favorable response. Should you have any questions, please do not hesitate to contact me at (800) 562 -9272. Best Regards, WACHOVIA BANK, NATIONAL ASSOCIATION ScoKrei er 9 Vice President City of South Miami Commitment Letter cba 2- 2005.doc ACCEPTANCE The above Commitment is hereby accepted on the terms and conditions outlined therein by authority of the Governing Board of the City: Closing Date: Term: By: Date: Its: EXHIBIT "A" In addition to principal, Interest and any other amounts due under this Note, Borrower shall on demand pay to Bank any "Breakage Fee" due hereunder for each Break Event. "Break Event" means any voluntary or mandatory prepayment or acceleration, in whole or in part, of principal of this Note occurring prior to the date such principal would, but for that prepayment or acceleration, have become due ( "Scheduled Due Date "). For each date on which a Break Event occurs ( "Break Date "), a Breakage Fee shall be due only if the rate under "A" below exceeds the rate under "B" below and shall be determined as follows; Breakage Fee - the Present Value of ((A -S)xC) + LIBOR Breakage, where: A = The rate per annum equal to the sum of (1) the bond equivalent yield (bid side) of the U.S. Treasury security with a maturity closest to the Maturity Date as reported by the Wall Street Journal (or other published source) on the date the Interest Rate of this Note was set ( "Lock in Date "), plus (ii) the corresponding swap spread of Bank on the Lock in Date for a fixed rate payor to pay Bank the fixed rate side of an interest rate swap of that maturity, Plus (iii) .25 %. B = A rate per annum equal to the sum of 0) the bond equivalent yield (bid side) of the U.S. Treasury security with a maturity closest to the Maturity Date as reported by the Wail Street Journal (or other published source) on the Break Date, plus (ii) the corresponding swap spread that Bank determines another swap dealer would quote to Bank on the Break Date for paying to Bank the fixed rate side of an interest rate swap of the maturity. C = The sum of the products of (i) each Affected Principal Amount for each Affected Principal Period, timea (ii) the number of days in that Affected Principal Period divided by 360 (if this Note uses the Actual /360 Computation) or the actual number of days in the year (if this Note uses the Actual /Actual Computation). "Affected Principal Amount" for an Affected Principal Period is the principal amount of this Note scheduled to be outstanding during that Affected Principal Period determined as of the relevant Break Date before giving effect to the Break Event on that Break' Date, and for any prepayment, multiplying each such principal amount times the Prepayment Fraction. "Affected Principal Period" is each period from and including a Scheduled Due Date to but excluding the next succeeding Scheduled Due Date, provided that the first such period shall begin on and includes the Break Date. "LIBOR Breakage" is any additional loss, cost or expense that Bank may incur with respect to any hedge for the fixed rate of this Note based on the difference between the London interbank offered rate (for U.S. dollar deposits of the relevant maturity) available in the London interbank market at the beginning of the interest period in which the Break Date occurs and that which is available in that market on the Break Date. "Maturity Date" is the date on which the final payment of principal of this Note would, but for any Break Event, have become due. "Prepayment Fraction" is a fraction equal to the principal amount being prepaid over the principal amount of this Note outstanding immediately prior to that prepayment on the Break Date. City of South Miami Commitment Letter cba 2- 2005.doc "Present Value" is determined as of the Break Date using "B" above as the discount rate. In addition, a Break Event shall be deemed to occur hereunder if, on any date ( "Sorrowing Date ") after the date hereof but prior to any acceleration of this Note, any advance of principal under this Note is scheduled to be made and that advance fails to be made on that Borrowing Date (whether due to Borrower's default, Borrower's failure to borrow, the termination of any loan commitment, any unsatisfied condition precedent, or otherwise), in which case that Borrowing Date shall be a Break Date, the Affected principal Amount for that Break Event shall be based on the amount of the failed advance, and the Borrower shall on demand pay to the Bank any Breakage Fee due hereunder for that Break Event. Breakage Fees are payable as liquidated damages, are a reasonable pre- estimate of the losses, costs and expenses Bank would incur in the event of any prepayment or acceleration of this Note, are not a penalty, will not require claim for, or proof of, actual damages, and Bank's determination thereof shall be conclusive and binding in the absence of manifest error. For any Break Event hereunder, the foregoing Breakage Fee provisions supersede any breakage compensation agreement that Borrower and Bank may have executed with respect to this Note. City of South Miami Commitment Letter cba 2- 2005.doc MIAMI DAILY BUSINESS REVIEW Pubfthed Daily except Saturday, Sunday and Legal Hasdaya Mlemi, Miam! -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Flodda; that the attached copy of advertisement, being a Legal Adverlisement•of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING FOR 4/4/2005 In the XXXX Court, was published in said newspaper in the Issues of 03/25/2005 Afla nt further says that the said Miami Daily Business Review is a newspaper published at Miami In said Miaml•Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post Woe in Miami in said Miami -Dade County, Flodda, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of secudng�adverli(aeparR'tbr publication In the said Sworn to and subscribed before me this 25 day'of MARCH. , XD; 2005 00 . (SEAL) O.V. FERSEYRE personall t H Harmer �r My Commission DD33e555 Vp�tN Expires July t6, 20D8 RESOLUTION NO. 29 -04 -11808 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO HAMMOCK HOUSE PROPERTY, AUTHORIZING THE CITY MANAGER TO PAY THE 2003 REAL ESTATE TAX NOT EXCEEDING $7,000.00 TO THE MIAMI DADE TAX COLLECTOR, ON THE VAN SMITH PROPERTY; CHARGING THE PAYMENT TO ACCOUNT NUMBER 001 -2100 -519 -9920, TITLED GENERAL CONTINGENCY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City acquired one third (1/3) of the Van Smith property located at 7800 SW 59`h Avenue in July 2003 to be used as a passive park; and WHEREAS, as part of the sales agreement the City has the option to acquire the remaining two third of the property before 2005; and WHEREAS, for this exclusive option to purchase the property the City is responsible to pay the annual real estate tax on the property; and WHEREAS, the total real estate tax due on the said property for 2003 is $6,631.00, if paid before the end of February 2004. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. That the City Manager is hereby authorized to pay Miami Dade County Tax Collector up to $7,000.00 as 2003 real estate tax payment on the property located at 7800 SW 59 "' Avenue. Section 2. That this resolution shall take effect immediately upon approval. PASSED AND ADOPTED this /% day of :7- e h 2004. ATTEST: �— CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: M.AgORIT- Vote of the Commission: Mayor Russell: Vice Mayor Palmer: Commissioner Wiscombe: Commissioner Birts - Cooper: QQ 4 -1 Yea Nay Yea Yea Commissioner Sherar: Yea CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: February 17, 2004 From: Maria V. Davis AGENDA ITEM # City Manager B Re: Commission meeting February 17, 2004 Payment of property tax on Van Smith Property (Hammock House) RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO HAMMOCK HOUSE PROPERTY, AUTHORIZING THE CITY MANAGER TO PAY THE 2003 REAL ESTATE TAX NOT EXCEEDING $7,000.00 TO MIAMI DADE TAX COLLECTOR ON THE VAN SMITH PROPERTY; CHARGING THE PAYMENT TO ACCOUNT NUMBER 001- 2100 -519 -9920, TITLED GENERAL CONTINGENCY; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND The attached resolution is requesting your authorization for the City Manager to pay Miami - Dade County Tax Collector an amount not exceeding $7,000.00 as the 2003 real estate tax payment on the Hammock House property located at 7800 SW 59a' Avenue. In July 2003, the City acquired one third (1/3) of the Van Smith property located at 7800 SW 5SP Avenue with the exclusive option to purchase the remaining two- thirds (2/3) before the deadline of June 30, 2005. As part of the option agreement, the City is responsible for paying all real estate taxes on the property during the option period. We have received the real estate tax bill of $6,631.00 from Miami Dade County Property Appraiser on said property. That amount is valid if paid before the end of February 2004. We are still reviewing the different options available to determine if we should acquire the remaining two - thirds (2/3) of the property, or if we should re -plat it to allow for two sepazate buildings. I will bring a resolution for your approval in the very near future to complete the transaction one way or the other. Funds to pay for the bill will be charged to 001 - 2100 -519 -9920 titled General Fund Contingency, which currently has a balance of $45,900.00. RECOMMENDATION Approval is recommended. Miami -Dade County. Real Estate Tax Information Real Estate Tax information iaarra . � e Page 1 of 1 Show Me: 2003 Taxes Tax Property Taxes Today's Date: 02106/2004 Last Update: 01/29/2004 Year: 2003 Folio Number: 09 40360390020 SOUTH MIAMI Search 13 : Owner's Name: GARRETT VAN SMITH & Select item Property Address: 7800 SW 59 AVE Detail Tax Information. Real Estate Tax Info 2003 Taxes Prior Years Taxes Due 2003 Ad Valorem 2003 Non -Ad Valorem 2003 Back Assessments 2003 Enterprise Folio 2003 Historical Abatements 2004 Quarterly Payments 02002 Miami -Dade County. All rights reserved. Total Value: 272068 Miliage Code: 0900 Exemptions: HOMESTEAD 25006 Gross Total Taxes: Ad Valorem 6697.89 Total Gross: 6697.89 Amounts due: (Delinquent after March 31, unless a special discount is in effect) If Received or Amount Postmarked by Due 02128/2004 6630.91 1% DISCOUNT 03/31/2004 6697.89 0% DISCOUNT Amounts due are subject to change without notice. P mia (30 Dow 140 Mia SDut 1071 MIS Of Rel T Prop Florid R Property Tax Home I Real Estate Tax Info 12003 Taxes I Prior Years 12003 Non -Ad 2003 Back Assessments 12003 Enterprise Folio 1 2003 Historical Abatements 2004 Duarte Miami -Dade Home I Using Our Site I About I Phone Directory I Privacy I Disciai E-mail your comments, questions and suggestions to Webmaster httn: / /eevsys.miamidade.eov :1608 /wwwserviavvVtxcaw02.dia ?folio= 0940360390020 2/6/04 LOTT & LEVINE ATTORNEYS AT LAW Gxoaos J. Lori Xr=AnL D. Luvxxa (1953 -3963) October 21, 2003 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset. Drive South Miami, Florida 33143 RE: Van Smith Property Dear Mr. Oshikoya: DADELAND CENTRE, SUITE 1014 9155 50. DADELAND BOULEVARD Mx&ux, Fxoaxaa Daxs6 TELEPHONE (305) 670 -0700 F" (305) 670 -0701 I am pleased to enclose the original recorded Deed and Owner's Title Insurance Policy for the east 1/3 of the Van Smith property purchased by the City. The Contract of Purchase was amended by mutual agreement to provide for a closing on the east 1/3 of the property by on or before July 1, 2003. While the closing was dated as of June 30, 2003, the transaction actually occurred on July 1, 2003. Based on the closing date of July 1, 2003, the City has until dune 30, 2004 to use its good faith best efforts to allow (either through re- platting, or waiver of plat) the balance of the property to constitute 2 buildable, single family home lots, each with not less than 100 feet of frontage on SW 78 Street and until June 30, 2005 to complete its option and purchase of the remaining 2/3s of the property. If the purchase of the remaining.: 2/3s of the property is concluded before June 30, 2004, then the re- platting or waiver of plat will obviously not be necessary and the costs associated therewith avoided: Please contact me to discuss how the City wishes to proceed. Finally, just a reminder that, in the Contract, the City agreed to name the property it purchased as the "Van Smith Park ". very trulELOTT; GJL•amj This Instrument Prepared by and Return to: Stephen D. Pearson, Esq. 12401 South Dixie Highway Pinecrest, Florida 33156 I�H�I�fif< Illiilflfll [i��Il�iili��lillilllRl GFN 2003RD S13039 DR 8k 21460 Pos 1154 - 11581 Mess) RECORDED 07/25/003 15:32:21 DEED DOC TAX 1x680.00 SURTAX 1P260.00 HARVEY RUVIMx CLERK. OF COURT MIAMI -DADE COUHTYr FLORIDA Parcel I.D. No.: Portion of 09- 40 -36- 0390020 TRUSTEES' DEED THIS TRUSTEES' DEED, made this 30 day of June, 2003, between Garrett Van Smith a /k /a Garrett Vansmith and .Antony Van Smith a /k /a Anthony Van Smith and Anthony Vansmith, individually and as Successor Co- Trustees under -that certain Declaration of Trust dated March 15, 1968 and recorded in Official Records Book 6161, Page 450, of the Public Records of Miami -Dade County, Florida, joined by William Van Smith a /k /a William Vansmith, individually, and Parris Van Smith a /k /a Parris Vansmith, whose address is 16061 S.W. 86 Avenue, Miami, FL 33157, (collectively, "Grantor "), and City of South Miami, a political subdivision of the State of Florida, whose post office address is 6130 Sunset Drive, South Miami, FL 33143, ( "Grantee "), WITNESSETH, that Grantor, for and in consideration of 'the sum of Ten Dollars ($10.00), to Grantor in hand paid by Grantee, and other good and valuable consideration, the receipt whereof is hereby acknowledged, has granted, bargained and sold to Grantee, and hereby transfers and conveys to Grantee and Grantees successors, heirs and /or assigns forever, the following described property, to wit: The East 101 feet of Lot 12, in Block 6, of AMENDED PLAT OF PALM MIAMI HEIGHTS, according to the Plat thereof; recorded in Plat Book 25, at Page 37, of the Public Records of Miami - Dade County, Florida The East 101 Feet of the East M of Tract 6, less the South 125 feet thereof, of REVISED PLAT OF A PORTION OF THE AMENDED PLAT OF PALM MIAMI HEIGHTS, as recorded in Plat Book 43, at Page 37, of the Public Records of Miami -Dade County, Florida. SUBJECT TO: 1.Taxes for the year 2003 and subsequent years. h 2.Conditions, restrictions, agreements, covenants, requirements, limitations and easements of record, if any, but without intent to reimpose same. 3. Zoning ordinances and other restrictions, requirements and prohibitions imposed by applicable governmental authorities. To have and to hold the same in fee simple forever. Grantor warrants the title to the property to Grantee and Grantee's heirs, successors, and assigns, against every person lawfully claiming the property, or any part thereof, by, through, or under the Grantor,'but not otherwise. IN WITNESS WHEREOF, Grantor has signed and sealed these presents on the day and year first above written. Signed, sealed and delivered in our presence; [Printed Name of Witness] [Printed }flame of Witness] STATE OF FLORIDA ) COUNTY OF MIAMI -DADE ) The foregoi; day of JuI i known to me or h s as" id-ent- i"f"acation, and as Co- Trustee under that certain Declaration of Trust dated March 15,'1968 ag instrument was acknowledged before me this 2003, by Garrett Van Smith, who is personally produced and who did not take an oath. Notary Public, State of Florida My Commission Expires: (NOTARIAL SEAL) stsq)tmn D. Pearson WCC7Mfi7WON# DD024913 WIRES W°i v' Sgerabar 1, 2006 d�ADED flROYrAINUW` pI��Y Ile STATE OF FLORIDA ) SS: COUNTY OF MIAMI -DADE ) oe Antony Vn Smith, Indi idually and as.Co- Trustee under that certain Declaration of Trust dated March 15, 1968 The foregoing instrument was acknowledged before me this day of ,T*, 2003, by Antony Van Smith, who is ,personally known to me or has produced as identification, and who didnnot take an oath. Notary. Public, State of Florida My commission Expires: Stephen D. Pearson NIyZONMIS5i0N# DD EXPIRES G September 12005 '?i "•,,, , ': B011DVDTdkU7WYrA1NiNWWCE= U (NOTARIAL SEAL) of STATE OF FLORIDA tness COUNTY OF MIAMI -DADS } ss: ) 1d yep William Van Smith, Individually The foregoing instrument was acknowledged before me this 304f' day of June, 2003, by William Van Smith, who is personally known to me or has produced as identification, and who did not take an oath. My Commission Expires: Notary Public, State 'of Florida (NOTARIAL, SEAL) 12 rimed amee of Witness] [Printed Name o Witness] STATE OF FLORIDA ) ) SS: COUNTY OF � nQle— ) OR BK 21460 PG 1158 LAST PAGE Parris, Van Smith, Individually The foregoing instrument was acknowledged before me this 2U day of June, 2003, by Parri Van S I th, who is 'personally known to me or has produced N cz.,�t g_ as identification, and who did not take.an oath. Notary Pbbll c, State of Florida My Commission Expires: 435 -1.302 5 OWNER'S TITLE INSURANCE POLICY Attorneys' Title Insurance Fund, Inc. o , ,. , SUBJEGT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B ANI? THE CONDITIONS AND STIPU- LATIONS, ATTORNEYS' TITT.F INSURANCE FUND, INC., a Florida cotgoration, herein calledTlie Fund, insures, as o£Date of Polity shown in Schedule A againstloss or damage, not exceeding the Amount of Insurance stated in Schedule A sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Fund will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and SdpuWa- lions. In Witness Whereof, ATTORNEYS' TITLE INSURANCE FUND, INC. has caused this policy to be signed and sealed as of Date of Policy shown in, Schedule A, the policy to become valid when countersigned by an authorized signatory. ",N, Z„ Attorneys' Title Insurance Fund, Inc. By Charles J. BovalesId President SERIAL OPM- 2189539 FUND FORM OPM (rev. 3199) Policy No.: OPM - 2189539 1. Name of Insured: City of South Mami FUND OWNER'S FORM SCHEDULE A Effective Date: July 25, 2003 at 11:00 p.m. Amount of insurance: $ 280,000.00 Agent's File Reference- 435-1 2. The estate or interest in the land described herein and which is covered by this policy is a fee simple (if other, specify same) and is at the effective date hereofvested in the named insured. as shown by instrument recorded in Official Records Book 21460, Page 1154, of the Public Records of Miami -Dade County, Florida. 3. The land referred to in this policy is described as follows: See Exhibit "X" attached hereto I, the undersigned agent, hereby certify that o the transaction insured herein is governed by RESPA, X Yes No o if Yes, to the above, I have performed all "core title agents services." X Yes' No Stephen D. Pearson, Esy. ISSUING AGENT - ATTORNEY OR FIRM OF ATTORNEYS 12401 South Dixie lliahway Mailing Address 435 -1.203 Fund OFM 12499 AGENT NO. AGENT'S SIGNATURE Pinecrest Florida 33156 City & State Zip FUND OWNER'S FORM Policy No.:OPM - 2189539 This policy does not insure against loss or damage by reason of the following: 1. Taxes for the year 2003 and subsequent years. 2. Riparian and littoral rights are not insured. 3. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled, and artificially exposed lands and Iands accreted to such lands. 4. Any lien provided by County Ordinance or Chapter 159 of the Florida Statutes in favor of any town, city, or other governmental authority for unpaid service charges for service by any water, sewer or gas system serving the lands described herein, and any lien for waste fees in favor of any county or municipality. 5. Easements, conditions, reservations, restrictions and other matters contained in the Plat of Amended Plat of Palm Mami Heights, according to the Plat thereof, as recorded in Plat Book 25, at Page 37. 6. Easements, conditions, reservations, restrictions and other matters contained in the Plat of Revised Plat of a Portion of the Amended Plat of Palm Mami Heights, according to the PIat thereof; as recorded in Plat Book 43, at Page 37. s T. Reservations recorded in Deed Book 2269, Page 483. 8. Charter of the City of South Miami Amendments to the Articles recorded in O$cial Records Book 10217, Page 994. All recording references are tb the Public Records of Miami -Dade County, Florida. Fund OPM 435 -1.203 Exhibit "X" OPM- 2189539 The East 101 feet of Lot 12, in Block 6, of AMENDED PLAT OF PALM MIAMI HEIGHTS, according to the Plat thereof; recorded in Plat Book 25, at Page 37, of the Public Records of Miami -Dade County, Florida AND The East.101 Feet of the East 34 of Tract -6, less the South 125 feet thereof, of REVISED PLAT OF A,PORTION OF. THE AMENDED PLAT OF PALM MIAMI HEIGHTS, as recorded in Plat Book 43, at Page 37, of the Public Records of Miami -Dade County, Florida. „y,pursue any litigation to final determination by a court of •;:.tent jurisdiction and expressly reserves the right, in its sole ,scretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires The Fund to prosecute or provide for the defense of any action or proceeding, the insured shall secure to The Fund the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit The Fund to use, at its option, the name of the insured for this purpose. Whenever requestedbyThe Fund, the insured, at TheFund's expense, shall gide The Fund all reasonable aid (1) id any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of The Fund may be necessary or desirable to establish the title to the estate or interest as insured. If The Fund is prejudiced by the failure of the insured to furnish the required cooperation, The Fund's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue anylitigation, with regard to the matter or matters requiring such cooperation. 5. Proof of Loss or Damage In addition to and after the notices required under Section 9 of these Conditions and Stipulations have been provided The Fund, a proof of Ioss or damage signed and sworn to by the insured claimant shall be furnished to The Fund within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defectin, or lien or encumbrance on the title, orothermatterinsured againstbythis policywhich constitutes the basis of loss or damage and shall state, to the extent possibig, the basis of calculating the amount of the loss or damage. If The Fund is prejudiced'by the failure of the insured claimant to provide the required proof of loss or damage, The Fund's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, orcontinue anylitigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimantmayreasonabiy be required resubmit to examination under oath by any authorized representative of The Fund and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any autho- rized representative of The Fund, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before 6r after Date of polity, which reasonably pertain to the loss or damage. Further, ifrequested by anyauthorizedmpresentativeofThe Fund, the insured claimant shall grant its permission, in writing, for any autiro- rized representative of The Fund to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain t6 the loss or damage. All information designated as confidential by the insured claimant provided to The Fund pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of The Fund, it is necessary in the administration of the claim'. Failure of the insureddaimanttosubmitforexaminadon under oath, produce other reasonably requested information or grant permission to secure rea- sonably necessary information from third parties as required in this paragraph shall terminate anyliability ofTbe Fund under this policyas to that claim. 6. Options To Pay or Otherwise Settle Claims; Termination of Liability In case of a claim under this policy, The Fund•shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by The Fund, up to the time of payment or tender of payment and which The Fund is obligated to pay. Upon the exercise by The Fund of this option, all liability and obliga. tions to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to The Fund for cancellation. (b) To Payor Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costa, attorneys' fees and expenses incurred by the insured claimant which were authorized by Th1 Fund up to the time of payment and which The Fund is obligated to pay; or (ii).to pay orotherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized byThe Fund up to the time of payment and which The Fund is obligated to pay. Upon the exercise by'The Fund of either of the options provided for in paragraphs (b) (i) or (ii), The Fund's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obliga- tion to defend, prosecute or continue any litigation. 7. Determination, Extent of Liability and Coinsurance Thu policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimantwho has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of The Fund under this p6licy shall notexceed the least of (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interestasinsured and the value of the insured estateor interestsubject to the defect, lien or encumbrance insured against by this policy. (b) ( 27 risparagra phdeaYiqu* hCoinno ameezoasremovedfromF7orMe policies.) (c) The Fund will pay only those costs, attorneys' feesand expenses incurred in accordance with Section 4 of these Conditions and Stipu- lations S. Apportionment If the land described in Schedule A consists of two or more parcels which are notused as asingle site, and a loss is established affecting one ormore of theparcelsbutnotall, the loss shall be computed andsettled on a pro rata basis as if-the amount of insurance under this policy was divided pro rata as to the value on Date of Policy ofeach separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by The Fund and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. Limitation of Liability (a) I£The Fund establishes the title, or removes the alleged defect, lien orencmnbrance, or cures the lack of a right ofaccess to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by The Fund or with The Fund's consent, The Fund shall have no Lability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, ad- verse to the title as insured. (c) The Fund shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of The Fund. 10. Reduction of Insurance; Reduction or Termination of Liability All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. Liability Noncumulative It is expressly understood that the amount of insurance under this policy shall be reduced by any amount The Fund may pay under any policy insuring a mortgage to which exception is taken in Schedule S or towhich the insured has agreed, assumed, or taken subject, orwhich is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. Payment of Loss (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or de- stroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of The Fund. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, A� CITY OF SOUTH MIAMI ARNEM Iff INTER-OFFICE E • ' To: Mayor, city comm'n and city manager Cc: Sandy Xoukilis, interim planning director, planning and zoning Michael Sprovero, exec. director, community development Hakeem Oshikoya, Finance Director Dated: December 17, 2003 From: Earl G. Gallop, city attorney Re: Hammock House Property (Van Smith Property) Transmitted is a copy of correspondence from George Lott outlining the city's obligations under the option to purchase real estate pertaining to the remaining 2/3's of the Hammock House property. As part of the exclusive option to purchase the westerly two -thirds of the property, under para. II(c) of the option agreement, the city is responsible for "paying all real estate taxes on the property prior to their becoming delinquent during the option period...: ' We have attached a copy of the option agreement for your review. Thank you. 10,/32A/2003- 11:58 3056636346 rsEDaos 1.%nxr MxaaAEL- D. Lavaca Gana -Leap) October 21, 2003 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive South Miami, Florida 33143 P,E-. Van Smith Property Dear Mr. OshikoYa: LOTT & LEvlx'z ATTORNEYS AT LAM' I am pleased to enclose eo the east 1/3 PAGE 17 DADELAND Corm(, 6VITE to', 9168 SO. DADELAND MOVLCVA"a Mwr=. FLOasOA aDLSs TBLGPNDNR (308) 670.0700 /AX t303) ,S70-0701 the original recorded Dee d by City. eV Insurance Policy r of the Van Smith property purchased The Contract of Purchase was amended byon o buefbragreement ul 03.pWhille the a closing on the east 1/3 of the property Y closing was dated as of June 301 2003, the transaction actu ally oc Jurred on ne 30, 20p4 2003. Based on the closing date of July IF 2003, the City plat) use its good faith best efforts to constitute 2ebu through single family or waiver home lots, plat) the balance of the property each with not less than 100 feet of frontage on SW 78 Street and until Tune 30,E 2005 to complete its option and purchase of the remaining 2/39 of the property. If the purchase of the remaining 2/3s of the property is concluded before June 30, 2004, then the re- platting or waiver of plat will obviously not be necessary and the costs associated therewith avoided. Please contact me to discuss how the City wishes to proceed - the City agreed to name the property Finally, just a reminder that, in the Contract, It purchased as the "Van Smith Park ", :IELOTT GJL :amj OPTION, TO PURCHASE REAL ESTATE This Option Agreement is made and entered as of the 0 day of June, 2003, by and between Mr. Garrett Van Smith and Antony Van Smith as Co- Trustees of the Howard and Anne Van Smith Declaration of Trust dated 3/16/68 (°Sellers`) and the qty of South Miami, a Florida Municipal corporation ("city"), L For and in consideration of the Lily's payment of the 2001 ad valorem taxes for the Property (as hereinafter defined) which are in the approximate amount of $7,50.00, Including penalties and Interest, and closing on the east 1/3 of the land at 7800 S.W. 59 Avenue, South Miami, Florida and other goad and valuable consideration, the receipt end sufficiency of which Is hereby acknowledged, Sellers grant the City of South Miami (the 'City) an exclusive option to purchase the westerly two- thirds of the land situated and located at 7800 S. W. 59°1 Avenue, South Miami, Florida 33143, in Miami -Dade county, State of Florida, and legally described as: Ai of Lot 12 and the North 22.59 feet of Lot 18, In Block 6, of AMENDED PLAT OF PALM MIAMI HEIGHTS, according to the Plat thereof, recorded In Plat Book 25, at Page 37, of the Public Records of Miami -Dade County, Florida; and The East 1/2 of Tract 6, less the South 125 feet thereof, of REVISED PLAT OF A PORTION OF THE AMENDED PLAT OF PALM MIAMI HEIGHTS, as recorded In Plat Book 43, at Page 37, of the � Public Records of Miaml -Dade County, Florida (the 'Propemn. if Subject to the City: (a) paying the outstanding 2001 ad valorem taxes on the Property and closing on the east 1/3 of the Property; (b) using its good faith best efforts to repiat the Property Into two (2) lots as described in the Addendum within the first year of the Option Period unless City doses earlier on the Property; and (c) paying all real estate taxes on the Property prior to their becoming delinquent during the Option Period, the parties hereto covenant and agree that thd;CRy shall have the right to exercise this Optlon at any time prior to the two year anniversary date of the dosing on the Cftys purchase of the easterly one -third of the Property, hereinafter referred to as the `Option Period', for the sum of $$60,000.00 far the Property. The City may exercise its exclusive right to purchase the Property at any time during the "Option Period' by giving thirty (30) day written notice to Sellers. As used herein, 're -plat' shall also mean 'waiver of plat', if same shall permit use of the property as two residential lots as described In the Addendum. Lillf The Sellers should convey good and marketable title to the Property to, the City in accordance with the attached Standards for Real Estate Transaction which are Incorporated as past of this Agreement. However, except for warranties of title, the Property shall be conveyed in "as is' physical condition. rV. City shall survey the Property at its expense prior to dosing. Such survey shall create a separate legal description for the home and a 10 foot area surrounding the home for which Mr. Garrett Van Smith shall retain an Irrevocable license. V. At dosing, Mr. Garrett Van Smith shall receive an Irrevocable license rA reside In the home located on the Property together with exclusive a to allow for Mr. Garrett Van Smith egress and ingress to the h ess easement exchange for ome. cc cc such rights, Mr. Garrett Van Smith agrees to care for and guard the Property, Including the home, during his lifetime or until his rights are vol guard y relinquished In writing, as he deems fit and suikabie. Mr. Garrett Van Smith shall not pay City for his irrevocable license and easement rights and same shall be personal to Mr. Garrett Van Smith and shall expire upon his death or voluntary relinquishment of such rights in writing, or abandonment, whichever shall occur firsL Abandonment shall be defined as not living in the home for more than six months unless Mr. Garrett Van Smith has been hospitalized, or is otherwise physically not residing in the home but provides the qty with written notice of his Intention to returq to the home. For purposes of this Agreement, permanently residing In an assisted care living facility shall not meet the definition of hospitalized. as he Mr. Garrett Van Smith' shall pay for the maintenance, utilities and repair of the home r. the property deems fit, during the period of his use of same and city shop pay the costs of maintaining the land at all times after dosing. in addition, City shall have the right to repair and maintain the home if it deems Mr. Garrett Van Smith's repairs and maintenance inadequate and If Mr. Garrett Van Smith has no objection to such Qrepairs and maintenance. During the lifetime of Mr. Garrett Van Smith, the City asing. erty the Prop only as a passive, nature parts. This provision shalt survive VI. City shall pay for documentary stamps on the deed, any surtax due on the deed, for an owner's title insurance Esq., at promulgated rate Policy to be Issued by Stephen D. Pearson, s, for an taxes on the property, Including for the year of closing, and all other closing costs except for any fees and costs due Stephen D. Pearson in connection with his representation of Sellers in this Option Agreement. Sellers shall not file or permit to be filed any claims of lien against the Property prior to dosing. After payment of fees and costs due Stephen D. Pearson, Esq. in this matter, the net sales proceeds shall be divided and paid in equal amounts to each of the beneficiaries of the Howard and Anne Van Smith Declaration of Trust. VII. All notices, demands and/or consents provided for In this Option Agreement shall be in writing and shall be delivered to the parties hereto by hand or by United States Mail with Postage pre -paid. Ali notices to Sellers shall be addressed to Sellers c/o: Stephen D. Pearson, Esq., 12401 South Dbde Highway, addressed addressed lto the unless City Attorney at Na written Ga! p Figueredo�i 3225 Aviatlony shall b ee Suite 301, Miami, Florida 33143, unless changed by written notice to Sellers. The Parties agree to keep each other reasonably apprised of the status of this matter and each parties efforts to achieve the dosing contemplated hereunder, which each party agrees to pursue in good faith. City shall give Sellers not less than 15 days notice of the date it desires to dose the purchase contemplated by this Option . Agreement, VIII. This Option Agreement shall be governed by and construed in accordance with the laws of the State of Florida. IX. The Parties represent and warrant that they have dealt with no broker, agent or other person In connection with this transactloh. X. This Option Agreement contains all of the terms, promises, coveriants, conditions and representations made or entered into by or between Sellers and the City and supersedes all prior discussions and agreements whether wn'tken or oral between Sellers and the City with respect to the Option Agreement and all other matters contained herein and constitutes the sole and entire agreement between Sellers and the City with respect thereto. This Option Agreement may not be modified or amended unless such amendment Is set forth In writing and executed by both Sellers and the City with the formalities hereof. This Option Agreement may be executed in counterparts. XI. WAIVER OF ' VRRY IRIAI THE PARTIES BY THEIR ACCEPTANCE HEREOF VOLUNTARILY, KNOWINGLY AND INTENTIONALLY WAIVE ANY AND ALL RIGHTS TO TRAIL SY )URY IN ANY LEGAL ACTION OR PROCEEDING ARISING UNDER THIS OPTION AGREEMENT OR PERTAINING TO ANY TRANSACTION RELATED TO OR CONTEMPLATED THEREBY, REGARDLESS OF WHETHER SUCH ACTION OR PROCEEDING CONCERNS ANY CONTRACTUAL, TORTIOUS OR OTHER CLAIM OF WHATEVER KIND WHATSOEVER. THE PARTIES ACKNOWLEDGE THAT THIS WAIVER OF )URY TAM IS A MATERIAL INDUCEMENT TO EACH PARTY ENTERING INTO THIS OPTION AGREEMENT WITH EACH OTHER, THAT THEY WOULD NOT HAVE ENTERED INTO THIS OPTION AGREEMENT WITHOUT THIS JURY TRIAL WAIVER, AND THAT THEY EACH HAVE HAD AN OPPORTUNITY TO CONSULT WITH AN ATTORNEY IN CONNECTION WITH THIS )URY TRIAL WAIVER AND UNDERSTANDS THE LEGAL EFFECT OF THIS WAIVER. IN WITNESS WHEREFORE, the parties have hereunto set their hands and seals this — day of May, 2D03. Signed, sealed and delivered BUYER; In the presence oft As to BUYER As to SELLER As to SELLER SELLER: R V sMTIH, Tnrstear Date: ANTO SMITH, T Date• RESOLUTION NO. 190 -04 -11969 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO REAL PROPERTY; AUTHORIZING THE PURCHASE OF THE PROPERTY, CONSISTING OF THE EAST 101 FEET OF 7800 SW 59 AVENUE, SOUTH MIAMI; AUTHORIZING THE CITY TO ACCEPT THE DEED TO THE PROPERTY UPON CLOSING AND REQUESTING TAX EXEMPTION OF THE PROPERTY, OTHERWISE KNOWN AS THE "HAMMOCK HOUSE"; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami has scheduled a closing for the purchase of the Hammock House for December 13, 2004, which closing shall convey to the City of South Miami the east 101 feet of the property located at 7800 S.W. 59`h Avenue, the legal description of which is more fully described as follows: The East 101 feet of Lot 12, in Block 6, of AMENDED PLAT OF PALM MIAMI HEIGHTS, according to the Plat thereof; recorded in Plat Book 25, at Page 37, of the Public Records of Miami -Dade County, Florida. AND The East 101 feet of the East %z of Tract 6,. less the South 125 feet thereof, of REVISED PLAT OF A PORTION OF THE AMENDED PLAT OF PALM MIAMI HEIGHTS, as recorded in Plat Book 43, at Page 37, of the Public Records of Miami -Dade County, Florida. WHEREAS, the City Commission of the City of South Miami desires to purchase the property, accept the deed upon purchase, to dedicate the property to public use and to obtain an exemption from ad valorem taxation for the property. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City of South Miami authorizes payment to the seller Garrett and Antony Van Smith, as Trustees 16061 SW 85b Avenue, Pinecrest, Florida 33157 of $556,549.40 as the purchase price for the property located at the East 101 Feet of 7800 SW Wh Avenue, South Miami, Florida 33143, known as the "Hammock House." The funding for this purchase shall be paid out of Account No. 001 - 2100 -519 -9926 (Debt Service Real Property) which has a current balance of $245,000. Additions shown by underlining and deletions shown by av stile= ag. Res—No. 190 -04 -11969 Section 2. Further, the City authorizes the placement of $30,000 into the escrow account of Stephen D. Pearson, Esquire, as closing agent, to cover the ancillary closing costs associated with the property transfer, which ancillary costs include: the payment of the 2004 property taxes, the city's attorney's fees and survey costs. Attached to this resolution as exhibit 1 is the HUD -I Uniform Settlement Statement reflecting the closing purchase price of $558,549.40, which closing price does not reflect ancillary closing costs. Section 3. Upon transfer of the property, the City of South Miami shall accept delivery and shall immediately record the trustee's deed for the above - described property. The property shall be dedicated to public use. Section 4. The City of South Miami requests exemption from ad valorem taxes as of the date of recording the deed pursuant to Florida Statutes, Section 196.28. Section 5. A certified copy of this resolution shall be recorded among the public records for Miami -Dade County and transmitted to the Miami -Dade Tax Assessor and its Tax Collector. Section 6. This resolution shall take effect immediately upon apprev 1. the City Clerk inserting into Section 1 the account number from which the funds will be taken. PASSED AND ADOPTED this 7th day of December, 2004. ATTEST: APPROVED: t tii� /'- Q -�7 H ` ITYY CLERK J -.Wy Documenrs\msoludons \R�olufion Hammock House.doc Page 2 of 2 4 -0 absent Yea Yea Yea Yea COMMISSION VOTE: AND APP D AS TO FORM: Mayor Russell: Vice Mayor Palmer: e Commissioner Birts- Cooper: U TO Y Commissioner Sherar: Commissioner Wiscombe: J -.Wy Documenrs\msoludons \R�olufion Hammock House.doc Page 2 of 2 4 -0 absent Yea Yea Yea Yea 26 �-o tli w 2, Q Z Z o: s s F- E v a 3 77ieArtofLiring, TheAxtofGivtrzg, cuonjajacobson ' jewehy Designer Thursdoy, December 2, 0:30 - 8130 pm jessid Yorlr Hochman Oil & Acrylic Artist Friday, December 3, 7:00 -10:00 pro, The Gilded Hand 165AragonAvenue I Coral Gables , 305.4411445 tel 1 305.442.1570 fax' Mon -Fri 1030 atn - 9 pin Sat-Sun 10:30 am - 5•.30 pro www.thegildedhand.com (Acrossham the CofoaaadaHveAp Celebrating over 30 years of academic excellence and Chrigtiali values '• PreK -3 through 5th Grade Academic enrichment classes • State -of -the -art computer lab • Fully equipped science lab • Daily Spanlsh classes for K -5th Grade Extended day programs and child care •lnfant/Toddiet Program Open House Wednesday, December 1 of 9:00 a.m. 305 =271 -3723 3465 SW 11'2th Sueet KE _SCHOOL Le;t of 1 on — SCHOet --- � 112th St. West of USi elmmm�•tx�anrngwi•e owa� (306)271 -3723 www.kendWichrietien.COM COURTESY (NOTICE CITY OF SOUTH MIAMI; FLORIDA On Tuesday, Dece'rnber 7; 20D4, beginning at 7:30 p.m., in the City Commission Chambers, 6130 .Sunset Drive, the City Commission will consider the following Item: ALL Interested parties are invited to attend. Maria -M. Menendez City Clerk ORM ... Marine Corps 1st Lt. Ken- neth James del Mazo has been deployed to Iraq as the executive officer of the. 2nd Battalion, 10th ;Marines of Fox Battery. He is a 1996 graduate of Christopher Columbus High School and a 2001 gradu- ate of the US. Naval Academy: Del Mazo is the son of Oscar and Sus:16 del Mazo u NGami- Dade County and the husband of Jazmhte Patino del Mazo. Douglas M. Howard has received his second silverbar . and bas been promoted to lieutenant in the U.S. Navy. Howard graduated in 1996 with honors from the Interns tional B m secalaureate program at Coral Gables High School. He received a ,bachelor's degree in economics in 2000 from the U.S. Naval Academy at Annapolis, Md: Howard is a pilot assigned to the Fleet Air Reconnaissance Squadron One (VQi), known as "the '! World Watchers, stationed at Naval Air Station Whidbey Island, Wash. He is an aircraft and mission commander aboard a US. Navy EP-331 ARI- ES -I1 signals intelligence - reconnaissance aircraft. He is the brother of Derek Howard, and the son of Elsa and Keith Howard of Miami -Dade County. Navy Airman Gerald Tuttlo, son of Gerald and Deb- bie Tuttle of Miami -Dade County, helped competitors at the Virginia Special Olympics on Oct. 16 at Naval Station Norfolk, Va. Tuttle is an avia- tion ordnanaeman attached to the amphibious assault ship U §S Nassau (LHA 4). Army Maj. Otto 14 Liller has reported to the College of Naval Command and Staff at the' Naval Wsr College in Newport; R.I. He is the son of Otto and Jane M. -Liller of Ward release her spare during the bo' at the Virginia Special Olympics. Miami -Dade County:. The major graduated. in 1989 from Miami Sunset High School, and received 'a bachelor's degree, in'1993 from the Uni- versity of Miami.. Army. Pvt. James A. Pratt has graduated from b asic com- bat.training at Fort Knox, Ky. Pratt i5 the son of James Pratt of Miami -Dade county, He is a '2001 graduate of South Ridge High School Naiy Seaman Recruit Rob- ert L. Schuknecht, son of N1yo S.•Ye and Michael, A. Schuknecht of Miami -Dadd County, recently completed U.S.. Navy . basic training at Recruit Training. Command, Great Lakes, BL Schuk iecht is a 2002 graduate of Homestead High School. Navy; Seaman Apprentice Equian J. Walker, son of Shevet R. Nelson of Horne -. stead, recently completed U.S. Navy basic training at Recruit Training Lakes, Ii graduate School. Navy quis A. Renessa Dade Cc plated U at Reen Great La Navy for Este Lopez,a Miami -I complel training Comma Nefg! compila all item: form r/' Mori, 73( 200, Mill jgarcia include' you can .Stand up for your rights and watch Actionline'stand I Gsoa3s J. LOTT MxcR zm. D. L.8V11PE (1959 -1093) December 21, 2004 Maria Davis City Manager. City of South Miami. 6130 Sunset Drive Miami, Florida 33143 LOTT & LEVINE ATTORNEYS AT LAW OADELAND CENTRE, SUITE 1014 9155 SO. DADELAND BOULEVARD MIA 1, FLORIDA 33156 TELEPHONE (305) 670.0700 FAX(305)670.0701 `L- &, Re: Purchase of remaining Parcel of Van Smith Property Dear Ms. Davis: I am pleased to enclose an original signed Closing Statement, as well as copies of the Trustees' Deed, Grant of License and Affidavit of Trustees in connection with the City's purchase of the remaining parcel of the Van Smith Property. I will forward to you the Title Policy and original Deed as soon as it is returned to me by the Recording Clerk. In the meantime, should you have any questions, please do not hesitate to call me. . Very truly Enc. ah1' P °+ f� 1 k� �P 1 WWII CLEF K'S OFFICE I DEC 42 3 2004 MANAGEF"i 'S .. Stephen D. Pearson, Esq. 12401 South Dixie Highway.. - . Pinecrest, Florida 33156 - Parcel I.D. No::09- 40 -36- 0390020 . TRUSTEES' .DEED THIS TRUSTEES' DEED, made as of, and delivered the �! day of December, 2004,etween Garrett Van Smith a /k /a Garrett Vansmith S and Antony Van Smith a /k /a.Anthony Van Smith and Anthony Vansmith, individually and as Successor Co- Trustees under that. certain Declaration of Trust dated March 15,.1968 and recorded in Official Records Book 6161, Page 450, of the Public Records of,Miami -Dade County, Florida, joined by William 'Van Smith a /k /a William Vansmith,. individually, and Parris Van Smith a /k /a Parris Vansmith; whose address is 16062 S.W. 86 Avenue, Miami, FL 33157, (collectively,.: "Grantor "), and City of South. Miami, a political subdivision of .the State of..Florida, whose post office address is 6130 Sunset Drive, South.Miami, FL 33143,.( °Grantee"), WITNESSETH, that Grantor, for and in consideration of the,sum of Ten Dollars ($10.00),. to Grantor in hand paid by Grantee, and other good. and valuable consideration, the receipt. whereof. is hereby acknowledged, has granted, bargained and sold to Grantee, and hereby transfers and conveys. to Grantee and Grantee's successors, heirs and /or assigns forever, the following described property, to wit: Lot 12 less the East 101 feet thereof and the North 22.59 Feet of Lot 18, 1 in. Block 6, of AMENDED PLAT OF PALM MIAMI HEIGHTS, according to the Plat,thereof; recorded'in.Plat Book 25, at Page 37, of the Public Records of Miami Dade County, Florida AND The East % of Tract 6, less the East 101 Feet thereof and less the South 125 feet thereof, of REVISED PLAT OF A. PORTION OF THE AMENDED PLAT OF PALM MIAMI HEIGHTS, as recorded in Plat.Book 43, at Page 37, of the Public Records of Miami -Dade County, Florida (collectively, the „Property„) SUBJECT TO: 1.Taxes for the year 2004 and subsequent years. 2. Conditions, restrictions,. agreements, covenants, requirements, limitations and easements of record, if any, but without.intent to reimpose same. 3.Zoning ordinances and other restrictions, requirements. and prohibitions imposed by'applicable governmental authorities. 4. An irrevocable license in favor of Garrett Van Smith to exclusively use that portion of the Property consisting of the existing improvements, and a ten (10) foot area surrounding such existing improvements for his residence,, such area being graphically depicted on the survey attached hereto and a part hereof, as Exhibit °A and an irrevocable license in favor of Garrett Van Smith to. non- exclusively 'use 'all other .portions of ..the Property for purposes of ingress, egress and maintenance. Such irrevocable licenses shall not terminate during the lifetime of Garrett Van smith unless they are earlier voluntarily relinquished in writing or abandoned by Garrett Van Smith, To have and to hold the same in fee simple forever. Grantor warrants the title to the property to Grantee.and. Grantee's heirs,' successors, and assigns, against every person lawfully claiming the property, or any part thereof, by, through, or under the.Grantor, but not otherwise.. IN WITNESS WHEREOF, Grantor has signed and sealed these presents on the day and year first above written. Signed, sealed and delivered in our presence: Garrett Van Smith, Individually .(Print 6d Name of,.Witness]_ land as Co- Trustee under that certain Declaration of Trust dated March 15, 1968 [Printed ffame of Witness] [Printed Name of Witnessj (Printed Name o�— fOWitnessj STATE.OF FLORIDA ). )SS: COUNTY OF MIAMI -DADE ) Antony Smyth, Inaaviaua. and as - Trustee under that: certain Declaration of Trust dated March 15, 1968 The foregoing instrument was acknowledged before me this �f day of December, 2004, by Antony Van Smith, who is personally known to me or has produced as identllft ticn. Notary Public, State of Florida . My Commission Expires: (NOTARIAL._SEAh) 3 : g1kC'>Rb Stephen D. Pwrwn . *; :�` MYCOMMINON# DW24913 FRPAtES :'• `' September i, 2005 M1$� 'OONOEPiNRUTROY iAINWRANCFINC STATE OF:FLORIDA ) SS: COUNTY OF MIAMI -DADE ) The foregoing instrument was acknowledged before me this day of. December, 2004, by William Van Smith, who is. .personally known to me or has produced as identification. Notary Public, State of Florida My Commission Expires:' (NOTARIAL SEAL) 'A ANA; Stephen D. Pearson F: MYCOMMISSION# DD524913 EXPIl2E5 "`• September t, 2505 sum 'ONDto rs'YLNft LwC' 0 STATE OF FLORIDA ) SS: COUNTY of MI%%I- (i1Q�Lr) The foregoing .instrument was acknowledged before me this day of December, 2004, by Parris Van Smith, who is, personally known to me or has produced as identification. Notary State of Florida. My Commission Expires: (NOTARIAL SEAL) v' 'w, Stephen D. Pearson 0;'. .'S MICOMMf 01,no DD024913 EXPIRES Stephen 0 Dporson September1,2005 MYCOMr�I s� �n nJ,r)3 EXPfRE3 % 4 ONDEDmRUTROYFPINWSUMNCF.IV— HUMAD (Dkb.o,..neciNSURgNLi, W( 5 Joinder on Deed In consideration of Ten and no /100 Dollars, 'and.other ` good 'and valuable consideration, the City of South Miami, a political subdivision of the State of Florida, hereby joins on this Deed to acknowledge its consent and. agreement.. to the license granted to Garrett Van Smith as more particularly described herein. Witnesses:, City of South Miami, a political subdivision of the State of Florida [Printed Name of Wi 1i [Printed - BE STATE OF FLORIDA ) SS:.. COUNTY OF MIAMI -DADE ) The foregoing instrument was-.-ya,c�knowle'/d ed before me this i day of December, 2004, by /4 /CG�LLQ_UGtG�L✓i as the Authorized Agent of the City of South Miami,. and he /she acknowledged, before me that his /her actions were duly authorized and are binding on the City of South Miami. He /she is personally known to . me or has produced as identification. Notary. Public, State of Florid My Commission Expires: (NOTARIAL SEAL) Y MARIA M. MENENDEZ r WCOMM19910NM 00279979, ' EXFIMEB: March 98,2006. 435 -2.302 �eusNOrAav FLNMeY MOOamass 00, 6 ^w• W �m am eg H .. ' - 3M1N34tl•WSS MS ,.. �' �g� �� o f N 2 P woo .4 010 w w fo ycn � Sm4. a W6i ppppp z< � 7�U. t (nZ MF.. b I'� u �aao' w o .. :,0� 1 N,� �� 0 8WF • U., OqH VO, F taVP�F, H' HH wHH'.yz�pw. aaN' �E2�P qQ pao 3nNBAV 4169 MS pN 2' a'o' fam 3 opx� 1T'NGSYII ','py pwl: �HC1 NMw mC�3S; m2y � 8� .b{en snefi (WPM{.6L24L AYM1WWgjri G3drJ9 {pq '. �.-0�'�'�` -�'pd �EXSWII� 3 _ F « aw F., �a ` • w.Rl antic u y tV � � g$$ �: p ��$So e� . �' Hbn B • �. � �h ff l' N m .. �� apo� °�iyirc° vyi .. .�i.. y ~ to O�rL¢uSS ¢$� oil 919 in VOUH A •eww•*IWas � � N .. SN. 0 This Instrument Prepared by and Return to:.. .. Stephen D. Pearson, Esq. 12401 South Dixie Highway . Pinecrest, Florida 33156 Grant. of License This Grant of License is made this day of December, 2004 by the City of South Miami, a political subdivision of the .State of Florida, whose post office address is 6130 Sunset Drive, South Miami, FL 33143, ( "Licensor ") in favor of Garrett Van Smith, an individual, whose . address is 7800 SW 59 Avenue, South Miami, FL 33143.("Licensee "). WITNESSETH WHEREAS, Licensor is the owner of certain property legally described as: The East 101 feet of Lot 12, in Block 6, of AMENDED PLAT OF PALM MIAMI. HEIGHTS, according to the Plat thereof; recorded in Plat Book 25, at Page 37, of the Public Records of Miami -Dade County, Florida AND The East 101 Feet of the East '/2 of Tract 6; less the South 125 feet thereof, of REVISED PLAT OF A PORTION OF THE AMENDED PLAT OF PALM MIAMI HEIGHTS, as recorded in Plat Book 43, at Page 37, of the Public Records of Miami -Dade County, Florida (the. "Property"); and WHEREAS, Licensor has agreed to grant an irrevocable license to Licensee to use the Property as more particularly described herein. NOW, THEREFORE, in consideration of Ten and No /100 Dollars ($10.00) and other good and valuable consideration from Licensee to Licensor, the receipt and sufficiency of which is hereby acknowledged, Licensor hereby grants an irrevocable, nonexclusive license to Licensee over and across the Property for the following reasons and purposes: A. For ingress and egress to and from. the following described property: Lot 12 less the East 101 feet thereof and the North 22.59 Feet of Lot 18, in Block 6; of AMENDED, PLAT OF PALM MIAMI HEIGHTS, according to the Plat thereof, recorded in Plat Book 25, at Page 37, of the Public Records of Miami -Dade County, Florida AND The East' /2 of Tract 6, less the Bast I01 Feet thereof and less the South 125 feet thereof, of REVISED PLAT OF A PORTION OF THE AMENDED PLAT OF PALM. MIAMI HEIGHTS, as recorded in Plat Book 43, at Page 37;.of the Public Records of Miami -Dade County, Florida; and . B. For maintenance of the Property... Licensor acknowledges and agrees that the said license will be irrevocable and shall not terminate during the lifetime of Garrett Van Snvth unless it is earlier voluntarily relinquished in writing or abandoned by Garrett Van Smith. IN WTTNES WHEREOF, Licensor has, caused this Grant of License to be duly executed and delivered by its authorized agent this � day of December, 2004. Witness City of South Mann, apolitical subdivision of the' — ��%_v� State of Florida .[Printed Name of Witness] By:% / uthorize Agent [Printed Na Ye of Witness] STATE OF FLORIDA ) Y SS: COUNTY OF MIAMI -DADE ) The foregoing instrument was acknowledge before me this day of December, 2004, by )je&t q, /X as the Authorized Agent of the City of South Miami, and he /she acknowledged before me that his /her.actions were duly authorized and are binding on the City of South iami..He /she is personally known to me or has produced �Warr,o as identification. Nbt ry Public State of Florida My Commission Expires: (NOTARIAL SEAL) MAPoAM.MENENDEZ 435 -2.307 , Q; MY COMMISSION# DO 271979 ?01Fyo EXPIRES: Maron 19, 2009 tAW &NOTARY FL NM Ytft= t A4 Om r. 1f AFFIDAVIT OF �RII5TFE6 Before me, the undersigned authority;,personally appeared Garrett Van Smith and Antony Van Smith a /k /a Anthony Van ,Smith,,,.' . as Successor Co- Trustees under that.certain Declaration, of Trust, dated March i5, 1968 and recorded in Official,.Records Book 6161,. Page 450, of the Public Records ;of. Miami-Dade .County, Florida,: who being by me first duly. :pworhZ on oath, depose .and.say;,that- 1) They are the sole trustees of the, trust created by,that certain Declaration of- Trust.. dated March ,15;.1968,,executed by Howard Van Smith a /k /a Howard Vansmith and A�ane.`Van Smith .a /k /a Anne Vansmith for the'use.and'benefit of Howard Van - Smith a /k /a.. . Howard Vansmith; Anne .Van Smith a /k /a- Anne.Vansmith,;..Garrett Van .. Smith a /k /a Garrett Vansmith. Antony Van.Smith a /X /a Anthony Vansmith; Parris Van Smith a %k /a" Parris, Vansmith and William Van, _ Smith a /k /a William Vansmith as.beneficiaries , and.recorded in Official Records Book 6161, _Page' 45.0,'of.. the ,, Public `Records ' of Miami -Dade County,,Fl.orida.(the.!'Trust ") 2. Howard Van Smith a /k. /a Howard Vansmith and'Anne.Stan Smith "a /k /a Anne Vansmith are deceased, and, pursuant .to, the term of the Trust;. Garrett Van Smith a /k /a'.Gariett Vansmith.`Antony_Van Smith a /k /a Anthony Van, Smith and Anthony. Vansmith, Parris: Van Smith `,'a /k /a Parris Vansmith and William Van. Smith. a %k /'a William: Vansmith are today the.sole.beneficiaries . of..the Trust, 3) The Trust has been 'in.contliWous'exisence.since the date of t, its formation through the date of execution of this. affidavit. .4J Pursuant to that certain Amended Order. Appointing Successor. Co- Trustees entered in In Re: Howard Van Smith and Anne Van Smith - Declaration of Trust Dated March 15, 1968 (Probate Division File No. 01- 5104 /Division 04) and 'recorded in Official. Records Book 20435, Page 3630, of the Public Records of Miami- . • Dade County, Florida, Garrett Van Smith and Antony Van Smith are the Successor Trustees of the .Trust with all powers of Trustees . under the Trust. 5) Garrett Van.Smith and Antony,Van Smith, as Successor CO- .Trustees under- the-Trust are' the owners of' certain real property,- situate in Miami -Dade County, Florida; as. more particularly described on Exhibit "A" attached hereto ;(the "Property!'). 5) Under the terms. of 'Article VII of.the Trust, the Trustees` jointly have power, and authority to sell,., convey and.otherwise 15 -05 -11994 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO ACQUISITION OF THE "HAMMOCK HOUSE "; AUTHORIZING THE CITY MANAGER TO NEGOTIATE A LOAN IN THE AMOUNT USED TO ACQUIRE THE PROPERTY AND REIMBURSING VARIOUS BUDGET ACCOUNTS WITH THE AMOUNT TRANSFERRED FROM THEM FOR THE TRANSACTION. WHEREAS, the City Commission approved resolution number 190 -04 -11969 on December 7, 2004 to authorize the purchase of remainder of the property known as the "Hammock House"; and WHEREAS, payment for acquisition of this property was made out of various budget accounts in order to expedite the closing for tax purposes before the end of the year; and WHEREAS, the City Administration wishes to negotiate a loan to replenish the various budget accounts with the amount of $567,366.50 used to close the transaction. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The above whereas clauses are incorporated by reference. Section 2. The City Manager is authorized to negotiate a loan with any lending institution that offers the best rate in the amount of $567,366.50 plus related loan charges to replenish the city's budget accounts and pay for the loan transaction fees associated with the purchase of the "Hammock House." Section 3. The City Manager is to negotiate a loan with a lending institution and shall bring the loan documents by to the City Commission for final authorization and approval. Section 4. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 4,tday of February, 2005. ATTEST: TY CLERK COMMISSION VOTE: READ AND APPROVED AS TO FORM: C ATTORNEY c..• CbMMISSION VOTE: 4 -0 Mayor Russell: Yea Vice Mayor Palmer: Yea Commissioner Wiscombe: Yea Commissioner Birts- Cooper: Yea Commissioner Sherar: absent ,A" CITY OF SOUTH MIAMI fflogram my INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: February 1, 2005 From: Maria V. Davis j AGENDA ITEM 4* City Manager C S Re: Commission meeting February 1, 2005 Negotiation of loan on the Van Smith Property (Hammock House) RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO ACQUISITION OF THE "HAMMOCK. HOUSE "; AUTHORIZING THE CITY MANAGER TO NEGOTIATE A LOAN IN THE AMOUNT USED TO ACQUIRE THE PROPERTY AND REIMBURSING VARIOUS BUDGET ACCOUNTS WITH THE AMOUNT TRANSFERRED FROM THEM FOR THE TRANSACTION. BACKGROUND On December 7, 2004, the City Commission approved resolution number 190 -04 -11969 to authorize purchase of the property known as the "Hammocks House ". In order to expedite closing of the purchase before the end of the year for tax purposes, funds for the transaction were temporarily transferred from various budget accounts pending negotiation of a loan by the Finance Director after returning from vacation. The attached resolution is requesting your authorization to negotiate a loan in the amount of $567,366.50 plus loan transaction fees with any qualified lending institution that offers the best rate, to reimburse various budget accounts used to pay for the acquisition. At the conclusion of the loan negotiation, I will forward the full loan documents for your review and approval to complete the transaction. RECOMMENDATION Approval is recommended. r-rry n>: cnl ITN MIAMI 2004 -05 PROPOSED EXPENDITURES BUDGET 2170 FUND 2m DEPARTMENT 217 21 FUNCTION 211 2175 2176 21 A GENERAL DIVISION ACCT NO e NON - DEPARTMENTAL EXPENSES NON - DEPARTMENTAL EXPENSES OTHER GENERAL GOVT SERVICES ACCOUNT CLASSIFICATION C 01 21 00 519 ACTUAL 2002- 03 ES D ADOPTED 003.2004 DEPARTMENT'S 2004.2005 J Cm MANAGER'S .. 0 RECO2 M04E -20pb 2178 2179 y78 2181 z182 2183 21 2185 298 2187 2188 2188 1210 2110 2210 2220 2310 SALARIES &FRINGE BENEFITS SALARIES & WAGES - REGULAR TOTAL SALARIES & WAGES F.I.CA PENSION PLAN CONTRIBUTIONS DEFERRED COMPENSATION CONTR GROUP HEALTH INSURANCE TO ?AL PERSONNEL SERVICES 31 690 $31,690 938 625,799 341 530 4,588 $699,545 $0 $0 $0 772,840 42,040 0 $814,880 $0 $p $0 $0 $0 780,000 50,000 0 $830,000 $0 7SO,D00 0 $830,000 2190 2191 2192 2193 2194 2195 2196 2197 2198 2199 2260 2201 2202 2203 2204 2205 2208 2207 2208 2209 2210 2211 2212 2213 2214 2215 2216 2217 2218 3160 3210 3440 3450 4670 4080 4126 4425 4440 4630 4720 5210 5550 5590 8310 9210 9230 9240 9910 9915 9920 9924 925 9926 9931 9932 9950 SERVICES & SUPPLIES PRE - EMPLOYMENT PHYSICALS AUDFTOR'S FEE CONSULTANT -LABOR AT70RNEY CONTRACTUAL SERVICES TRAVEL &CONFERENCE EMPLOYEE EDUCATION COMMUNICATIONS- TELEPHONE SER LEASE PURCHASE - POLICE 800 MHZ LEASE PURCHASE- TELEPHONE MAINTENANCE & REP -COMM EQPT PRINTING &PHOTOCOPYING SUPPLIES AFTER SCHOOL PROGRAM . • LONG RANGE PLANNING SEED FUNDS CONTRIBUTION TO INS. FUND CONTRIBUTN TO S MARTIN TRUST CONTRIBUTION TO CRA TRUST FUN CONTRIBUTION SPECIAL EVENTS CONTRIBUTION -RED SUNSET MERC GENERAL CONTINGE Y SETTLEMENTS PARKS GRANT MATCHING FUND DEBT SERVICE -REAL PROPERTY AC ECONOMIC DEVELOPMENT STREET BEAUTIFICATION RESERVE $0 0 p 0 0 0 64956 0 1,784 7.230 0 p 0 0 0 77 660 0 0 64.017 0 25,739 0 0 0 0 0 2500 $0 47 500 p 17,500 0 0 78.000 25,000 D 11,500 7,500 500 0 0 0 25,000 0 0 49,520 114,116 0 0 0 0 0 1 5,000 S9 50,000 50,000 0 0 0 78,000 25,000 o 3,000 0 500 p 0 0 25,000 0 0 50,0000 115000 0 0 0 0 p 5,000 gp 50,000 50,600 0 p 6 78, 25.006 p 20,000 500 0 p 0 25,006 6 0 50,0000 123,500 37 000 245,000 5.000 50,000 500 2219 2220 TOTAL SERVICES & SUPPU£S $243,086 $381A30 $401,500 $944,00 2221 TOTAL OPERATING EXPENSES $943,431 $1,196,010 $1,231,500 2223 THIS PAGE IS PRINTED ON RECYCLED PAPER 2224 065 1 City of South Miami 2 Special City Commission Minutes 3 September 28, 2004 4 5 CALL TO ORDER: 6 7 The City Commission of the City of South Miami, Florida met 8 in special session on Tuesday, September 28, 2004, beginning at 9 6:00 p.m., in the City Commission Chambers, 6130 Sunset Drive. 10 11 A. Roll Call: 12 The following members of the City Commission were present: 13 Mayor Mary Scott Russell, Vice Mayor Velma Palmer, and, 14 Commissioners Randy G. Wiscombe, Marie Birts - Cooper and Craig Z. 15 Sherar. 16 17 Also in attendance were: City Manager Maria V. Davis, City 18 Attorney Luis Figueredo, Finance Director Hakeem Oshikoya and 19 City Clerk Maria M. Menendez. 20 21 B. Invocation.: The invocation was delivered by former Mayor Dr. 22, Anna Price. 23 24 C. Pledge of Allegiance: 25 The Pledge of Allegiance was recited in unison. 26 27 D. Presentation(s) 6:00 p.m. 2$ 29 a) Budget and Finance Committee 30 31 Mr. Sellars, one of the five members of the Budget and 32 Finance Committee, indicated that the Committee had not have 33 enough time to review all the information concerning the budget 34 and was not prepared to vote on anything. He said that they could 35 answer any questions the Commission may have and reiterated that 36 they were not ready to make any recommendations. 37 38 b) Acquisition of YMCA property 39 40 Ms. Davis presented an overview of the proposed acquisition 41 of the YMCA property, consisting of the following discussion 42 items: Park Overview; Park Operations; Benefits to the Community; 43 Proposed Purchase; and, Concurrency Issues. 44 45 Before she went into the presentation she explained to the 46 Commission that even though she had met with the "Y" SPECIAL CITY COMMISSION 1 MINUTES - September 28, 2004 I representatives as she had announced, she did not have further 2 information in terms of a dollar amount since they were more 3 interested in parameters of the deal. Then Mr. O'Donniley 4 explained the importance of meeting concurrency which is four 5 acres per 1,000 from the City's current population of 10,891 as 6 of August 2004 per the "Bureau of Economic and Business Research" 7 (BEBR). 8 9 Vice Mayor Palmer expressed some concern in terms of the 10 importance of having some type of a back up plan in the event 11 that the "Y" would not going along with the lease plan. Ms. Davis 12 explained that all of that will be stipulated in the contract to 13 enable the City to enforce any thing that we agree upon. 14 15 With no further comments or discussion, the presentation 16 concluded. 17 18 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 19 r' Reading of Ordinance/ Public Hearing(s) 20 21 1. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 22 CITY OF SOUTH MIAMI, FLORIDA, LEVYING THE MILLAGE OF 23 7.373 WHICH EXCEEDS THE ROLLBACK RATE BY 13.0% AND 24 RESULTING IN 0%s INCREASE IN PROPERTY TAX RATE IN THE 25 CITY OF SOUTH MIAMI, FLORIDA, FOR THE FISCAL YEAR 26 2004/2005; PROVIDING FOR SEVERABILITY; ORDINANCES IN 27 CONFLICT AND AN EFFECTIVE DATE. 3/5 28 (City Manager) 29 30 Moved by Vice Mayor Palmer, seconded by Commissioners 31 Wiscombe and Birts - Cooper to approve this item. 32 33 Moved by Commissioner W.iscombe, seconded by Commissioners 34 Sherar, the motion to table this item passed by a 5 -0 vote: 35 36 Commissioner Wiscombe: Yea 37 Commissioner Sherar: Yea 3$ Vice Mayor Palmer: Yea 39 Commissioner Birts- Cooper: Yea 40 Mayor Russell: Yea 41 42 43 2. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 44 CITY OF SOUTH MIAMI, FLORIDA, ADOPTING A BUDGET OF 45 $14,242,617 AND PAY PLAN FOR THE 2004/2005 FISCAL YEAR; 46 PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND 47 AN EFFECTIVE DATE. 3/5 48 (City Manager) SPECIAL CITY COMMISSION 2 MINUTES - September 29, 2004 1 2 Moved by Commissioner Sherar, seconded by Commissioner 3 Wiscombe to approve this item. 4 5 At this time Mayor Russell opened the floor for public 6 hearing. 7 8 Yvonne Beckman said that she feels that since the beginning 9 of the budget process she has done her civic duty to ensure that 10 the citizens` view points are addressed. In recapping, she said 11 that their taxes are up from the assessments; they also pay 12 half -penny sales tax, and if this budget passes they will pay a 13 6% tax increase over last year. She said that she has presented 14 her recommendation to reduce each department by a percentage to 15 allow up to one mill reduction. She said that she has also 16 provided information about the. Consumer Price Index which in 17 South Miami supersedes by 150 %. She then said that the 18 composition of the Budget and Finance Committee did not 19 represent anyone east of US1; said to be in favor of purchasing 20 the Van Smith property; said that the pension payment for former 21 City Manager Scurr should go into the contingency fund and not 22 in the regular budget; she asked as to where are the Christmas 23 lights that were purchased several years ago for about $40,000. 24 Final -1y, she indicated that she would like to debate the 25 rebuttal made by Ms. Davis about the Pinecrest comparison issue. 26 27 Mayor Russell explained that the $40,000 that Ms. Beckman 28 mentioned were not to purchase the Christmas light, but rather, 29 it was a rental fee which included the installation and removal 30 of the lights. She explained that for that reason they cut this 31 expenditures last year and now the City is going to start buying 32 the lights in order to safe money. The Mayor then thanked Ms. 33 Beckman for expressing her support of the completion of the Van 34 Smith property purchase. Ms. Beckman indicated that she would 35 like to discuss the problems related to that property in 36 private. 37 38 Sharon McCain referred to the September 9th Neighbors where 39 Ms. Davis wrote indicating that the City had just come out of a 40 difficult financial situation and did not recommend lowering the 41 taxes this year. She then questioned as to whether the budget is 42 really balanced. She also referred to what the new elected 43 officials had answered in February 2004 to questions posed by 44 the South Miami Homeowners. She then referred to the budget ad 45 published on Sunday's Neighbors, noting that it shows 110" debt 46 services. The Mayor explained that the reason is because we do 47 not have any debt service millage in addition to the ad valorem 48 taxes. About the parking garage obligation, Ms. Davis explained 49 that this is not in the budget because it is not part of the 5o general fund. That expenditure is coming out of revenue that the SPECIAL CITY COMMISSION 3 MINUTES - September 28, 2004 1 residents are not responsible for. With reference to the $50,000 2 for the merchants, Ms. McCain asked as to why the residents have 3 to be responsible for promoting the merchants. She then 4 expressed concern about the proposed closing of Sunset on 5 Sundays and its impact on the downtown parking situation. She 6 referred to the issue of garbage pick up, suggesting that 7 perhaps one pick up a week would be sufficient. About the 8 Community Center she said that the City is not doing anything 9 about promoting indoor basketball. She then questioned the issue 10 of concurrency. Commissioner Sherar clarified this issue, saying 11 that unfortunately, past administrations did not pay much 12 attention to the importance of meeting concurrency. He said that 13 the reason he is going to vote for the "Y" is because of the 14 City's projects relating to future annexations. Also, this is a 15 way to prevent a developer from buying the ten acres of land and 16 consequently over populate the City. Ms. McCain also had .a 17 question about the phase out of the police cars. She then 18 referred to the "hiring freeze" that Commissioner Wiscombe 19 mentioned at a previous meeting. About the Budget and Finance 20 Committee she said that it was put together very late; adding 21 that one of the members is a merchant, suggesting that this 22 constitutes a conflict of interest. 23 24 Mayor Russell explained that the merchant that sits on the 25 .Budget and Finance Committee, on the issue that affected the 26 downtown merchants, he stated his conflict and did not offer an 27 opinion, and that he did make that statement on the record. The 28 Mayor then asked the City Manager to talk about the "hiring 29 freeze and the comments made on employment advertising during 30 the freeze. Ms. Davis said that the way she understands the 31 "hiring freeze" comments from Commissioner Wiscombe -at the last 32 meeting is not creating any "new" positions, but she said she 33 was unaware of that. She also said that she imposed her own 34 "hiring freeze" a couple of months ago and that no new positions 35 have been added. 36 37 About the basketball promotion, Mr. Ricke explained that we 38 do have an adult league and a youth league starting on Saturday 39 and that we are promoting both leagues. 40 41 On the reimbursement of the garbage fee to the residents 42 Ms. Davis explained that it would represent $150,000 from the 43 reserves. 44 45 with regard to the police cars, Ms. Davis explained that 17 46 cars were eliminated. As for the rest, she said that it is being 47 discussed as part of collective bargaining and cannot be 48 discussed at the present time. 49 SPECIAL CITY COMMISSION 4 MINUTES - September 28, 2004 I About the $50,000 to the merchants the Mayor explained that 2 this is not paid directly to them. This is for economic 3 development. She said that the idea is to promote the uniqueness 4 of our downtown, boost the independent merchants' revenues and 5 help make it more profitable for them to stay and continue to be 6 located on Sunset Drive; and all of this is in an effort to keep 7 our downtown the special and wonderful place that we enjoy so 8 much. The money is going into the Manager's budget and she will 9 be dictating how it is spent. 10 11 Commissioner Wiscombe asked as to what has been the 12 response from the merchants with regards to opening on Sundays. 13 14 Ms. Davis said that she had her first meeting with the 15 merchants about three weeks ago and that she did not have any 16 resistance. On the contrary, she said that from the comments 17 that she got from the merchants during that meeting they are all 18 very excited about it. Commissioner Wiscombe said that he and 19 Julio tried to do that several years ago and were not successful 20 on that endeavor. Ms. Davis said that it could be that we have 21 some new merchants who seem much more excited about promoting 22 the downtown. 23 24 Commissioner Sherar referred to the parking garage and said 25 that he does not agree the way we are accounting for it. 26 However, he said that it is an accurate assessment that the 27 garage loan is not going to be coming out of the millage rate. 28 He said that unfortunately things are not moving as fast as we 29 would like with the negotiations, but he believes that we are 30 heading in the direction to resolve it. He also indicated that 31 this Commission has inherited the mistakes made in the past but 32 that they are doing the best they can. 33 34 Mayor Russell indicated that the only consistent "no" 35 against that parking garage for five years was her. 36 37 Dick Ward said that even though he does not live in the 38 City he has a son who does. He then urged the Commission to 39 purchase the "Y." He also said that the "Y" should pay for staff 40 and also that the current staff should stay in the "Y." He also 41 recommended that the City should approve every program, and that 42 the money should be set aside in a special fund until the 43 Commission is able to review a complete and well detailed report 44 and negotiates an agreement. With regard to the Community Center 45 and the recreation program he said that it takes time for that 46 to take off. He then urged the Commission not to reduce the 47 budget in any way with respect to the Community Center. 48 SPECIAL CITY COMMISSION 5 MINUTES - September 28, 2004 I David Tucker Sr. as usual spoke words of wisdom. He said 2 that we exist because of something called trust and that he 3 wanted to express his trust in government. 4 5 George Garcia, a South Miami business owner, spoke in favor 6 of the special events and urged the Commission to keep 7 supporting them. 8 9 John Portuondo, a South Miami commercial property owner, 10 spoke about the increase in property taxes which he said to have 11 increased from 330 last year to 46% this year. 12 13 Mayor Russell explained that there is an administrative 30 14 cap every year where the assessment of a home cannot go up more 15 than 3a of the total property value of the property. The reason 16 for which Mr. Portuondo's assessment and taxes have gone up so 17 high is not something that we are capable of dealing with it at 18 this level, it is a legislative issue,, there is no homestead 19 exemption on investment properties and neither there is a cap on 20 the assessment on an investment property. She said that this is 21 something that the Commission will have to tackle, but it will 22 have to be in Tallahassee. 23 24 Lydia White, a South Miami merchant, urged the Commission 25 to continue supporting..funding for special events. She said that 26 the South Miami Arts and Crafts Festival is twenty -one years old 27 this year. She then ;mentioned. some of the events that the 28 merchants have sponsored this year such as donating to the 29 holiday food baskets; awarding the police officers of the month; 30 giving away American flags for the 4 °b of July celebration, and 31 also working there; donating a total of $3,000 to Charrettes 32 which led to the beautification of the downtown of South Miami; 33 they also have donated for holiday decorations and have 34 continued to sponsor "Safe Streets Halloween." 35 36 David Fry said that he would like to see a long -range 37 planning for the City. He then referred to the "Y" deal saying 38 that it sounds too good to be true. 39 40 Donna Mason spoke on behalf of Chamber South urging the 41 Commission to continue to support the special events. She also 42 urged to approve the proposed budget towards economic 43 development. 44 45 Shantee Wells started to address the Commission by asking 46 how many directors there are in the City and how many of them 47 are part -time. She asked this to make the point that an 48 educational full -time director is needed. 49 SPECIAL CITY COMMISSION 6 mnmmS - September 28, 2004 1 Ms. Davis offered to sit down with Ms. Wells to explain as 2 to why that position does not require a full -time director. Ms. 3 Davis also explained that she has met with the Education 4 Director for the After - School Program. They discussed the 5 Director's concerns and by the end of the meeting she was happy 6 and feels that the changes that the City is making will resolve 7 her issues. 8 9 Ms. Wells continued to outline a number of her own concerns 10 with regard to the After - School Program which in her opinion 11 have not been addressed. 12 13 Mayor Russell said that she will personally arrange a 14 meeting with her (Ms. Wells), the Parks and Recreation Director 15 and the City Manager to sit down and discuss the items that Ms. 16 Wells is concerned about. 17 18 Dan McCrea, former Commissioner and president of the Rotary 19 Club of South Miami, urged the Commission to continue supporting 20 the Arts and Crafts Festival as well as the economic development 21 effort. 22 23 Commissioner Sherar then exchanged some ideas with former 24 Commissioner McCrea as to the possibility of having a variety of 25 special events as opposed to having the same ones every year. 26 27 Al Elias said that he is in:-favor of all the festivals but 28 that he does not want to pay for it. He said that he is a 29 successful business person because he works hard and nobody 30 gives him money to keep him in business. With regard to the 31 millage he said that the solution is not to lower or raise it 32 but rather to control business growth. Mr. Elias then referred 33 to the parking variance request by Dr. Colsky which failed to 34 pass at a previous meeting and urged the Commission to revisit 35 that issue. Commissioner Sherar said that he will be putting a 36 motion at the next meeting for reconsideration on that. 37 38 Lew Sellars said he would be addressing the Commission as a 39 resident of the City. He said that it will be up to the 40 Commission to weigh all pros and cons and make a decision based 41 on what they consider what will be best for the City as a whole. 42 He said that obviously keeping a low millage rate through the 43 years was one of the driving forces behind the financial 44 hardships the City went through last year. For this reason, he 45 said, he has been inclined to allow the Manager to make the 46 necessary decisions to bring the City back an track and sound 47 financial grounds. He said that by next year's budget cycle he 48 will be able to assess the management approach over the period 49 of two years. About the "Y" property, he said although he was 50 skeptic in the beginning, that through the process of the last SPECIAL CITY COMISSION 7 MINUTES - September 28, 2004 1 couple of weeks he has seen that there are probably more 2 benefits associated with it and that in his opinion as a 3 taxpayer of the City they should go forward with it. About the 4 Van Smith property, he said that he voted against it in the past 5 and still is not quite sure about the benefits of that purchase. 6 On the economic development he said that he heard both arguments 7 and that he believes that it is too late in the game and that we 8 should put them on notice now; next year they will need to come 9 in and explain to the Budget and Finance Committee how the money 10 was spent. He said that the millage should stay where it is, and 11 that the $50 removal of the garbage fee is going to get offset 12 by the savings we are going to have on the debt service. 13 14 Commissioner Wiscombe said that he concurs with the idea of 15 having the merchants come in and explain after the festivals 16 what they have done and how the money has been spent. He said 17 that he would like to see that process revisited and restarted. 18 19 Mayor Russell at this point read a letter from Subrata Basu 20 in support of the Arts and Crafts Festival. 21 22 After no further comments or discussion, the public hearing 23 was closed. Mayor Russell announced a 5- minute recess. _24 . 25 After the recess, the meeting reconverted and the Commission 26 discussion started. 27 28 Mayor Russell indicated that the Budget and Finance 29 Committee points to an additional $23,500 in contingency this 30 year, and that is a good point, she added. She started by 31 referring to the request from the Seniors. She said that the 32 proposed budget is $2,000 for the Seniors; $2,000 for CRB; and, 33 $2,000 for the Commission for Women. The CRB held a retreat 34 which Commissioner Sherar and she attended; they have some great 35 plans and some great ideas. When we first funded them, the 36 funding was over $5,000 and that was one of the things we cut 37 last year in order to bring the special events expenses down. 38 About the Commission for Women, the Mayor said that they will be 39 hosting the National Association of Commission for Women in Dade 40 County this year; they also sponsor the Jr. Commission for Women 41 who are also very active and doing a lot of good things. She 42 also asked for the Commission's support towards the Royal 43 Poinciana Fiesta which was a real success this year and it does 44 not block the streets. She also recommended that we create a 45 separate account for the "Y" funding. 46 47 Commissioner Wiscombe also recommended that not only the 48 money for the "Y" but also Mr. Scurr's pension be set aside. 49 SPECIAL CITY COMMISSION $ MINUTBS - September 28, 2004 I About the Farmer's Market Commissioner Wiscombe said that 2 the.Manager will be meeting with Levy and Penny to discuss the 3 future of this event, therefore, the Manager recommended that 4 the money should stay in the budget. Commissioner Sherar is of 5 the opinion that the right place for the Farmer's Market is at 6 Madison Square. Commissioner Wiscombe does not think that the 7 place is right due to lack of participation and visibility. The 8 main problem of `Madison Square Saturdays' is the location, 9 Commissioner Wiscombe added. 10 11 Mayor Russell said that she is satisfied and confident with 12 the majority of this year's budget. For the last several years I 13 have been the only person who have suggested that we might be 14 pinning ourselves into a corner by keeping the millage rate 15 where it was and deferring all these capital expenses. For the 16 first time I have agreed, she said, taking care of some of these 17 deferred expenses, because we have been deferring expenses to 18 keep our millage rate low, and we had a battle between us this 19 year over spending out of the reserve which is unacceptable to 20 all of us in principle and philosophy because this items were 21 not budgeted and we had a need for them. Therefore, what we have 22 done is to present a real budget with all of our real needs met 23 so that there will be no need for those long late night 24 discussions that require 4/5 votes to spend money out of cash 25 reserves to buy items that we really need, because somebody 26 deferred it to keep the millage rate low to make everybody look 27 good politically. 28 29 Commissioner Wiscombe said that the reason why he has 30 pushed to keep the millage rate down or to reduce it, rather 31 than to increase it, is because the City Manager at the time was 32 over spending. 33 34 Mayor Russell said that her point in saying that was not 35 meant to be critical of anybody. She said that Commissioner 36 Wiscombe had a good point and it was well taken at the time and 37 understood. 38 39 Mayor Russell then proceeded to make a motion. 40 41 Moved by Mayor Russell to take $4,000 from the $23,500 that 42 is excess in contingency this year and place $3,000 in the Mayor 43 and City Commission's budget: $1,000 for the Commission for 44 Women; $1,000 additional for the Seniors; $1,000 additional for 45 CRB; and, $1,000 to the Non - Departmental budget for the Royal 46 Poinciana Fiesta. To take $19,500 and place it towards the 47 reduction of the millage rate. The motion, seconded by 48 Commission Wiscombe, passed by a 5 -0 vote. 49 SPECIAL CITY COMMISSION 9 MINUTES - September 28, 2004 I Commissioner wiscombe: Yea 2 Commissioner Sherar: Yea 3 Vice Mayor Palmer: Yea 4 Commissioner Birts - Cooper: Yea 5 Mayor Russell: Yea 6 7 Mr. 0shikoya explained that the total amount of proposed 8 "one time" expenditures, $357,370 to be funded through cash 9 reserves shown on page XI of the Proposed Budget, will be 10 disbursed through different accounts, for instance, the 11 settlement for $107,000 is under Non- Departmental, page 65, 12 line 2213. 13 14 Mr. Oshikoya also explained about the amount of $245,000 15 shown also on page 65, line 2215, which $143,000 is for both 16 the "Y" and the Van Smith property; the remainder $102,000 17 constitute the savings mentioned by. the Manager in her 18 presentation of the "Y" earlier tonight, based on the lower 19 appraisal received. 20 21 Commissioner Sherar recommended that the amount. of $245,000 22 or portion thereof, be set aside for the purchase of the YMCA, 23 shown on page 65, line 2215 of the Proposed Budget, be put back 24 in the reserve until is needed to purchase the property. Ms. 25 Davis said that the reason she recommends to have it as proposed.: 26 is because once the YMCA is purchased, it will become a 27 recurring expense. This will be representing an artificial. 28 increase of the reserve and subsequently an artificial reduction 29 in the mill since we will need to raise it back the following 30 year. Commissioner Sherar said that he feels better by keeping 31 that money in the reserve because otherwise it is like asking 32 the residents to finance the Commission's decision. Ms. Davis 33 said that she is recommending what she believes is best but that 34 it is really up to the Commission to decide. 35 36 Commissioner Sherar said that he wants to see the Van Smith 37 purchase happen and Mayor Russell said to concur with that. He 38 said that maybe we can get Mr. Van Smith to write us a three - 39 year mortgage. He said that he sees the Van Smith deal as a 40 reality; however, there are many contingencies with the YMCA. He 41 said, put it in the reserve and if we need to do anything, pull 42 it out of the reserve and that he will explain it to the 43 residents that the reason for raising the mill is because he 44 reduced it the year before. 45 46 Mayor Russell said that by putting it in the reserve it 47 will still be encumbered. The request was to put it as a 48 separate line item, separate from the Van Smith property, so 49 that we can all look at it and know that it does not fluctuate 50 or change. If we just move it to the reserve now and put it in a SPECIAL CITY COMMISSION 10 MINOTES - September 28, 2004 1 separate line item is not going to affect the bottom line of the 2 millage rate. 3 4 Commissioner Sherar recommended to take that $143,000 out 5 of the budget; if we go through with the deal knowing that we 6 are going to take it out of the reserve, that is a 1.5 mill that 7 we can give back to the taxpayers this year and if next year it 8 becomes a true recurring expense then we raise back the 1.5 9 mill. 10 11 Mr. Oshikoya explained that right now we have $245,000 for 12 the purchase of both the Van Smith and the YMCA properties. 13 Because of the low appraisal that the City Manager was able to 14 get, which is much lower that the original appraisal that we had 15 when we prepared the budget, we now have a savings of $102,000. 16 That $102,000 savings can be used to 'reduce the millage by .114 17 mill. Out of the $143,000 left, $39,000 of that is going to be 18 for the Van Smith property, leaving a balance of $104,.000 for 19 the YMCA. This is based on a 30 -year loan using the information 20 received from the League. We are not going to be able to do this 21 through the League because they require a minimum of $1 million 22 loan, but we will look for another loan. We can put the $104,000 23 in the reserve,.raising the reserve from 1.3 to 1.4. When we get 24 all the information on the YMCA and we are ready to purchase 25 that property, we.then take that money from the reserve. 26 27 Commissioner Sherar said -that he is looking'at putting the 28 $143,000 into the Van Smith property purchase. Mayor Russell 29 said to concur with that idea, however, this year we are not 30 prepared to make that decision. 31 32 Vice Mayor Palmer with regard to the YMCA purchase said 33 that at the beginning she was concerned with the impact that it 34 would have on the taxpayer, and also, she did not have enough 35 information and too many questions unanswered. She was also 36 concerned about the financial situation the City had gone 37 through and did not want to get into further debt. She was also 38 looking forward to reducing the millage somehow. However, based 39 on the information she has now after meeting with the City 40 Manager, she now agrees with the reasoning behind this 41 acquisition. She then recommended that the money be placed in a 42 separate account. She also said to agree with finalizing the 43 purchase of the Van Smith property. The Vice Mayor then again 44 referred to the garbage can fee reimbursement to the residents. 45 Ms. Davis said that the money will , to come out of the 46 reserves and it will be about $150,00. 47 48 Commissioner Sherar asked if the residents have paid for 49 the garbage cans. Ms. Davis explained that some people have paid 50 and some have not because WASA bills in cycles and in order to SPECIAL CITY COMMISSION 1 1 MINUTES - September 28, 2004 i mitigate the burden, we told them to break it down into two 2 different cycles, $25/$25. Mr. Oshikoya said that he believes 3 that the people that have paid are the ones that the City bills 4 because they are on well water. Ms. Davis said that the 5 residents have been billed because the Mayor has gotten hers, 6 adding that evidently the County has billed the residents before 7 we finalized the Interlocal Agreement. 8. 9 Vice Mayor Palmer then asked as to how long it will take 10 for the refunds to be made. Ms. Davis said that we need to 11 identify those residents that have been billed and then work it 12 out with WASA to see who they have billed to date and refund 13 those residents. She then referred again to her decision to 14 support the purchase of the YMCA. Ms. Davis said that we need 15 park space, we need green space for concurrency, and that she 16 believes that this is going to be a catalyst for economic 17 development in our business district. She added that we are 18 getting the ten -acre property at a great price and that she does. 19 not see a downside. Vice.Mayor Palmer concurred saying that 20 there is no place in the whole County where we can buy ten acres 21 of land for that price, needless to say in South Miami. 22 23 Mayor Russell then asked Mr. Oshikoya as to whether we are 24 clear on the "Y." 25 26 Commissioner Sherar then referred to the issue of impact 27 fees and Mr. O'Donniley explained the concept. 28 29 Mr. Oshikoya then explained that because of the lower 30 appraisal received on the "Y," instead of $245,000 originally 31 projected we will only need $143,000 for both the "Y" and the 32 van Smith properties, and out of those $143,000, approximately 33 $39,00 will be for the Van Smith property, based on a 30 -year 34 loan as' per the index received from the League; therefore, the 35 remainder $102,000 can be placed in the reserve, raising the 36 reserve from $1.3 to $1.4. 37 38 Moved by Commissioner Sherar, seconded by May Russell, 39 the motion to set aside $143,000 and put it under a "Park - 40 Purchase Account," passed by unanimous acclamation. 41 42 Hakeem then verified with the commission that we are 43 banking the $102,000 towards the .114 reduction. 44 45 Moved by Commissioner Sherar to eliminate the amount of 46 $107,000 on page 67, line 2277. The motion died for lack of 47 second. 48 SPECIAL CITY COMMISSION 12 MINUTES - September 28, 2004 I Moved by Commissioner Sherar, seconded by Commissioner 2 Wiscombe, on "Contribution - Special Events :" to reduce S. Miami 3 Arts Festival by $840; Art Expo by $840; S. Miami Arts & Crafts 4 by $840; and Footworks Fun Run by $480. 5 6 Mayor Russell said that Footworks put a lot of effort into 7 their event this year in conjunction with the Japanese Festival 8 and they brought a lot of people, it was a great event. She said 9 that she does not know what they can do for $1,000. 10 11 Commissioner Sherar said that he understands that the event 12 is pure commercial. 13 14 Vice Mayor Palmer said that they should defer these 15 reductions until the next time around so that they may be 16 notified ahead of time. 17 18 Commissioner Wiscombe said that they are looking at a 19 minimum reduction compared to other times where they have been 20 cut in half. 21 22 With no further comments or discussion, the motion to reduce 23 $2,920 from line 2273 on page 67, Account No. 210 - 519 -9910 passed 24 by a 5 -0 vote: 25 26 Commissioner Wiscombe: Yea 27 Commissioner Sherar:' Yea 28 Vice Mayor Palmer: Yea 29 Commissioner Birts - Cooper: Yea 30 Mayor Russell: Yea 31 32 Ms. Davis made the clarification that Footworks had donated 33 $3,000 to the After - School Program this year. 34 35 Moved by Commissioner Sherar, seconded by Commissioner 36 Wiscombe to put back $480 plus $20 to the Footworks line item. 37 The motion passed by a 5 -0 vote: 38 39 Commissioner Wiscombe: Yea 40 Commissioner Sherar: Yea 41 Vice Mayor Palmer: Yea 42 Commissioner Birts- Cooper: Yea 43 Mayor Russell: Yea' 44 45 Commissioner Wiscombe asked about the conditions of the two 46 Cushmans. He said that they use to be around downtown but he does 47 not see them any more since they got the new car, and that is not 48 good because that means that they,are not rotating the vehicles. 49 SPECIAL CITY COMMISSION 13 MINOTES - September 28, 2004 I Ms. Davis said that the Cushmans were down a lot and that 2 she was amazed to see the time that we lost last year because of 3 that. 4 5 Commissioner Wiscombe asked MS.. Davis that he would like to 6 see that accounting, to please provide it to him. Ms. Davis said 7 that she will be happy to do so. 8 9 Commissioner Sherar said that he had seen them and that he 10 was surprised that they run at all. 11 12 Commissioner Wiscombe inquired about the Proposed Revenues 13 under General Fund, page 002, on the dropped of $20,000 for 14 parking revenues. Ms. Davis explained that the amount was reduced 15 because of possible construction next year, in the event that we 16 construct a parking garage, there will be a down time. Then, he 17 referred again to page 002, under General Fund, line 98 (Tennis 18 Membership - Non - Residents" with 10' amount on that line item. Ms. 19 Davis said that we are under a contract now, but she said that 20 she did not know about the membership. She said that also the 21 expenditure of the Tennis Court instructor was cut by $17,000. 22 23 Commissioner Wiscombe then inquired about. the contract on 24 the old inspection station asking when it will expire. Ms. Davis 25 indicated that it already did and is now on a month -to -month and 26 that she is working on putting it back out to bid. She said that 27 they are looking at two different models: one,,;to rotate with 28 several different vendors; and the other one is to rent to the 29 vendor with the highest bid. She said that she is not happy with 30 the revenue we are getting now. 31 32 Commissioner Wiscombe then referred to page 004, line 34, 33 under Departmental, and inquired about the increased amount of 34 $33,000 from 03 -04. Ms. Davis said that the raise that she 35 requested is in there and any merit increase for the two 36 individuals in her office. He also referred to the increase on 37 line 45 of the same page. 38 39 Moved by Mayor Russell, seconded by Commissioner Sherar the 40 motion to extend the meeting beyond 11:00 p.m. passed by 41 unanimous acclamation. 42 43 Staff continued to explain to Commissioner Wiscombe the 44 revenues from solid waste on page 002. 45 46 Moved by Commission Sherar, seconded by Vice Mayor Palmer 47 and Commissioner Wiscombe, the motion to strike $4,000 from line 48 item 170, page 009 under `City Clerk' passed by a 5 -0 vote: 49 50 Commissioner Wiscombe: Yea SPECIAL CITY COMMISSION 14 MINOTES - September 28, 2004 1 Commissioner Sherar: Yea 2 Vice Mayor Palmer: Yea 3 Commissioner Birts - Cooper: Yea 4 Mayor Russell: Yea 5 6 Moved by Commission Wiscombe, seconded by Commissioner 7 Sherar, the motion to strike $800 from line item 752, page 028 8 under `City Attorney' passed by a 5 -0 vote: 9 10 Commissioner Wiscombe: Yea 11 Commissioner Sherar: Yea 12 Vice Mayor Palmer: Yea 13 Commissioner Birts- Cooper: Yea 14 Mayor Russell: Yea 15 16 The line item for `Travel and Conference' under 'City 17 Attorney' in the amount of $1,200 was discussed and explained by 18 the City Attorney as to the type of conferences that they attend 19 which are mainly about municipal law. The item was left as 20 proposed. 21 22 Moved by Commissioner Wiscombe, seconded by Commissioner 23 "'Sherar, the motion to strike line item 2281 on page 67 in the 24 amount of $3,000 for `Red Sunset Holiday Events' passed by a 5 -0 25 vote: 26 27 Commissioner Wiscombe: Yea 28 Commissioner Sherar: Yea 29 Vice Mayor Palmer: Yea 30 Commissioner Birts- Cooper: Yea 31 Mayor Russell: Yea 32 33 At this point Ms. Davis explained to Commissioner Sherar 34 that the reason for moving line item 'Consultant -Labor Attorney' 35 to Non - Departmental is because that is an expense that she incurs 36 rather than the City Attorney. Commissioner Sherar said that he 37 would like to see that item under 'City Attorney.' 38 39 Moved by Commissioner Wiscombe, seconded by Sherar the 40 motion to take off $10,000 from line item 2217 on page 65 'Street 41 Beautification, passed by 5 -0 vote: 42 43 Commissioner Wiscombe: Yea 44 Commissioner Sherar: Yea 45 Vice Mayor Palmer: Yea 46 Commissioner Birts - Cooper: Yea 47 Mayor Russell: Yea 48 SPECIAL CITY COMMISSION 15 MINVTES - September 28, 2004 I Commissioner Wiscombe then inquired about the `Economic 2 Development' item. Ms. Davis explained that one of the 3 expenditures there would be for the six marquees. She said that 4 they will be leased and we are waiting for estimates; printing 5 brochures; hiring musicians and other entertainment. She said 6 that for the cost of blocking the streets, she is planning on 7 coming out of the Police and Public Works budgets; that is not 8 coming out of the $50,000 which is for promoting downtown. As for 9 the brochures, they will be distributed at the airport, hotels, 10 etc. Ms. Davis said that she will keep the Commission informed 11 about all the expenditures incurred for Economic Development. 12 13 Commissioner Sherar then referred to the $200,000 in this 14 year's budget for deferred pension which should had been spent 15 two or three years ago. Mayor Russell urged Commissioner Sherar 16 to attend the next Pension Board meeting so that it can be 17 explained to him .how that works. He also inquired about the rent 18 that Chamber South pays the City for using the facilities at 19 Fuchs Park; Ms. Davis said that she made a note of that. Mayor 20 Russell asked Ms. Davis to respond to Commissioner Sherar on that 21 and copy the rest of the Commission for their information. 22 Commissioner Wiscombe also asked for a copy of the contract to be 23 placed in their mailboxes. 24 25 Mayor Russell recapped the above amendments: $102,000 for 26 the "Y;" $19,500 out of contingency; $2,540 for contributions to 27 Special Events; $4,000 for elections; $800 for City Attorney 28 membership; $3,000 for Red Sunset Holiday Events; $10,000 for 29 street beautification. For a total of $141,840 (Hakeem clarified 30 that he had $142,800) indicating that with all these reductions 31 they will be able to reduce the millage by 1.60. 32 33 Moved by Commissioner Sherar, seconded by Commissioner 34 Wiscombe, the motion to table item no. 2 passed by a 5 -0 vote: 35 36 Commissioner Wiscombe: Yea 37 Commissioner Sherar: Yea 38 Vice Mayor Palmer: Yea 39 Commissioner Birts- Cooper: Yea 40 Mayor Russell: Yea 41 42 Moved by Commissioner Wiscombe, seconded by Vice Mayor 43 Palmer, the motion to bring item no. 1 back on the table passed 44 by unanimous acclamation. 45 46 Ordinance No. 09 -04 -1816 47 1. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 48 CITY OF SOUTH MIAMI, FLORIDA, LEVYING THE MILLAGE OF 49 7.373 7.213 WHICH EXCEEDS THE ROLLBACK RATE OF 6.524 BY SPECIAL CITY COMMISSION 16 MINOTES - September 28, 2004 1 13.8% 10.56% AND RESULTING IN 924 2.170 IAT[-'.-REASE 2 DECREASE IN PROPERTY TAIL RATE IN THE CITY OF SOUTH 3 MIAMI, FLORIDA, FOR THE FISCAL YEAR 2004/2005; 4 PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND 5 AN EFFECTIVE DATE. 3/5 6 (City Manager) 7 8 Moved by Commissioner Sherar, seconded by Commissioner 9 Wiscombe to approve this item. 10 11 At this time Mayor Russell opened the floor for public 12 hearing. 13 14 Yvonne Beckman referred to the comparison chart that she had 15 presented for the Finance Department saying that all the 16 departments at Pinecrest are lower. She also noted that the Risk 17 Management Department is included in the Finance Department in 18 Pinecrest. 19 20 With no more speakers, the Mayor closed the public hearing. 21 22 Moved by Mayor Russell, seconded by Commissioner Wiscombe to 23 approve the amendment provided by the Finance Director: levying. 24 the millage of 7.213 which exceeds the rollback rate of 6.524 by 25 133 —.0% 10.56% and resulting in " 1.,17o inerease decrease in 26 property tax rate in the City of South Miami. The motion to. 27 approve this amendment, and this item as a whole, passed by a 5 -0 28 vote: 29 30 Commissioner Wiscombe: Yea 31 Commissioner Sherar: Yea 32 vice Mayor Palmer: Yea 33 Commissioner Birts- Cooper: Yea 34 Mayor Russell: Yea 35 36 Moved by Commissioner Sherar, seconded by Commissioner 37 Wiscombe the motion to bring item no. 2 back on the table passed 38 by unanimous acclamation. 39 40 41 Ordinance No. 10 -04 -1817 42 2. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 43 CITY OF SOUTH MIAMI, FLORIDA, ADOPTING A BUDGET OF 44 °"412421 ` "' $14,099,817 AND PAY PLAN FOR THE 2004/2005 45 FISCAL YEAR; PROVIDING FOR SEVERABILITY; ORDINANCES IN 46 CONFLICT; AND AN EFFECTIVE DATE. 3/5 47 (City Manager) 48 SPECIAL CITY COfM3ISSION 17 Nn=ES - September 28, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Moved by Commission Sherar, seconded by Commissioner Wiscombe to approve this item. Moved by Commissioner Sherar, seconded by Commissioner Wiscombe, the motion to amend this item and to adopt a budget of 014,242,617 $14,099,817, and to approve this item as a whole, passed by unanimous acclamation. 3. Adjournment COMMISSION REMARKS (None) There being no further business to come before this Body, the meeting adjourned at 11:52 P.M. Attest Maria M. Menendez City Clerk SPECIAL CITY COMMISSION MINUTES - September 28, 2004 011.1 Approved Mary Scott_ Russell Mayor RESOLUTION NO. 27-05-12006 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO HAMMOCK HOUSE PROPERTY, AUTHORIZING THE CITY MANAGER TO PAY THE 2004 REAL ESTATE TAX NOT EXCEEDING $20,284.59 TO MIAMI DARE TAX COLLECTOR ON THE VAN SMITH PROPERTY; CHARGING THE PAYMENT TO ACCOUNT NUMBER 001- 2100 -519- 9920, TITLED GENERAL CONTINGENCY ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City acquired one third (13) of the Van Smith property located at 7800 SW 59'h Avenue in July 2003 to be used as a passive park; and WHEREAS, as part of the sales agreement the City has the option to acquire the remaining two third of the property before 2005; and WHEREAS, for this exclusive option to purchase the property the City is responsible to pay the annual real estate tax on the property; and WHEREAS, the total real estate tax due on the said property for 2004 is $20,284.59, if paid before the end of February 2004. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MTA NI: Section 1. That the City Manager is hereby authorized to pay Miami Dade County Tax Collector up to $20,284.59 as 2004 real estate tax - payment on the property located at 7800 SW 59 "h Avenue, such funds to come from General Contingency Account 001- 2100 - 519 -9920 with a current balance of $48,376.58. Section 2. That this resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 15`h day of February, 2005. COMMISSION VOTE: 5 -0 Mayor Russell: Yea Vice Mayor Palmer: Yea Commissioner Birts- Cooper: Yea Commissioner Wiscombe: Yea Commissioner Sherar: Yea South Miami MneHOaBHY CITY OF SOUTH MIAMI 1 11 j OFFICE OF THE CITY MANA VON INTEROFFICE MEMORANDUM 2001 To: Mayor and City Commission Date: February 15, 2005 From: Maria V. Davis 1 S Re: AGENDA ITEM # City Manager Re: Cammission meeting February 15, 2005 Payment of property tax on Van Smith Property (Hammock House) RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO HAMMOCK HOUSE PROPERTY, AUTHORIZING THE CITY MANAGER TO PAY THE 2004 REAL ESTATE TAX NOT EXCEEDING $20,28459 TO MIAMI DADE TAX COLLECTOR ON THE VAN SMITH PROPERTY; CHARGING THE PAYMENT TO ACCOUNT NUMBER 001- 2100- 519 -9920, TITLED GENERAL. CONTINGENCY; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND The attached resolution is requesting your authorization to pay Miami Dade County Tax Collector an amount not exceeding $20,284.59 as the 2004 real estate tax payment on the Hammock House property located at 7800 SW 59`x' Avenue. In July 2003, the City acquired one third (1/3) of the Van Smith property located at 7800 SW 5901 Avenue with the exclusive option to purchase the remaining two -third (2/3) before the deadline of June 30, 2005. The City exercised the option to purchase the property for $567,000 in December 2004. As part of the option agreement, the City is responsible for paying all real estate taxes on the property during the option period. We have received the real estate tax bill of $20,284.59 from Miami Dade County Property Appraiser on said property, if paid before the end of February 2004. Funds to pay for the bill will be charged to 001- 2100 -519 -9920 titled General Fund Contingency, which currently has a balance of $48,376.58. RECOMMENDATION Approval is recommended. Reoelved: 6130/04 10:24AM; .> Stephen D. Pearson, Esq.; Page 2 Jun 30 04 09:17a Lott. & Levine (305),870-0701 p.2 This Addendum to Option to Purchase Real Estate (the "Addendum ") is made and entered Into as of the .10 day of June, 2004, by and between GARRETT VAN SMITH and ANTONY VAN SMITH, Co- Trustees ( "Sellers "), and the City of South Miami ( "Buyer"). WITNESSEfH: WHEREAS, Sellers and Buyer executed and entered Into an Option to Purchase Real Estate which Is part of a Contract for Sale and Purchase (collectively the "Option Agreement') dated June 11, 2003; and WHEREAS, Sellers and Buyer mutually desire to modify and amend certain terms and provisions of the Option Agreement as more particularly set forth herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficlency.. of which Is hereby acknowledged, Sellers and Buyer hereby agree to modify and amend the Option Agreement as follows: 1. Contemporaneously herewith, the Sellers have executed a Letter of Intent to permit the Buyer to proceed with re- platting of the Property. The parties agree that the Buyer shall have six months from the date hereof in which to use its good faith best efforts to re -plat the Property. 2. The Buyer reaffirms its obligation to pay real estate taxes on that portion of the Property still owned by Sellers which shat) accrue or become due during the Option Period. If the Buyer does not exercise its option and does not close on Its purchase of the Property, the Buyer shall nevertheless still be responsible for payment of 2005 taxes accrued on a per diem basis through June 30, 2005, which payment shall be made on or before. November 30, 2005. 3. Except as modified and amended above, the terms of the,Option Agreement shall remain the same. In the event of any conflict between the terms of the Option Agreement and the Addendum, the terms of this Addendum shall prevail. IN WITNESS WHEREOF, each of the parties have set their seals upon the dates Indicated hereinbelow, and the parties executing this Addendum hereby represent to the other that they have full and complete authority to execute the same on behalf of the entities for which they sign. Signed, sealed and delivered In the presence of: - By: t BVYER As to SELLER As to SELLER BUYER: OF Date 9 V ip- mil GARRETT VAN SM , Trustee . Date: ANTONY V N MITH, rustee Date: 7- ) - 0 -,Y LOTT & LEVINE ATTORNEYS AT LAW GsoROs J. Lor MSCRAEL D. LEVINE Q953 -t993) October 21, 2003 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive South Miami, Florida 33143 RE: Van Smith Property Dear Mr. Oshikoya: DADELAND CENTRE, SUITE 1014 9155 SO. OADELAND BOULEVARD MIAMI, FLORIDA 33195 TELEPHONE (305) 670 -0700 PAX(305)670 -0701 I am pleased to enclose the original recorded Deed and Owner's Title Insurance Policy for the east 1/3 of the Van Smith property purchased by the City. The Contract of Purchase was amended by mutual agreement to provide for a closing on the east 1/3 of the property by on or before July 1, 2003. While the closing was dated as of June 30, 2003, the transaction actually occurred on July 1, 2003. Based on the closing date of July 1, 2003, the City has until June 30, 2004 to use its good faith best efforts to allow (either through re- platting or waiver of plat) the balance of the property to constitute 2 buildable, single family home lots, each with not less than 100 feet of frontage on SW 78 Street and until June 30, 2005 to complete its option and purchase of the remaining 2/3s of the property. If the purchase of the remaining 2/3s of the property is concluded before June 30, 2004, then the re- platting or waiver of plat will obviously not be necessary and the costs associated therewith avoided. Please contact me to discuss how the City wishes to proceed. Finally, just a reminder that, in the Contract, the City agreed to name the property it purchased as the "Van Smith Park ". ::]KTT GJL:amj This Instrument Prepared by and Return to: Stephen D. Pearson, Esq. 12401 South Dixie Highway Pinecrest, Florida 33156 OR Bk 21"D P95 1154 1158, (5p9s) RECORDED 07/25/2003 15:32:21 DEED DOC TAX 1r680.00 SURTAX 1e260.00 HARVEY RUVINv CLERK OF COURT MIAMI -DADS COUNTY? FLORIDA Parcel I.D. No.: Portion of 09- 40 -36- 0390020 TRUSTEES' DEED THIS TRUSTEES' DEED, made this 30 day of June, 2003, between Garrett Van Smith a /k /a Garrett Vansmith and Antony Van Smith a /k /a Anthony Van Smith and Anthony Vansmith, individually and as Successor Co- Trustees under that certain Declaration of Trust dated March 15, 1968 and recorded in Official Records Book 6161, Page 450, of the Public Records of Miami -Dade County, Florida, joined by William Van Smith a /k /a William Vansmith, individually, and Parris Van Smith a /k /a Parris Vansmith, whose address is 16061 S.W. 86 Avenue, Miami, FL 33157, (collectively, "Grantor "), and City of South Miami, a political subdivision of the State of Florida, whose post office address is 6130 Sunset Drive, South Miami, FL 33143, ( "Grantee "), WITNESSETH, that Grantor, for and in consideration of the sum of Ten Dollars ($10.00), to Grantor in hand paid by Grantee, and other good and valuable consideration, the receipt whereof is hereby acknowledged, has granted, bargained and sold to Grantee, and hereby transfers and conveys to Grantee and Grantee's successors, heirs and /or assigns forever, the following described property, to wit: The East 101 feet of Lot 12, in Block 6, of AMENDED PLAT OF PALM MIAMI HEIGHTS, according to the Plat thereof; recorded in Plat Book 25, at Page 37, of the Public Records of Miami - Dade County, Florida __ a The East 101 Feet of the East % of Tract 6, less the South 125 feet thereof, of REVISED PLAT OF A PORTION OF THE AMENDED PLAT OF PALM MIAMI HEIGHTS, as recorded in Plat Book 43, at Page 37, of the Public Records of Miami -Dade County, Florida. SUBJECT TO: 1.Taxes for the year 2003 and subsequent years. l 2.Conditions, restrictions, agreements, covenants, requirements, limitations and easements of record, if any, but without intent to reimpose same. 3. Zoning ordinances and other restrictions, requirements and prohibitions imposed by applicable governmental authorities. To have and to hold the same in fee simple forever. Grantor warrants the title to the property to Grantee and Grantee's heirs, successors, and assigns, against every person lawfully claiming the property, or any part thereof, by, through, or under the Grantor, but not otherwise. IN WITNESS WHEREOF, Grantor has signed and sealed these presents on the day and year first above written. Signed, sealed and delivered in our presence: [Printed Name of Witness] t,. [Printed ame of Witness] STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI -DADE ) and as Co- Trustee under that certain Declaration of Trust dated March 15, 1968 The foregoing instrument was day of Ju 2003, by Garrett known to me or h s produced as i`— identification, and who did not take an oath. acknowledged before me this Van Smith, who is o pers� nally Notary Public, State of Florida My Commission Expires: (NOTARIAL SEAL) .p.` 1�,��.� Stephen D. Pearson '.' MYCOMMIU M# DD024913 EXPIRES Se�terobw i 2005 v aaNUEO UIRCIYfWl1U1SUP0.NLE [Printed Name of Witness] [Printed Name of Witness] STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI -DADE ) Antony n Smith, Indi ideally and as Co- Trustee under that certain Declaration of Trust dated March 15, 1968 ® The foregoing instrument was acknowledged before me this r day of ,7u', 2003, by Antony Van Smith, who is personally known to me or has produced as identification, and who did not take an oath. Notary Public, State of Florida My Commission Expires: (NOTARIAL SEAL) Stephen D.4earsnn MYCOM sj0N# DDOZ4915 EXKR $ September 1.2005 9RD "tN INSVRANC0NG .71- „jf,�Li` BONDEDniRV William Van Smith, Individually (.Printed Name of Witness] of STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI -DADE ) The foregoing instrument was bsr day of June, 2003, by William known to me or has produced as identification, and who did not take an oath. acknowledged before me this Van Smith, who is Rersonally My Commission Expires: Notary Public, State of Florida (NOTARIAL SEAL) 0 M 3 was 014 � ff t, 2806 rms�cnerws�eac�uu 10 � Uk <9Aaj� fanf\ Printed Name of Witness] zj�zc Z� aA'7 [Printed Name oV Witness] STATE OF FLORIDA ) C�� ) SS: COUNTY OF -- LA7 ) no`E -- ) OR BK 21460 PG 1158 LAST PAGE ;� al,� Parris Van Smith, Individually .,yThe foregoing instrument was acknowledged before me this ZU day of June, 2003, by Parri� Vann S th,�ho is personally known to me or has produced N ce kc_ lSty as identification, and who did not take an oath. Q'na-/z^ --- Notary P ._.,1 c, State of Florida My Commission Expires: C'I1-10°0'�-) 435 -1.302 5 ,rl. CITY CLERK'S OFFICE Mr. Alan Rieke City of South Miami Parks & Recreation Department 6130 Sunset Drive South Miami, FL 33143 RE: Van Smith Park and Mr. Garret Van Smith Dear Sir: John R. Park 7741 S.W. 59 Ct. South Miami, FL 33143 -5112 May 30, 2005 It has come to my attention that there has been some dispute between the City and Mr. Van Smith regarding the use of the property, which I would like to address. My relationship to the question: I am Mr. Van Smith's immediate neighbor, directly across 781h Street. I was the person who originally (some 15 years ago) suggested to Mr. Van Smith that he augment the already mostly natural, vegetation on his property with native plants to create a natural pineland and a tropical hardwood hammock environment. I advised him on the choices of many plants as well as where to plant them on the property to simulate a natural hammock environment. Later, when Mr. Van Smith came to financial difficulties, it was I who brought the property to the attention of Mayor Robaina, and I conducted the initial negotiations with the City Manager and others for the acquisition of the property. I also met with a number of individuals from various funding agencies, and with Mr. Van Smith, gave them tours of the property and presentations on the value of the property as a Nature Center and miniature nature preserve. During the inevitable delay of several years, the property came within days of being seized for back taxes. I loaned Mr. Van Smith the necessary funds to redeem the property. When the City became serious about acquiring the property, I took a back seat, and Mr. Van Smith was represented by his attorney. So, while I may not be well known to the current administration and staff of the City, it was never - the -less my efforts which directly led to the acquisition of the property by the City. My qualifications: I earned a Masters in Biology at the University of Miami, and later a Ph.D. in Geology. I taught Environmental Geology and related courses at Florida International University for 10 years. Indeed, the Florida State DNR representative who approved of the use of the property as proposed (as a Nature Center and miniature nature preserve) was one of my former students. At present, I am the author of a continuing series of books (5 in print) partly on the subject of historic preservation. Thus, I can.ciaim to be a modest expert on the subject of the natural environments, fauna, and flora of South Florida. Problem 1: 1 have repeated counseled Mr. Van Smith that the property now belongs to the City, and that he should make every possible effort to cooperate with. the City. However, Mr. Van Smith has lived on the property for nearly 65 years or so, and has a strong desire to manage the property on behalf of the City on a voluntary basis. Comment: Indeed, Mr. Van Smith has done an excellentjob of managing the property as a public park, even for years before the City consummated the purchase of the property. At his own considerable expense (thousands of dollars), he has planted hundreds of rare native plants; he has paid to have invading exotics removed, and he has created a lovely charming trail through the Native Pineland section. The Native Pineland Trail is lined with large rocks on both sides, and mulched. A dozen or so South Miami residents enjoy the Trail per week. I laid out that trail, as well as a trail through the Native Tropical Hardwood Hammock section (about 5 years ago) — although the later needs to be remarked and has not yet been landscaped. Mr. Van Smith has only been waiting on me to have the time to remark the Native Tropical Hardwood Hammock trail —but I've been traveling constantly for the past six months doing research, so it is my fault that the trail hasn't already been finished. I strongly suggest that there is no -one more qualified than Mr. Van Smith to install the trail, because he knows every single bush and tree —even better than I do. in his youth, Mr. Van Smith worked for the US Forestry Service, and through study, has made himself an expert on the native plants of South Florida. He is active in a variety of wildlife and environmental preservation organizations. Suggestion: It is greatly to the advantage of the City to have a resident manager of the Park, to keep vagrants out, to keep the property clean, to protect the fragile natural habitats, and to maintain the trails. Mr. Van Smith volunteers to do ;so —at no cost to the City for his time nor materials, and is imminently qualified to do so, and has been doing so for several years. Indeed, if it was my decision, I'd formally appoint Mr. Van Smith as Park Manager (at a $1/year salary). A paid employee with comparable qualifications would probably cost the City at least $50,000/year; May I also point out that Mr. Van Smith is 65 years old —the City will have full possession of the property soon enough. I understand that Mr. Van Smith may be difficult to deal with. A major factor in this is that he is simply hard of hearing. Since he cannot hear well, he often cannot communicate well. He is also very bright, and reasonably resents being treated as a foolish old man of no consequence —as most people treat him, misinterpreting his hearing problem and off -beat sense of humor. He also has a very clear vision for the future development of the Park —which I endorse —which he (and 1) understood to consistent with his sales agreement with the City —even if every detail was not specified in the final documents. I strongly suggest that the City allow Mr. Van Smith to continue managing the property. Problem 2: Recently, the Parks Department has seen fit to clear the underbrush ~' throughout Van Smith Park. While Mr. Van Smith has not interfered, he has been very distressed by this action. I am very distressed also. It is not only many of the large trees, which are rare or endangered species —many species of undergrowth are rare or endangered, and have been damaged or killed by the Parks Department. Mr. Van Smith went to enormous personal expense to create marked, landscaped, trails through the Native Pineland section and Native Hardwood Hammock section, for the specific purpose of protecting the native undergrowth. The fragile undergrowth can be damaging by visitors simply walking outside the paths. Going through the area indiscriminately with machete and weed- whacker is inexcusable. Comment: It was my understanding, and Mr. Van Smith's understanding (even if not codified in the final documents) that the City was to maintain the Native Pineland and Native Tropical Hardwood Hammock habitats as a miniature nature preserve, and after his death, use the home as a Nature Center. If that is the City's continuing plan for the property, the essential native undergrowth cannot be wantonly destroyed - -the undergrowth is an essential component of both environments. It is rather like breaking and discarding a collection of priceless Oriental miniatures from an art museum simply because they are small. Indeed, the City might well be cited or fined by the State or Federal Governments for destruction of rare or endangered species and habitats —if this action was brought to their attention. For example, for over 20 years, Mr. Van Smith has been carefully promoting the growth and spread of the native cycad (known as Coontie) because an rare endangered butterfly feeds on its leaves. Suggestion: I strongly suggest that the City Parks Department desist from clearing the undergrowth and leave the property underthe management of Mr. Van Smith —or someone else qualified more to manage a natural environmental preserve. Clearly the current Parks Department staff is not so qualified. That isn't a criticism of the Parks.. Department—managing a nature preserve is a very highly specialized profession —very different from managing typical municipal park property. Thank you for your consideration. I am at your disposal at any time for discussion regarding Van Smith Park, or for consultation ('pro bono) on any environmental issue. I will be glad to resume my role as an intermediary between the City and Mr. Van Smith — should you feel that helpful. Best Wishes, cc: Maria V. Davis, City Manager Mary Scott Russell, Mayor Recelved: S/30/04 10:24AMi .1 Stephen O. Pearson, Esq.; Page 2 Jun 30 04 09:17a Lott & Levine (305) 670 -0701 AOOENDUM TO OPTSON TO PORCHASE REAL ESTATE This Addendum to Option to Purchase Real Estate (the "Addendum") Is made and entered into as of the IQ day of June, 2004, by and between GARRETT VAN SMITH and ANTONY VAN SMITH, Co- Trustees ( "Sellers "), and the City of South Miami ( "Buyer "). WITNESSETH: WHEREAS, Sellers and Buyer executed and entered Into an Option to Purchase Real Estate which is part of a Contract for Sale and Purchase (collectively the "Option Agreement ") dated June 11, 2003; and WHEREAS, sellers and Buyer mutually desire to modify and amend certain terms and provisions of the Option Agreement as more particularly set forth herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency, of which Is hereby acknowledged, Sellers and Buyer hereby agree to modify and amend the Option Agreement as follows: 1. Contemporaneously herewith, the Sellers have executed a Letter of Intent to permit the Buyer to proceed with re- platting of the Property. The parties agree that the Buyer shall have six months from the date hereof in which to use its good faith best efforts to re -plat the Property. 2. The Buyer reaffirms Its obligation to pay real estate taxes on that portion of the Property still owned by Sellers which shall accrue or become due during the Option Period. If the Buyer does not exercise Its option and does not dose on Its purchase of the Property, the Buyer shall nevertheless still be responsible for payment of 2005 taxes accrued on a per diem basis through June 30, 2005, which payment shall be made on or before November 30, 2005. 3. Except as modified and amended above, the terms of the Option Agreement shall remain the same. In the event of any conflict between the terms of the Option Agreement and the Addendum, the terms of this Addendum shall prevail. IN WITNESS WHEREOF, each of the parties have set their seals upon the dates indicated hereinbelow, and the parties executing this Addendum hereby represent to the other that they have full and complete authority to execute the same on behalf of the entities for which they sign. Signed, seated and delivered In the presence of: r By. t B YER As to SELLER As to SELLER 39l'1;4G41 Date: CA/ p.2 U w. 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Ra "'^SCI z �wuF�s. .PS �g W N Mla6�. O.O� s � LW waq This Instrument Prepared by and Return to: Stephen D. Pearson, Esq. 12401 South Dixie Highway Pinecrest, Florida 33156 Parcel I.D. No.: Portion of 09- 40 -36- 0390020 TRUSTEES" DEED THIS TRUSTEES' DEED, made this 30 day of June, 2003, between Garrett Van Smith a /k /a Garrett Vansmith and Antony Van Smith a /k /a Anthony Van Smith and Anthony Vansmith, individually and as Successor Co- trustees under that certain Declaration of Trust dated March 15, 1968 and recorded in Official Records Book 6161, Page 450, of the Public Records of Miami -Dade County, Florida, joined by William Van Smith a /k /a William. Vansmith, individually, and Parris Van Smith a /k /a Parris Vansmith, whose address is 16061 S.W. 86 Avenue, Miami, FL 33157, (collectively, "Grantor "), and City of South Miami, a political subdivision of the State of Florida, whose post office address is 6130 Sunset Drive, South Miami, FL 33143, ( "Grantee "), WITNESSETH, that Grantor, for and in consideration of the sum of Ten Dollars ($10.00)., to Grantor in hand paid by Grantee, and other good and valuable consideration, the receipt whereof is hereby acknowledged, has granted, bargained and sold to Grantee, and hereby transfers and conveys to Grantee and Grantee's successors, heirs and /or assigns forever, the following described property, to wit: The East 101 feet o AMENDED PLAT OF PALM to the Plat thereof; at Page 37, of the Dade County, Florida f Lot 12, in Block 6, of MIAMI HEIGHTS, according recorded in Plat Book 25, Public Records of Miami- The East 101 Feet of the East M of Tract 6, less the South 125 feet thereof, of REVISED PLAT OF A PORTION OF THE AMENDED PLAT OF PALM MIAMI HEIGHTS, as recorded in Plat Book 43, at Page 37, of the Public Records of Miami -Dade County, Florida. SUBJECT TO. 1.Taxes for the year 2003 and subsequent years. 2.Conditions, restrictions, agreements, covenants, requirements, limitations and easements of record, if any, but without intent to reimpose same. a. Zoning ordinances and other restrictions, requirements and prohibitions imposed by applicable governmental authorities. To have and to hold the same in fee simple forever. Grantor warrants the title to the property to Grantee and Grantee's heirs, successors, and assigns, against every person lawfully claiming the property, or any part thereof, by, through, or under the Grantor, but not otherwise: IN WITNESS WHEREOF, Grantor has signed and sealed these presents on the day and year first above written. Signed, sealed and delivered in oouuur' presence: [Printed Name of Witness) r' [Printed ame of Witness) STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI -DADE ) and as Co- Trustee under that certain Declaration of Trust dated March 15, 1968 The foregoing instrument was acknowledged before me this day of,Jux� 2003, by Garrett Van Smith, who is personally known to me or h s, produced as` i�en -n— ication, and who did not take an oath. Notary Public, State of Florida My Commission Expires: (NOTARIAL SEAL) gtopiwn D. Pecrsun q :r WCOffM115$IOta S9ptembar 1, 2005 "+ri` ,,:aac[nM0.ui¢OVPP1NYi6�7P�K�� STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI -DADE ) "ZSMI�thli, Antually a nd as Co- Trustee under that certain Declaration of Trust dated March 15, 1968 The foregoing instrument was acknowledged before me this day of ji*, 2003, by Antony Van Smith, who is ,personally known to me or has produced as identification, and who did not take an oath. Notary Public, State of Florida My Commission Expires: (NOTARIAL SEAL) �% Stephen D. Pearson ,pP it, M1'COVUSSION # DD034915 EXPIRES `•':$' n¢iSrlso4urcLINe ",�•�` e sonaeoTMaieio of STATE OF FLORIDA tness SS: COUNTY OF MIAMI -DADE William Van Smith, Individually The foregoing instrument was acknowledged before me this 30-41 day of June, 2003, by William Van Smith, who is personally known to me or has produced as i —dent fication, and who did not take an oath. th 4�Q' O 4. Notary Public, State `of Florida My Commission Expires:. (NOTARIAL SEAL) �X Wf C0NIBm0" s� 1 fl6o ieptwTtbw 1, , X00+ 200 CYiG 0 Parris Van Smith, Individually Printed Name of Witness] [Printed Name oy Witness] STATE OF FLORIDA ) } SS: COUNTY OF t" nQle - ) �� The foregoing instrument was acknowledged before me this �U day of June, 2003, by Parr4 Van Sr th, who is personally known to me or has produced 'ic��tc_ � z as identification, and who did not take �/ an oath. Notary Pbbq, c, State of Florida My Commission Expires: 9- V1j-0 *2j 435 -1.302 AFFIDAVIT OF TRUSTEE5 STATE OF FLORIDA SS: COUNTY OF MIAMI-DADE Before me, the undersigned authority, personally appeared Garrett van Smith and Antony Van Smith a /k /a Anthony Van Smith, as 'Successor Co- Trustees under that certain Declaration of Trust dated March 15, 1968 and recorded in Official Records Book 6161, Page 450, of the Public Records of Miami -Dade County, Florida, who being by me first duly sworn, on oath, depose and say that: 1) They are,the sole trustees of the trust created by that certain Declaration of Trust dated March 15, 1968, executed by Howard Van Smith a /k /a Howard Vansmith and Anne van Smith a /k /a Anne Vansmith for the use and benefit of Howard Van Smith a /k /a Howard Vansmith, Anne Van Smith a /k /a Anne Vansmith, Garrett Van Smith a /k /a Garrett Vansmith. Antony Van Smith a /k /a Anthony Vansmith, Parris Van Smith a /k /a Parris Vansmith and William Van Smith a /k /a William Vansmith as beneficiaries, and recorded in Official Records Book 6161, Page 450, of the Public Records of Miami -Dade County, Florida (the "Trust "). 2. Howard Van Smith a /k /a Howard Vansmith and Anne Van Smith a /k /a Anne Vansmith are deceased and, pursuant to the term of the Trust, Garrett Van Smith a /k /a Garrett Vansmith. Antony Van Smith a /k /a Anthony Van Smith and Anthony Vansmith, Parris Van Smith a /k /a Parris Vansmith and William Van Smith a /k /a William Vansmith are today the sole beneficiaries of the Trust. 3) The Trust has been in continuous existence since the date of its formation through the date of execution of this affidavit. 4) Pursuant to that certain Amended Order Appointing Successor Co- Trustees entered in In Re: Howard Van Smith and Anne Van Smith - Declaration of Trust Dated March 15, 1968 (Probate Division File No. 01- 5104 /Division 04) and recorded in Official Records Book 20435, Page 3630, of the Public Records of Miami - Dade County, Florida, Garrett Van Smith and Antony Van Smith are the Successor Trustees of the Trust with all powers of Trustees under the Trust. 5) Garrett Van Smith and Antony Van Smith, as Successor Co- Trustees under the Trust are the owners of certain real property situate in Miami -Dade County, Florida, as more particularly described on Exhibit "A" attached hereto (the "Property "). 5) Under the terms of Article VI jointly have power and authority Trust property owned by them as FURTHER AFFIANTS SAYETH NAUGHT. STATE OF FLORIDA I of the Trust, the Trustees to sell and otherwise deal with Trustees. yl Garre t Van Smith, as Co- Trustee under that certain Declaration of Trust dated March 15, 1968 JJ Antony Vhf Smith, as Co- Trustee under that certain Declaration of Trust dated March 15, 1966 ) SS: COUNTY OF MIAMI -DADE) The forego }}ng instrument was acknowledged before me this f day of Juk , 2003, by Garrett Van Smith, who is Personally known to me or gas produced as identification, and who did not take an oath. Notary Public, State of Florida My Commission Expires: (NOTARIAL SEAL) ",u "•.,., �teE:n<n li. peaF3on h N''= 'Al C'SitAMISSh iii b DUM4413 EXPIRE. STATE OF FLORIDA } s aye eu MAUiuu�FaniµwOeAkce rNc ➢(th' COUNTY OF MIAMI -DADE) The foregoing instrument was acknowledged before me this day of Ju', 2003, by Antony Van Smith, who is personally known to me or has produced as i entification, and who did not take an oath. i Notary Public, State of Florida My Commission Expires: (NOTARIAL S S Stephen D. Pearson .,. , � MYGOMMISS10J4 0 100024913 EXPIRES A;., 1F Septembdr 1, 2005 7.N {." `� 50n0FAn1R11iROYFA41 {NSUppnc &.MC 435 -1.305 EXHIBIT "A" The East 101 feet of Lot 12, in Block 6, of AMENDED PLAT OF PALM MIAMI HEIGHTS, according to the Plat thereof, recorded in Plat Book 25, at Page 37, of the Public Records of Miami -Dade County, Florida AND The East 101 Feet of the East 1/2 of Tract 6, less the South 125 feet thereof, of REVISED PLAT OF A PORTION OF THE AMENDED PLAT OF PALM MIAMI HEIGHTS, as recorded in Plat Book 43, at Page 37, of the Public Records of Miami -Dade County, Florida. 435 -1.202 STATE OF FLORIDA SS: COUNTY OF MIAMI -DADE AFFIDAVIT Before me, the undersigned authority, personally appeared Garrett Van Smith and Antony Van Smith, as Successor Co- Trustees under that certain Declaration of Trust dated March 15, 1968 and recorded in Official Records Book 6161, Page 450, of the Public Records of Miami -Dade County, Florida, who being by me first duly sworn, on oath, depose and say: 1. That they are the owners of the following described property, to wit: The East 101 feet of Lot 12, in Block 6, of AMENDED PLAT OF PALM MIAMI HEIGHTS, according to the Plat thereof; recorded in Plat. Book 25, at Page 37, of the Public Records of Miami - Dade County, Florida The East 101 Feet of the East % of Tract 6, less the South 125 feet thereof, of REVISED PLAT OF A PORTION OF THE AMENDED PLAT OF PALM MIAMI HEIGHTS, as recorded in Plat Book 43, at Page 37, of the Public Records of Miami -Dade County, Florida. 2. That the above described property is free and clear of all liens, taxes, encumbrances and claims of every kind, nature and description whatsoever, except for the mortgage or mortgages, if any, described in the deed given between the parties named herein, and except for real estate taxes for the year 2003 and subsequent years. 3. That within the past 90 days there have been no improvements, alterations, or repairs to the above described property for which the costs thereof remain unpaid and that within the past 90 days there have been no claims for labor or material furnished for repairing or improving same which remain unpaid, except the following: None 4. That there are no mechanic's, materialmen's, or laborer's liens against the above described property. 5. That this affidavit is made for the purpose of inducing City of South Miami, a political subdivision of the State of Florida ( "Buyer "), to purchase said property, and to induce Attorneys' Title Insurance Fund, Inc. to issue its policy of title insurance. 6. That affiants are in sole and exclusive possession of the said property. 7. That no judgment or decree has been entered in any court of this state or the United States against the affiants which remains unsatisfied, and they are not the same persons as named in any unsatisfied or unreleased judgments or tax liens of record against persons with the same or similar names as affiants, and affiants have never been adjudged incompetent or bankrupt. 8. That there are no matters pending against the affiants that could give rise to a lien or adverse claim that would attach to the said property between April 8, 2003, and the recording of the deed to Buyer, and affiants have not and will not execute any instrument that would adversely affect title to said property. p FURTHER AFFIANTS SAYETH NAUGHT. Garrett Van Smith, as Co- Trustee under that certain Declaration of Trust dated March 15, 1968 P l; C STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI -DADE ) e certain Declaration dated March 15, 1968 The foregoing instrument was acknowledged before me this day of Ju , 2003, by Garrett Van Smith, who is �e Aonally know ro me or Yfas produced as identification, and who did not take ^�an oath. Notary " Public, State of Florida My Commission Expires: (NOTARIAL SEAL) ;��c�+;�;, Stephen p. Pearson +. r MYCOMMISSION# 61/024913 EXPIRES �."��••.;, , ed' September t, 2605 &]HOED niW iROV HdN w6wnNCE MC STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI -DADE ) The foreg ing instrument was acknowledged before me this day of 0ur�, 2003, by Antony Van Smith, who is personally known to me or has produced as identification, and who did not take an oath. My Commission Expires: Notary Public, State of Florida (NOTARIAL SEAL) tiw" ny , _ Stephen D. Pearson 435 -1.303 .: M,r IX2MMiSSIONS 000RM EXPIRES °x7 1 up10 m6er 3, 2005 %�; Fy{' nnrs.zr, nraura»ranrnms Wat we AFFIDAVIT OF NONFOREIGN STATUS STATE OF FLORIDA SS: COUNTY OF MIAMI -DADE Before me, the undersigned authority, personally appeared Garrett Van Smith and Antony Van Smith, as Successor Co- Trustees under that certain Declaration of Trust (the "Trust ") dated March 15, 1968 and recorded in official Records Book 6161, Page 450, of the Public Records of Miami -Dade County, Florida, who being by me first duly sworn, on oath, depose and say that: 1. Affiants understand and acknowledge that the United States Foreign Investment in Real Property Tax Act, as amended by the Tax Reform Act of 1984 and Section 1445 of the Internal Revenue Code provide that a transferee (buyer) of a United States real property interest (as defined in Section 897(c) of the Internal Revenue Code) must withhold tax if the transferor is a foreign person. 2. Affiants understand that City of South Miami, a political subdivision of the State of Florida (the "transferee ") is relying upon the representations contained in this Affidavit in determining whether they must withhold tax. 3. Affiants are the owners of the United States real property interest described as follows: See Exhibit "A" attached hereto. 4. The sole beneficiaries of the Trust are Garrett Van Smith, Antony Van Smith, William Van Smith and Parris Van Smith. 5. Neither of the Affiants nor William Van Smith or Parris Van Smith is a foreign person for purposes of United States income taxation. 5. The United S ates tax aver identification number of Garrett Van Smith is ;the United States taxpayer identification un�mber of Antony Van Smith is ?•- g -�-7�3 the United States taxpayer identification number of William Van Smith is �Gri- % —/6G3 and the United States taxpayer identification number of Parris Van Smith is X62 -68- s7Vv 6. This Affidavit is executed and delivered to inform the transferee that withholding tax is not required upon Affiants' disposition of the United States real property interest described above. 7. Affiants understands that this Affidavit may be disclosed to the Internal Revenue Service by the transferee and that any false statement Affiants have made herein could be punished by fine, imprisonment, or both. 8. Under penalties of perjury, Affiant declares that they have examined the Affidavit, and to the best of their knowledge and belief, it is true, correct, and complete. FURTHER AFFIANTS SAYETH NAUGH STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI -DADE) Antony V > Smith The foregoing instrument was day of Ju_ty, 2003, by Garrett i known to me or`-as produced as identification, and who did not take an oath. acknowledged before me this Van Smith, who is personally My Commission Expires: STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI -DADE) Notary ;U: ic, State of Florida (NOTARIAL SEAL) Stephen MISON #D MYCOM D024915 EXPIRES September 7, 2005 INnFOM?U11 Fb11 INSURANCE INC The foregoing instrument was acknowledged before me this day of Judy, 2003, by Antony Van Smith, who is personally known to me or has produced as identification, and who did not take an oath. h - Notary Public, State of Florida My Commission Expires: thrP Stephen D. Pearson '`_ ^.; .r MYOOMMISSION# DD024915 EXPIRES (NOTARIAL SEA ' WNonD7HWTr 0YFArN'w2.aDiMNCEINC 493 -1.304 EXHIBIT "A" The East 101 feet of Lot 12, iu Block 6, of AMENDED PLAT OF PALM MIAMI HEIGHTS, according to the Plat thereof, recorded in Plat Book 25, at Page 37, of the Public Records of Miami -Dade County, Florida M The East 101 Feet of the East '/2 of Tract 6, less the South 125 feet thereof, of REVISED PLAT OF A PORTION OF THE AMENDED PLAT OF PALM MIAMI HEIGHTS, as recorded in Plat Book 43, at Page 37, of the Public Records of Miami -Dade County, Florida. 435 -1.202 Lott & Levine (30S) 670 -0701 7 Jun 2 03 03:020 Sent 0y: Stephen C. Pearson, Esq. 305 971 4666; 06127103 213 it :14AM;j0tFna_058s ;POge 0a 9pVARTM @rlaFndpnNaRip9heYl66YiltMMEM IRN9 {29Dx•Offii' i A HW1.1 uNIFom SETTLEMENT STATEMENT mLom 1.[)FNA &T)PmHA 3.jxl Com. tlMns. e. FlleNUmhet: .Loan Nameer. 8. M¢rtg¢ge lRSalane¢C9se Ntltyloer: 4(IYA 6.0comr L 1 e. ue>•�•�m.m ramBnea eslalNnent senlwnom crats.Amoumc paidroand try the seWmnm la6mdaraehovn. kemc narited M#arm 4arrelt endAntoRy Yen Bmim, asl5vsteas p4e4 190Si aW. 86 AVanue 833143 MI9m1 FL33157 gm w. TNofSNlnr: H. Sentem¢nt Agent tor7800SW69Ae9noe ne¢Msegsmem Bteptren D. Pam NPs4. Ftodds 33143 12491 Soa%Diode 109W4W 701. CoahnoiwiesPtiu 290000.60 461. Conha¢tsales p4co 20 102 Patsonat Pr99ons 02 Pe(sonal Pmpaty 106.64rtPwaft se9lein44 ono 0d l5ne S40g1 10420.95 3 let. tq Is MNetrK PaW bN 6oiW in 9dearwa Adlashnems lrx inertrs pnlA WasOor is 9daulea 106 tdlms k 107. Cduniytases m 106 Assa6smeme U 0.09 0.Op 0.90 CltyAorm7®ras h 4D7. COamYWSas to 499. Assessmenm W ADD 9.00 o 0.09 1DA b O.pO 498 m 0.09 710, 419. 111, 441. 712 a2, 1ta 4� 12% GtoinMnaaM 090 fram 0oka 290426.85 . Grose ArnowtDdete Seiko 290609.00 2o1LAmduetaPak byeoln Vehalf of Bo1WW¢1. 29f.0Bpns}ts Meome7tmoneY 202Poin4 areswotawtoonls) . ReducmrA In Ar9enrd Daete Sdkt: .fxaesed tt sea lnsauNOla 02 SONementchargesto seller {On01400) 14943.38 293.t6d98ng knnla)fnken sunloot to Evisti baMsl loLxn e4t to gyy sD4. Payoff arfiratmoftma 2D& Payoff Ofsecund moA9a9e 506 Peyafflo Jena ead McOSiy Pa10 0265.00 37. 507. 208. 208 ; • 509. A410NmaaW for Rome oft"m by sailer 21OX- MIAY11 bm9 to MW itl. Ca I to Gf29N3 I 272ASSesslauts to 0 219 l0 9.99 ArjuetmMtsfof 941ns Yl/ Msdi{t t9. C0y11avntatec m 60D 00000 412. Assessments to MOD 13. to Man 2f4. 574• 216 515. 276, it 217 517. 216 19 Z1B: 1row Paid Door Dotmwet 900.09 519 TotalRedur•Oon AMouat Drwsaier 24109.43 390. CanitatSWietrwOtitpm11969ttW/9r 39fa Glbsd:n 0dln naAni (fore 12D7 302;1ass 9AlManm paid OylfW9oDOneritine2207 Cuiif*sd0ames1 7411rom SOW 2BM26RS 60f. Gross amount aueto u0af(I110 420 ) 1 ReDogam 990.09902 Less t{dumomm amoem duesellrs(du 620) 241gB.43 micwR„ lift= t*u ii 269440. 667. Cub in to Itax from sdiff 255997.57 SubcthubParm 1ti8B Seiler 6tat¢mant (Sailers Siontlaro) twrnnu rAeu.,» r� 7mma. n9. P. Jun 27 03 03:02; Latt & Levine 'Sent 0y: Stephen Q. Pearson, Esq. 305 971 4888; [305) 670 -0701 08/27103 11:14Aa ;)VYA ._8S38 ;Fa9e 313 1. . an{a.na n ToOD.Tnttl SblodRCe0e1's COmmtvaiane lAaaed on ko 28D000. 9G Q'As am immn pine 70Dya4 fblla . ate nom Rorrows Fends at Sediment Patd bnm Sakes Funds M SomemcM 0.00 707 D2 7D3. Camletm as Sediment ago. tnfncP In tAA wifA LOaA Of F¢B % BIR. Loan OkmuM % W 1Fee idedaR d eann Feo Insnranm APPMUM Fee Toy- 80& ' 8tt. ' 812' 07 87L F" lWD.Ibnri uitad 4etakttb Ba Pab in pdvanaa BO1.10latbst lrMn fe iday o e1mgmente Pmtrdnm Pot. maM le Q mArq mauranae mmiUm ht y"MtP Rid eOS. ttao peAwnn m 1001. insurance moMna mehm 110.2 me lneelanae iMn{ha i menm 7 enY taxes mOMnB S acrmsb 9.91) 0.0) 0.00 IODC C t401ea mbM1 & ar manm 0.00 1tm3, abanabmen monm0 &7iR ermo t fMnma BI'mOnm OA D.OD 100 . t 1W9. .IUM THie 8'f. emenUdesin tee to Aen D. Peeraen. . '3QP' IPQC edar ctOalnB u er 0. tf02 smchio pP P olocn by AU a15nDQ) 1 mam na On tDSOP lx a0Blalnxin86Y 9u etSt50.00 N xuledse tlsr Ot. f OnCllnlem laden ftOG. t7maty 110. 0 1MV159P 14843.35 Imd80es demnambeis 11041188 OQader opsin ny8x 147. 1 r ugnMUSOP li ebOW dpnnam 1708: ssvem e 1110. claneYOaavaR�gb8280.00D.W U. m R i 1 1 202 . cawwwwAt RnnaY d Qroin C P.0091 fe es so2M al0ab nie¢se &OD OcW 880. Mbttgega 13py Deoq 4260. Mon a OEM 420{. Tnluee aM 30.00 i280.D0 i8. i 1208. 4300. Ad ttattlement CA e Pe17ns on 1303. UM DOOM toA- le x ma, 1304. OOWmBMP dta0w1 F8b 10 SW 1305. Taxes l3aS e{4 kas LoAan t tta IPDC afW wo41 Y y2488.66 7441. 13D7. 7 iD37t 802 AIDYa ,ten rr..l a.xr.,...r Chimera bk Nam ber Tranafela tb ilAOb__ 1Q128. 14843. • -.. CERTIFICPSIQA i have camlWy w*wed the HUD-1 mn Sdj nl Statement and to me best of My fn4w1e90e and WK 0 is a Into and aconsle sl _....../ «. e.....�r -At inihia 1Rnsanbn.i Nnhal oanify that i haveracetmd a coPYal Is true and ooauralo aeaouM otthe tunes welchv , CM7eiyr tO.M Wrie Isv� nmpe.nry. p.4 Jun 27 03 03: 02P Lott & Levine (305) 670 -0701 P ^3 N536(Peg¢ 213 Sent nY: Stephan D. Pearson, esq. 305 971 41IS6( 05127/03 11 :14AM1j0tEb. ._ Sid oulsidellm dasas they 11111 ohwm for 9domrationM Purposes and are or maloded in me raters. 7 D. Nampa AOdnaS 09 a fewer: & Nome, Address817N afShcer: F. Nemu &Address oilenden C6yals"MMloml 8130 Syma4 D4ae Garrett andAntanyVen Smith, asTnstees 13DS1 S.W. SSAaenUa SoWI m{ , FL 33143 Miami , FL33157 a. PropaM aamtion: 11N al5sila : H. Statement Agent Place of5e01emant 12401 South We F68(tWW Fast 101,fed a17800 SW 59 Awns& SarM WOW, Flomrs 33143 Stephen O. Paemoe, Esq. LSe0lomsmD4te: (301Ds O5. 'neared, FL 33156 a.summtuyalsouaMOrsTrammatlan s. Summary atSNbrs Tr4naacdat4 I. Grdao Aamunt DMIMOR BaaaW .. 400. GrarnAtow Due to Saller. 10t. tttfall sales W w 28000800 401.ORmraat saias pace 260000.00 102. Peryon4l MopeOy 02 P.M ptopeny 703. mmwers salAemerYcOargas pine 140D) 10420.05 TUC �. 105. O5. AdhMarta6la MhanK poldbY doter in advanea MOlntmenk ROr itemR paW bYaallet(11 a0yamal 108 Dwm laoas to 860 .CUY4avmlaa!s m 800 107. Cb" NOWS m 0.00 67. co"MyMM to 0.00 7DB.ASa4 WWft to 0.00 40k Assessment; t0 0.00 1 to Map {oar to 0.00 it8 476. 1% 47 112 472. HS, R12 120. C,meaAmawltDUellmn Borrow 209426.05 . Grose Amountcoota Selbr 280000,00 208Arr60M Pak laarin l7abaifat DOUwiet: SOD. M{n AmWnt DOata Balbr. 201. afoDm6sr mon 501. lIu depoatt aea nalmN0 202 pal no"' 0olnewroan(a7 02 SaDlamttitaper es to ae {Dr Ihu: 14ac 14043,36 293. ' twn(a)Ia3anauMeatro 503. Eldslyi ban sllatR+f au edW 20{. 604. Payoff at 6mtmorm 205, 605. Payakofsaeana model e 286. Payoff to Jam and Mienly Part SWIM 207. 7. 208 200 AlUm mernaROibma unpapt by eager Adjuatmtow, for Moms unpxw by seller -MM C6y0p btms to 0.60 1D. CSyllawn wac 0 &GO x11. cou Farm 1(1100 to . W2003 900.00 11. courey ta¢a 111103 m BI29103 06800 212AStu5emsnts to 0.60512 Antosmads to ROD 213. to 0100 13. to Oran 214. 61 {. 218 915. 27& 516. 217. 517. 211L 578 2/a 570. e26,Tdtai Paf06yHa[aarmwor 9SDA11 Tote RNW11an Aabunt DUOSeDey 21U8.43 am r"hatmakhre111 FOR" ISOMOVaer 060. cubM4blDmnEnt aflmm Shc20 301+Gmatiemottnt whom iwrfonnt (ane 7201 200426.06 1• Gross amoum 1111010 moor ins 4261 260000,00 302.Lt%$0nl0oids Pa byypxDOMMOr(Oae2201 95800 two mdae0orre to amoum due sell" (Una l 24103AR 307, (:aAt , Dmn to aamawcr 288440.77 663. Cast tO from SdIN 1 2MO147 Subathuro Farm 1p86 Sutler Statement (Sellers sonah") ¢oyms]a tavanarwonfnvs<.vc'. Jun 27 03 03:02P Lott & Levine Sent by: Stephen P. Pe0ra6na ES4, 305 971 4988) L t w (305) 670 -0701 06/27103 11:140pjetFB 038iP300 313 OO.TaUi 6lkstR sCOmm .f6ae an o. D pn4etdn otCom tons e7 Yas fpllaNS: 707• �FOO At Settlement from Funds al SaOnntdd 706 2mr-Owfan Da al samerneal 0'04 !p DemeP nCOnneabnwilA Lean 80 La f. 0 LO Pee 4b 802. LO END To % eo6 pralsal Fea CroODR d 808. i stlonPaO nsurance a 6n Fee 806 ' Ulm 817. 872' i 813 814• 1- BB0. Malhte tdrad 6endertD fie Paid in Advance 801. tntalOA It to dY anal Mp llmhudrom Prem um for. mom to ®(dma area em mml% aro Bos 1DDf1. RaaerYes Bedxdlh tandm tODi. Ste DrAN40 m mhe b maald 1002. MQMRge insum" months S monm 006 MlY taeea mpnN6 W1b nc+mon o.oD 0 do 0.0 tasa. taxes memns 5 mdmn 0.00 005. MM90 eal6 mongic b monm tow, monms monm 0100 a.aa t . 1006 1[768. 1700. 170. emaRVef6aM teet65t Ten D. Peacsdn. . 'SDP' (PDC altea' cloatn0 n 7 1102. south lnS P IP ctps SY BdY1531SD. 7 on t0& P stlaraWsinB 9 et3166oD 1104. TWO Row"mcm Difteld i DOpamdla amwn 17 RmatY H .AftO leaaata P 14843.35 I6heiLLdes nWawdmm�um 1704.1 1POC atlm cbsin ayR t4 t aMlMenaat6S0P firAmmma mww dorartumbm tto6• e 1770. AYatei'0 eb280 W0,0D it. 7t 2: 1 16 12ao. (iaNeminenl Raconf an TraamM m8a: 1204. R kea: ttaed 24 Ma OD aoease 6100 12OZC wu tmhhm Os4d 1a80. ManBeBe 12011 Dead t M age tzw. Thueis6 n 1e&100 t7b0,OD 15.00 7 1206. 130m. Miarpd sa lemnnt chames 730. BY 1302.P015 pn Search 6 1 41a semen t .PpWmad Oa Pan to SD 1'30620 aYw 308. AUROWS taes nR 9ml LOAN PAC e0ef d06n 324 66 7941. 13OL ..,emu .va.e n.ah.euva . re,u Rhi¢ umher innalere b nee 103 XLW Ajouvet 7042325 14543.35 7 Seim Val, g 10 a trod and amotte statement pl t have tat ,loved a opy dtthe MUD - sanlmer amrewea smato asndm orldo ruaao which waze t 004. 53 _.. Data cKwada iPnOaiaam•nwP.taw. p.4 MAY.- 23'03(FRi) 13 :58 PF &T, P.A., M1AMIJ . TBL:305 670141D P.Do$ ,.VW,EOM HAS BEEN APPROVED BY T4 FtOPWA ASSOCIATION OF REALTOR"ANO THE FLOSIDA "PAROM Ad Sm ,ftw Im •! Da tAWiGmadpPanNAm PBaPvOBng m i e the et +n (D)eoaBlntltlr•ea . cAS : rm.dBw PwpB +z , I *POrtamIPADajp n u +ma PVUMEFAiCE m FAMNENC [71 �DnpmAlmiib •WaarlN MI CCAeaeiAwdapmRbinanalB +m Ig 6IIOJlamatlDamwn¢9mniadBW m Ba 10Nmem•aBni•fman�f�batvN •2 lBlpwl�mm•Pmorpepe enaPae •» mw= at (m mlmmmerolAAyuanem�vld Sm. 7YIEP W l ADZEP2AlA'k DF DFFEfl; omt mm as ••i m >t a a ar a a .n a *M ava ZfilIIa'5h1i =;.•)S'� 1. mm�iv7.•BV> aML ocampmMmumm •a QVAMaarama w! OVAaNa vA78 CmC a (q1a v fb v f � 1 N 727D1. v41 Ni lA)i .a (h)f 1n. � s IDlNa0 [vim ' ^..o[mfyaiTmc7Af (FinawAiaa�lnihB nmannU _ __ a yrye glBrP.2aBBwt7a18Wb PoregtBpn imfn du BlromM1Ot.. - -- i �. InfBwrel__ Mr =us nk D vblanl.U=2aotf Poch= Pnm} i Ll 6xnpB�AfeaeanpnattlVe CAnimd. 904 EnbMf pD W5 BIB) • -- SoCW DIBaRy vTu LD.f -.�- Q1= AnAirra Ps>BwADBBf �T Rn OnlV•YnXa2l1�0810 aafnpvwnaon UcorBO.8N1 Mp, DVB CBInfBCL uw _�:lnrMIu 1i. co PPWT P A . MIAMI.P TEL:305 67DI410 P.006 INIV _ITn210Di1 IA - M PP &T. P_A.. MIAM).F TEL :305 6701410 F.007 Jun Oa 03 05:23P Lott 6 Levine 1305) 6 ?D -D701 P•2 nDD� EIvDUM TO CONT tACT SALE FOR AND PURCHASE This Addendum to Contract for Sale and Purchase (the `Addendums is made and entered into as of the ,ij- day of June, 2003, by and between ethe GARRETT VAN Si4M and OTONy VAN SM1Tli, Co Tn:stees ("Seifersi, d City of South Miami (°'Buyers• WITNESSt- ' WHEREAS, contemporaneously herewith So (the and Buyer have executed e ^Contract°}; and and entered into a Contract for Sale and Purchase (the WHEREAS, Sellers and Buyer mutually desire to modify and amend certain terms and provisions of the Contract as more particularly set forth herein. NOW, THEREFORE, in consideration of the mutual covenants contained Of herein, and other good and valuable consideration, the receipt and sufficiency nd which i, hereby acknowledged, Setters and Buyer hereby agree to modify amend the Contract as follows: 1. in consideration of Buyer forgiving the bliigationni� is repay any amounts previously expended by Buyer, this Contract and Seller and Buyer agree that the Purchase Price for the Reel Property is $280,000.00, an amount equal to one -third of the tappraised Buyer, market September specified in the appraisal commissioned by 2. Unless Buyer sooner exercises its option and doses on the west 2/3s of the property described in Exhibit A', Buyer shall, at Its sole expense, ig the West use its good faith b efforts to n ^fit the land if'risci � i buildebller 2/3s of the property described single family lots of not less than 100 feet each of frontage on S.W. 78 Street within one year of the dosing on the Property. As used herein, ^re -plat° shall also mean °waiver of plat", if same shall permit use of the property as two residential lots as described above, The rights of Buyer to purchase the west 2/3s of the property described in Exhibit co pursuant to the either closing on Purchase ofathe property conditioned on Buyer described in Exhibit `A° Or using its 9om% faith best efforts to re -plat same as described above within one year described dosing on °Ate Property (i.a., the east 1/3 of the property Buyer will not do anything now or at any time In the future (which obligation shall survive any termination Contract, the such Agreement, cc otherwise), to hinder any owners property into 2 buiidabte lots. The Bvyer believes that the western 2/3s of the property described In Exhibit `A' meets all requfremercts.for re- of to two (2) single family i�pla� including 9 all be the decision i o the availability; however, app which Buyer cannot the ante, other than to represent board Or entity guarantee other than to represent E will recommend to said board or entity that It approve the requ f the request furore use ft -p re-platting %th best efforts to Obtain approval such board or entity. Seiler agrees and understands that the approval of all of a request to repiat the western 2139 nd of t thproperty shaft the Buyer. said Seller agrees governmental bread or entity, cooperate With Buyer, including signing The Satter egress to reasonably any applications a other no�ibit required " "R Buyer grees that, regardless west 2/3s of the property described described in Exhibit `A or whether or not the coast y of the property are re^ptatted into 2 Tots, Buyer r shalt waive any setback requirements Jun oe 03 osteap LI%% & Levine (305) a70 -0701 p.3 relating to the existing home on the property and provide any variance required to maintain same during the lifetime of Garrett Van Sni(th. 3. The Buyer proposes to acquire this property for the purpose of establishing a passive park in accordance with the grant agreements between the Buyer and the Land and Water Conservation Fund, and the OfFlce of Safe Neighborhood Parks. Buyer agrees that such park shall be named the "Van Smith Park" in oeroetuity. 4. The Buyer agrees to pay all closing costs related to this transaction, cost Of an owner's title inWrance inudin all pocilicy to be issued by costs and Stephen e Pearson at promulgated insurance rates. 5. es p�nlding at the timie of dDsing onithe Rai PrOPWW With the estimated ed at $7,5p0,, which wit valorem paid by Buyer on or before rclosing on the Real Property. 6. The Real Property is being sold and purchased in an °As le condition. 7 ,,,.n�_IRIZL. THE PARTIES BY THEIR ACCEPTANCE HEREOF VOLUNTARILY, KNOWINGLY AND INTENTIONALLY WAIVE ANY AND ALL RIGHTS TO TRAIL BY IURY IN ANY LEGAL ACTION OR PROCEEDING ARISING UNDER THIS CONTRACT OR PERTAINING TO ANy TRANSACTION RELATED TO OR CONTEMPLATED THEREBY, REGARDLESS OF WHETHER SUCH ACTION OR PROCEEDING CONCERNS ANY CONTRACTUAL, TORTIOUS OR OTHER CLAIM OF WHATEVER KIND WHATSOEVER» THE PARTIES ACKNOWLEDGE THAT THIS WAIVER OF IURY TRIAL IS A MATERIAL INDUCEMENT TO EACH PARTY ENTERING INTO THIS CONTRACT WITH EACH OTHER. THAT THEy WOULD NOT HAVE INTO THIS CONTRACT WITHOUT THIS RY TRIAL WAIVER, ANDD U THAT THEY EACH HAVE HAD AN OPPORTUNITY TO CONSULT WITH AN ATTORNEY IN CONNECTION WITH, THIS IURY TRIAL WAIVER AND UNDERSTANDS THE LEGAL EFFECT OF THIS WAIVER. Except as modified hereby or inconsistent herewith, the terms of the Contract for Sale and Purchase shalt remain the same. , In the event of any conflict between the terms of the Contract and this Addendum, the terms of this Addendum shalt Prevail. IN WITNESS WHEREOF, each of the parties have set their seals upon the dates indicated hereinbelow, and the parties executing this Addendum hereby sarepresent n the other of the entities they far which full and they sign. plate authority to axec(rte the Signed, sated and dellvared BUYER: in the presence of: THE C WOF SOUTH MIAMI c Data. 1 As to BUYER T SMITH,'1-ruscea Date:, As to SELLER Jun 06 03 Qs:23P Lett % Levins [3051 670 -0701 P'4 L/ gN7pNy SMITH, Trustee AS to SELLER Date:� Sun OS 08 03ta4p Lott % Levine (305) 570 -0702 P.S nsrsnrL'f'O PURCHASE REAL ESTm This Option Agreement is made and entered as of the A day of dune, 2003, by and between Mr. Garrett Van Smith and Antony Van Smith as Co- Trustees of the Howard and Anne Van Smith Dadaration of Trust dated 3/16/68 ("Sailers' and the City of South Miami, a Florida Municipal corporation ("City"). I. ad valorem taxes For and in (asconsideration rrr rd�ned wich Payment einfthee approximate amount of for the Property ( penalties and interest, and dosing on the east 1/3 of the land $7,500.00, including p at 7800 S.W. 59 Avenue, South Miami, Florida and other good and valuable consideration, the receipt and sufficiency of w option owledged, Selithe grant the City of South Miami (the °Gty") an exclusive South Miami, Flo Florida 3143, r n situated Dade County, State State of Fiorida,9and legally described as: AN of Lot 12 and the North 22.59 feet of Lot 18, in Stock 6, of AMENDED PLAT OF pAUA MIAMI FLEIGHT6, according to the Plat thereof, orecorded Irk pat Book Florida ; t t Page 37, of the Public and The East 1/2 of Tract 6, less the South 125 feet tharaof, of REVISED PLAT OF A PORTION OF THE AMENDED PLAT OF PALM MIAMI HEIGHTS, as retarded in Plat Book 43, at Page 37, of the Public Records of Miami -Dade County, Florida (the "Property") II. Subject to the City: (a) Paying the outstanding 20b1 us valorem ood faith best Its Property and dosing on the east 113 of the Property; () 9 Min efforts to repiat the,proparty into two (2) lots as described in the Addendum and c) the fra year of the Option Period unless City doses e er k becoming delinquent paying all real estate taxes ah the Property prior ar during the Option Period, the parties hereto covenant and agree that the City shall have the right to exercise this Option at any time prior to the two year anniversary date of the dosing on the City's purchase of the easterly one -third of the Property, hereinafter referred to as the "Option Period`, for the sum of $560,000.00 for the property. The City may exercise its sexnusi a right purchase wrie the notice Property to Setters time during fire " Option Period` by giving thirty ( ) Y As used herein, °re -plat' shall also mean "waiver of plar, If same shall permit use of the property as two residential lots as described in the Addendum. UL The Sellers should convey good and marketable We to the Property to the City in accordance with the attached Standards for Real Estate Transaction which are incorporated e conveyed nAgreement, mphyHowever, except for warranties of title, the Properly hail b IV. City shall survey the property at its expense prior to closing. Such survey rea shall create a surrounding the separate for which Mr- arrett Van Smith hal! retain an Irrevocable license. Sun D6 03 A5:24p Lett & Levine r3o5) 670 ^0702 p•a V. At dosing, Mr. Garrett Van Smith shall receive an irrevocable license to reside in the home located on the Property together with exclusive access easement to allow for Mr. Garrett Van Smith egress and ingress to the home. in exchange for Such rights, Mr. Garrett Van Smith agrees to care for and guard the Property, including the home, during his lifetime or until his rights are voluntarily relinquished in writing, as he deems fit and suitable. Mr. Garrett Van Smith shall not pay City for his irrevocable license and easement rights and same shall be personal to Mr. Garrett Van Smith and shall expire upon his death or voluntary relinquishment of such rights,in writing, or abandonment, whichever shall occur first Abandonment shall be defined as not living in the home for more than six months unless Mr. Garrett Van Smith has been hospitalized, or Is otherwise physically not residing In the home but provides the City with written notice of his intention to return to the home. for purposes of this Agreement, permanantiy residing in an assisted care. shall pay for the maintenance, utilities ia d repair hospitalized. f the home on the Garrett rropeerty as he deems fit, during the period of his use of same and City shall pay, the costs of maintaining the land at all times after dosing, in addition, City shall have the right to repair and maintain the home if it deems Mr. Garrett Van Smith's repairs and maintenance inadequate and if Mr. Garrett Van Smith has no objection to sudi shall and maintenance. Property only as During assive, nature park. Garrett provision shall the survive dosing. VI. City shall pay for documentary stamps on the deed, any surtax due on the deed, for an owner's title insurance policy to be Issued by Stephen D. Pearson, Esq., at promulgated rates, for all taxes on the Property, including for the year of dosing, and all other closing costs except for any fees and costs due Stephen D. Pearson in connection with his representation of Sailers in this option Agreement Sellers shall not file or permit to be filed any claims of lien against the Property prior to dosing. After payment of fees and costs due Stephen D. Pearson, Esq, in this i each of the beneficiaries of th d e No and d Anne p to Smith Declaration of Trust. VII. Ali notices, demands and/or consents provided for in this option Agreement StateseMag withgpostage shall pre pre-paid. All the parties Sellersshallhbedaddressed to Sellers ao*. Florida 33156Stephen less changed by written otice2to South Dixie City. All notices to City shall be addressed to the City Attorney at Nagin Gallop Figueredo, 3225 Aviation Avenue, Suite 301, Miami, Florida 33143, unless changed by written notice to Sellers. The parties agree to keep each other reasonably apprised of the status of this matter and each parties efforts to achieve the dosing contemplated hereunder, which each party agrees to pursue in good faith. City shall give Sellers of less than 15 days notice of the date it desires to 'close the purchase contemplated by this Option Agreement. VIII. This Option Agreement shall be governed by and construed in accordance with the laws of the State of Florida. IX. The Parties represent and warrant that they have dealt with no broker, agent or other person in connection with this transaction. ]un b6 03 oS:24P Lott & Levine 1305) 670-0701 P.7 X. This Option Agreement contains all of the terms, promises, Covenants, I Into bY or conditions and representations all priorsd`rsade or entered and agreementsbwhether$ewcittenaor oral City and with respect to the Option Agreement and all other between Sellers and the City matters Contained herein and consttheret theThie Option Agreement t may no between Sellers and the City with respell modified or amended unless the amendment is et for h in Thls writing Opttion Agreement by both Sellers and the City with may be executed In eounterparts. XL. tnpit�+cR OF JURY TRIG. THE P HEREOF WAIVE ANY AND ALL RIGHTS TO VOLUNTARILY, KNOWINGLY AND INTENTIONALLY Y PROCEEDING THIS ,y IN ANY OPTION AGREEMENT OR P}StTAININGNTORANY TRANSACit01aINRTEO OR WHETHER SUCH ACTION OR CONTEMpL9MD THEREBY. REGARDLESS OF TOR S OR dTFiER CLAM OF PROCEEDING CONCERNS ANY CONTRACTUAL, WAIVER WHATEVER KIND WHATSOEVER. THEPARTIFSACKNDWLEDGETHAr O THIS OF JURY TRIAL IS A MATERIAl.INDUCEMENT TO EACH PARTY ENTERING OPTION AGREEMENT WITH EACH OTHER, THAT THEY WOULD NOT HAVE ENTERED INTO THIS OPTION AGREEMENT WITHOUT THIS JURY TRIAL WAIVER, AND THAT THEY EACH HAVE HAD AN OPPORTUNITY TO CONSULT WITH AN ATTORNEY IN CONNECTION WITH THIS JURY TRIAL WAIVER AND UNDERSTANDS THE LEGAL EFFECT OF THIS WAIVER IN WITNESS WHEREFORE, the parties have hereunto set their hands and seals this ^ day of May, 2003. Signed, sealed and delivered In the presence of: As to BUYER As to SELLER VAN SMITH, T ZoXy 4VM4rMrustee As to SELLER nay e'r us Us: 02p Lott 6 Levine 130s) 670 -0701 P•I EX91 IT °A° All of Lot 12 and the North 22.59 feet of Lot 18, in Block' 6, of AMENDED PLAT OF PALM MIAMI HEIGHTS, according to the Plat thereof, recorded in Plat Book 25, at Page 37, of the Public Records of Miami -Dade County, Florida, AND The East 1/2 of Tract 6, tess the South 125 feet thereof, of REVISED PLAT OF A PORTION OF THE AMENDED PLAT OF PALM MIAMI HEIGHTS, as recorded In Fiat Book 43, at Page 37, of the Public Records of Miami -Dade County, Florida (the "Property'). LOTT & LEVINE ATTORNEYS AT LAW DAOELANO CENTRE, SUITE 1014 GEOHOE J. LOTI 9155 $O. DADELAND BOULEVARD MICRdEL D. L3iV3YT$ (1953 - 1903) NiZAMZ. r'LORIDA 33138 TELEPHONE (305) 670 -0700 'FAX (3(305) 670 -0701 February 15, 2005 Maria Davis City Manager. City of South Miami. 6130 Sunset Drive Miami, Florida 33143 Re: Purchase of remaining Parcel of Van Smith Property Dear Ms. Davis: I am pleased to enclose the original recorded Deed and Title Policy in connection with the above referenced matter. Very truly yo r •, G OTT GJL:amj Enc. EEIV FEB 18 2005 MANAGER'S trr pp R 0 ery CITY CLERK'S OFFT( /3 STEPHEN D. PEARSON, Esq. 13444 SW 83 Avenue Pinecrest, Florida 33166 January 31, 2005 George J. Lott, Esq. Lott and Levine Dadeland Centre, Suite 1014 9155 South Dadeland Boulevard Miami, Florida 33156 Re: Sale from Van Smith to City of South Miami Dear George: Ph: (305) 259 -8006 Fax: (306) 971-4888 Enclosed is the original, recorded Trustees' Deed and copies of the Affidavit of Trustees and the Grant of License. Also enclosed is the City's original title insurance policy. As of today, the county is still showing 2004 taxes as unpaid, so I had to take exception for those. I will forward the affidavit we worked on when it is returned from recording. In the meantime, let me know if you need anything else. I hope 2005 will be a great year for you, friend. Very truly yours, k�,e Stephen D. Pearson 435 -2.102 FEB 18 2405 MANAGER'S C This Instrument Prepared by and Return to: Stephen D. Pearson, Esq. 12401 South Dixie Highway Pinecrest, 'Florida 33156 Parcel I.D. No.:09- 40 -36- 0390020 OR 8k 22928 Pas 1807 - 1.813'7 (70,90 RECORDED 1212112004 15 35109 DEED DOC TAX 3e350,nn HARVEY RUVIN? CLERK OF GOURT MAK -OADE COUNTYr F1.0RIDA TRUSTEES' DEED ^att THIS TRUSTEES' DEED, made as of and delivered the °�? day of December, 2004, between Garrett Van Smith a /k /a Garrett Vansmith and Antony Van Smith a /k /a Anthony Van Smith and Anthony Vansmith, individually and as Successor Co- Trustees under that certain Declaration of Trust dated March 15, 1968 and recorded in Official Records Book 6161, Page 450, of the Public Records of Miami -Dade County, Florida, joined by William Van Smith a /k /a William Vansmith, individually, and Parris Van Smith a /k /a Parris Vansmith, whose address is 16061 S.W. 86 Avenue, Miami, FL 33157, (collectively, "Grantor "), and City of South Miami, a political subdivision of the State of Florida, whose post office address is 6130 Sunset Drive, South Miami, FL 33143, ( "Grantee "), WITNESSETH, that Grantor, for and in consideration of the sum of Ten Dollars ($10.00), to Grantor in hand paid by Grantee, and other good and valuable consideration, the receipt whereof is hereby acknowledged, has granted, bargained and sold to Grantee, and hereby transfers and conveys to Grantee and Grantee's successors, heirs and /or assigns forever, the following described property, to wit: Lot 12 less the East North 22.59 Feet of AMENDED PLAT OF PALM to the Plat thereof; at Page 37, of the Dade County, Florida e 101 feet thereof and the Lot 18, in Block 6, of MIAMI HEIGHTS, according recorded in Plat Book 25, Public Records of Miami- The East M of Tract 6, less the East 101 Feet thereof and less the South 125 feet thereof, of REVISED PLAT OF A PORTION OF THE AMENDED PLAT OF PALM MIAMI HEIGHTS, as recorded in Plat Book 43, at Page 37, of the Public Records of Miami -Dade County, Florida (collectively, the "Property"). SUBJECT TO: 1.Taxes for the year 2004 and subsequent years. ce 2.Conditions, restrictions, agreements, covenants, requirements, limitations and easements of record, if any, but without intent to reimpose same. 3.Zoning ordinances and other restrictions, requirements and prohibitions imposed by applicable governmental authorities. 4. An irrevocable license in favor of Garrett Van Smith to exclusively use that portion of the Property consisting of the existing improvements and a ten (10) foot area surrounding such existing improvements for his residence, such area being graphically depicted on the survey attached hereto and a part hereof, as Exhibit "A ", and an irrevocable license in favor of Garrett Van Smith to non - exclusively use all other portions of the Property for purposes of ingress, egress and maintenance. Such irrevocable licenses shall not terminate during the lifetime of Garrett Van Smith unless they are earlier voluntarily relinquished in writing or abandoned by Garrett Van Smith To have and to hold the same in fee simple forever. Grantor warrants the title to the property to Grantee and Grantee's heirs, successors, and assigns, against every person lawfully claiming the property, or any part thereof, by, through, or under the Grantor, but not otherwise. IN WITNESS WHEREOF, Grantor has signed and sealed these presents on the day and year first above written. Signed, sealed and delivered in our presence: [Print 6d Name of Witness] [Printed game of Witness] 91, "Z Garrett Van Smith, individually and as Co- Trustee under that certain Declaration of Trust dated March 15, 1968 STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI -DADE } The foregoing instrument was acknowledged cZ( day of December, 2004, by Garrett Van personally known to me or has produced as identification. My Commission Expires: [Printed Name of Witness] (Printed Name of itness] STATE OF FLORIDA ) )SS: COUNTY OF MIAMI -DADE ) before me this Smith, who is Notary�Ptlblic, State of Florida Stephen D Pearson ?.4 •lx .: MYCOMMISSION# DD024913 EXPIRES (NOTARIAL SEAL) Sep m r tebe 1, 2005 4f` �,,` RQNDEN iNKVtk*yPAfNINSDRANCLINC. and as Ti- Trustee under that certain Declaration of Trust dated March 15, 1968 The foregoing instrument was acknowledged before me this { day of December, 2004, by Antony Van Smith, who is personally known to me or has produced as iden�ti —3- tion. My Commission Expires: Notary Public, State of Florida (NOTARIAL SEAL) 3 Stephen D. Pearson .`� MYCOMMISSION# DD024913 EXPIRES September i, 2005 "A� �� 00NDEDTNRVTR0YfA1N'1NSURANCE INC �.1�r:,So . (Printed Name of Witness] [Printed Name f Witness] STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI -DADE ) William Van Smith, Individually The foregoing instrument was acknowledged before me this day of December, 2004, by William Van Smith, who is personally known to me or has produced as identification. Notary Public, State of Florida My Commission Expires: E (NOTARIAL SEAL) N%rWs, Stephen D. Pearson E MYCOMMISSION# DD024915 EXPIRES a, September t, 2005 SONDEDTHRU TROY FAIN INSURANCE, INC. �-o: - -r I I-rl" [Printed Nam of Witness] STATE OF FLORIDA ) COUNTY OF �` SS: )�{ %!•Y /Ujj Il�t� ) Parris Van Smith, Individually The foregoing instrument was acknowledged before me this day of December, 2004, by Parris Van Smith, who is personally known to me or has produced as identification. Notary Public, State of Florida My Commission Expires: e SrePhen D. Pearson ,r NIYCOMMIISStON# WMA913 EVIRES K: September i, 2005 "r+ ••• • W' BoH%0rHW1MR �fNNiNSUMN"INr '' (NOTARIAL SEAL) Stephen O PI?(teso" s{i Z MY 3 EX o �� XUNUtO (irkW.:... m:. M9URANCF I4F Joinder on Deed In consideration of Ten and no /100 Dollars, and other good and valuable consideration, the City of South Miami, a political subdivision of the State of Florida, hereby joins on this Deed to acknowledge its consent and agreement to the license granted to Garrett Van Smith as more particularly described herein. Wi [Printed Name Witness] [Printed N e o Witness] STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI -DADE ) City of South Miami, a political subdivision of the State of Florida The foregoing instrument was acknowled ed before me this day of December, 2004, by _771&244 /�3k4z ¢ ) as the Authorized Agent of the City of South Miami, and he /she acknowledged before me that his /her actions were duly authorized and are binding on the City of South Miami. He /she is personally known to me or has produced as identification. My Commission Expires: 435 -2.302 Notary Public, State of Florid�l (NOTARIAL SEAL) .J''" MARIAM.MENENDSZ S MY CCMMIS810N M 00271979 ;tlyt'F" WIRES: March 16,2= UOJa.'4NOTARY r�. Nmay oiscouMASSOC. CO. I O W m, 3!'tN3hV 4x9 M'S x Wfi > 1 CU FwO I 6 G 4 U ffz� � I �`4�.•. [Z[9g.H RI F iu �.N OQ i w t� wppN N O ZF FU I. OF ION J 5 n: O pNNW� 55mry b4 si Ln zH .M'.£4A }ef3 2pfi. .. H/7N3/iV 9)69 M'S o rl;F O �v U ac �'zo rcu. sa5� KM M WB § W w Oz z� O � .) cars ,..roar eAtre W . x OF Ow & F ��a['�'�¢��j z O f a <°u' w � z�a 111{{1 °�..•Vyp rFT$� 51 ¢}S,, iu 2oji .. i$ i ti Sl _5 ; ^ W gN .m;nU g,,LbYII 5 ifl �SCUZ m W¢ 9i As'eI G. (WYNI.L929A jN This Instrument Prepared by and Return to: Stephen D. Pearson, Esq. 12401 South Dixie Highway Pinecrest, Florida 33156 AFFIDAVIT OF TRUSTEES Before me, the undersigned authority, Garrett Van Smith and ;inEony Van Smith a/k/ as Successor Co- Trustees under that:dertair dated March 15, 1968 and recorded. ; .11, in Offici Page 450, of the Public Records 6f.miaml-r a, who being by me first duly sworn, on,b I t h, `'! lr![il 11111 Illfl 1[111 flllf llPll [II[[ Ilif fill OR R-k 22928 Nfs 1814• - 18161 Qpss� RECORDED 12121/2104 15:36.-D9 HARVEY. RUVIN? CLERK OF COURT MIAMI' -DARE COUNTYY FLORIDA �,Trust 6161, - -I u, that: 1) They are the sole trustees of the trust created.by.that certain Declaration of Trust dated March 15, 1968 executed by Howard Van Smith a/k/a Howard Vansmith and Anne Van Smi�th_a/k/a Anne Vansmith for the use and benefit of'Howard Van'*,Smith,a/k/a Howard Vansmith, Anne Van Smith a/k/a.Anne vansmith,.1,0&rrett Van Smith a/k/a Garrett Vansmith. Antony Vail Smith ' Vansmith, Parris van Smith a/k/a Parris Vansmith;ihd?'Wiliiam Van Smith a/k/a William Vansmith as beneficiarie'p.i i,i and . t 6 6orae'd in : Official Records Boo], 6161, PageASO,:of the Pibl i Reco' - r A s of Miami-Dade County, Florida (the "Trust"). 2. Howard van Smith a/k/a Howard'N ih ansmith: a/k/a Anne Vansmith are deceased .::and, pursuant, of the Trust, Garrett Van Smith a/k/a.Oark6tCt an Smith a/k/a Anthony Van Smith and Anthon'y Va'n it h a/k/a Parris Vansmith and William Van i Smit Vansmith are today the sole benet'idiarlos Of"!, the Trust 3) The Trust has been in continuous existence';-s�ince..'.le J date of !�'. " "..' its formation through the date of ekeciition.'�6fth i6 .1 a.ff idavit. 4) Pursuant to that certain Amended Orde c6ssor Co-Trustees entered in In 4 n Van Smith - Declaration of Tr_dst: Dated ':M-%rc Division File No. 01-5104/DiVisilo'n '', 4;,lv a Records Book 20435, Page 3630, of"the Pu Dade County, Florida, Garrett Van Smit are the Successor Trustees of the Trust '.w;ithl. A i"- 'Tkustees all oWe under the Trust. 5) Garrett Van Smith and Antony,van smfthl a8t,.SuddiEigsbr Co- Trustees under the Trust are the .owners '.,of c .1 -Dade County, F drida;_as moreP"&rEt'1"&J situate in Miami .44.��p:�qperty described on Exhibit "All attached hereto (th6',',,'Vr�6p#ftyf) 5) Under the terms of Article V11 8P :th6 T 14st'i t 1 61 bs jointly have power and authority to sell, convey erwise ' owned by them as Trustees. rLL�. yen,(rc:�vy deal with Trust Property and no other Trustee orb 00 6} Garrett Van Smith is a single man, r resides on the Trust property.:U, FURTHER AFFIANTS SAYETI3 NAUGET • `� S ,1 t , `V( Garrett : Van 9tttith, as ('fl Trustee;under st ,certain Declaratio1968 r h Antony . an Smit a, as Trustee under that c dateId Declaratio1968 March 15, STATE OF FLORIDA SS: MIAMI-DADE) ed before me this COUNTY OF M ackxiowledg who is The foregoing instrument waGarrett Van Smith, _ day of December., 2004, by... has produced nat..take an oath:. known to me or and who did ems -1"$eYitif ication; 'Notar public, State of Florida wit '�. Stephen �} Pearson ; s MYCOMMI5SI6NN Of444f3 EXPIRES September 1 200.5 ion Expires: (NOTARIAL SEAL) �affi¢ PN0E0 M2 RPY FAMINSURP C6INC My Commissy, STATE OF FLORIDA ) SSi E �, COUNTY OF MIAMI °DADE) ed before me °hxs oing instrument .was acknowledg, The £oreg Antony Van-, 21 day of December, o00has produced take an:dath re sonall known to me and who did not as i enti ication, State NT o£ Florid Not�ublici. fires : „ (NbTARIAL SEAL') � 4 Staphanp Nal0h My Commission Exp AiSCOM?A155(Ofj9,i tltmz4vt EzaiREl September t ZOOS ik9rtyd:• eoNDEO 'IfiN7AC+YfAiNINSUpAN4EU75 435-2.305 ot; E-K -27281 Rq t- a'"-eS`R' PAGE ' EXI3IBIT "A" PLAT 8 in Block 6. of Lot 12 less the East RE1GHTS, according to the Piat�A ereof, recorded Feet o in Plat Book 5, at Page 37, of tie Public OF PALM MIAMI Records or Miami -Dade County, Florida AND less the East . 10 The East ''/2 of Tr ct A PORTION OFITI3E tAMENDED PL AT .OF PALM feet MIAMI thereof EIGHTS, REVISED PL as recorded in Plat Book 43, at Pale 37, of the PuUtic Records of Miami -Dade County, Flonda. s a r -e., i rr rsf �ti 435 -2.20I s d. This Instrument Prepared by and Return to: Stephen D. Pearson, Esq. 12401 South Dixie Highway Pinecrest, Florida 33156 Grant of License OR 2k 2242E Pss '1817: = Fslai Qp 1/20 RECORD TAXY0.600 F5'36:a)q SURTAX 0.45 HARVEY RUVItdt.CL.1RY,'OP COURT nlANI -OADE COUNTYi.FLORIDA This Grant of License is made this ) day of December, 2004 by the City of South Miami, a political subdivision of the State of Florida, whose post office address is 6130 Sunset. Drive, South Miami, FL 33143, ( "Licensor ") in favor of Garrett Van Smith, an individual, whose' address is 7800 SW 59 Avenue, South Miami, FL 33143 ( "Licensee "), W ITNESSETH: WHEREAS, Licensor is the owner of certain property legally described as: The East I01 feet of Lot 12, in Block 6, of AMENDED PLAT OF PALM MIAMI HEIGHTS, according to the Plat thereof; recorded in Plat Book 25, at Page 37, of the Public Records of Miami -Dade County, Florida AND The .East 101 Feet of the East %2 of Tract 6, less the South 125 feet thereof, of REVISED, PLAT OF A PORTION OF THE AMENDED PLAT OF PALM MIAMI HEIGHTS, as recorded in Plat Book 43, at Page 37, of the Public Records of Miami -Dade County, Florida (the "Property "); and WHEREAS, Licensor has agreed to grant an irrevocable license to Licensee to use the Property as more particularly described herein. NOW, THEREFORE, in consideration of Teti and No /100 Dollars ($I0 04) arid. other good and valuable consideration from Licensee to Licensor; the receipt and suictency.of'wirich is hereby' acknowledged; Licensor hereby grants an irrevocable, nohexclusive,license to Licensee over and across the Property for the following reasons and purposes: A. For ingress and egress to and from the following described property: Lot 12 less the East 101 feet thereof and the North 22.59 Feet of Lot 18, in Block 6; of AMENDED PLAT OF PALM MIAMI HEIGHTS, according to the Plat thereof; .. recorded in Plat Book 25, at Page 37, of the Public Florida Records of Miami -Dade County; AND OR BK 22928 PG 1918 LASj- PAGE The East Yz of Tract 6, less the East 101 Feet thereof and less the South 125 feet thereof, of REVISED PLAT OF A PORTION OF THE AMENDED PLAT OF PALM MIAMI HEIGHTS, as recorded in Plat Book 43, at Page 37, of the Public Records of Miami -Dade County, Florida; and B. For maintenance of the Property. Licensor acknowledges and agrees that the said license will be irrevocable and shall not terminate during the lifetime of Garrett Van Smith unless it is earlier voluntarily relinquished in writing or abandoned by Garrett Van Smith, IN WITNES WHEREOF, Licensor has caused this Grant of License to be duly executed and delivered by its authorized agent this 2A_ day of December, 2004. Witn 2, [Printed Name of Witness] [Printed NaMe of i STATE OF FLORIDA COUNTY OF MIAMI -DADE ) City of South Miami, a political subdivision of the State of Florida By: Au�%Xth o r i z e Agent ) SS: f�.The foregoing instrument was acknowledge ,before day of December, 2004, by . 221aiv;a Authorized Agent of the City of South Miami, and he /'s acknowledged before me that his /her actions were duly' and are binding on the City of South Miami. He /she is known to me or has produced as identification. me this as the ie authorized,. personally . Not,,Elry Public, State of Florida My Commission Expires: (NOTARIAL SEAL) �A�p��,�Yqft[�g[zYf MARIA M. MENENpEZ 435-2.307 two N MY COMMISSION# DD271979 EXPIRES: March 16, 2006 1-80P3�NOTARY RWWYM @mumA =Co. ORDINANCE NO. 07 -05 -1829 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO VAN SMITH PARK LOAN; AUTHORIZING THE CITY MANAGER TO CLOSE ON THE TERMS OF AN ARRANGEMENT FOR A 7 -YEAR MORTGAGE IN AN AMOUNT NOT EXCEEDING $567,366.50 PLUS LOAN FEE WITH SUNTRUST BANK, UTILIZING FUNDS FROM THE CITY GENERAL FUND BUDGET TO REPAY THE LOAN ANNUALLY; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, on December 7, 2004, the City Commission approved resolution number 190 -04 -11967 authorizing the acquisition of the Van Smith property located at 7800 SW 59`h Avenue to be used as passive park by the City; and WHEREAS, payment for the property acquisition was made out of various budget accounts in order to expedite the closing for tax purposes before the end of the year; and WHEREAS, the City Commission approved resolution number 15 -05 -11994 on February 1, 2005, authorizing the City Manager to negotiate a loan in the amount of the acquisition to reimburse the various budget accounts used to pay for the purchase; and WHEREAS, the City Administration has received proposals from four different banks namely as follows: Bank of America Suntrust Bank Wachovia Bank First National Bank of South Miami WHEREAS, Suntrust Bank offers the best competitive rate. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. That the City Commission hereby authorizes the City Manager to submit the City application to the Suntrust Bank and close on the terms of a 7 -year mortgage in an amount not exceeding $567,366.50 plus loan fee to reimburse the various budget accounts used for acquisition of the Van Smith park property. Section 2. That funds to repay the loan will be made as part of the annual City general fund budget. Pg. 2 of Ord. No. 07 -05 -1$29 Section 3. That this ordinance shall take effect immediately upon approval. PASSED AND ADOPTED this _. day of _ (� 2005. ATTEST: X CLERK JAMy Documents \resolutions \Ordinance vansmithparkloan.doc APPROVED: / r __..[U Ist Reading - 03/15/05 2nd Reading -04 /04/05 COMMISSION VOTE: 5 -0 Mayor Russell: Yea Vice Mayor Palmer: Yea Commissioner Wiscombe: Yea Commissioner $irks- Cooper: Yea Commissioner Sherar: Yea CITY OF SOUTH MIAMI V INTER-OFFICE MEMORANDUM To: Mayor and City Commission From: Maria V. Davis City Manpger , Date: April 4, 2005 /C" AGENDA ITEM # Re: Commission me&ing March 15, 2005 Van Smith Park Loan for $567,366.50 a Plus Loan Fee Ordinance AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO VAN SMITH PARK LOAN; AUTHORIZING THE CITY MANAGER TO CLOSE ON THE TERMS OF AN ARRANGEMENT FOR A 7 -YEAR MORTGAGE IN AN AMOUNT NOT EXCEEDING $567,366.50 PLUS LOAN FEE WITH SUNTRUST BANK, UTILIZING FUNDS FROM THE CITY GENERAL FUND BUDGET TO REPAY THE LOAN ANNUALLY; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. BACKGROUND On December 7, 2004, the City Commission approved resolution number 190 -04 -11969 to authorize purchase of the remaining two -third (213) of Van Smith Park property. Closing on the property was done in December 2004, at which time funds were temporarily transferred from several general fund budget accounts to make the payment, in order to expedite the process and avoid additional taxes of over $20,000 that the City would have incurred if the closing had been delayed to 2005. Later, on February 1, 2005 resolution number 15 -05 -11994 was approved by the City Commission to authorize the City Manager to obtain a loan from any reputable bank that offers the best interest rates to repay the general fund budget accounts. The attached resolution is requesting your authorization to close on a loan in the amount of $567,366.50 plus applicable loan transaction fee to complete the funding transaction for acquisition of the referenced property. In compliance with February 1, 2005 resolution number 15- 05- 11994, the City Administration solicited and received proposals from several banks as shown below for various loan terms: 7 — YEAR TERM WITH NO PREPAYMENT PENALTY BANK NAME RATE Bank of America NO OFFER Suntrust 3.95% Wachovia 4.35% First National Bank of S. Miami 6.0% 7 — YEAR TERM WITH PREPAYMENT PENALTY BANK NAME RATE Bank of America 3.98% Suntrust 3.70% Wachovia 4.07% First National Bank of S. Miami NO OFFER 10 — YEAR TERM WITH NO PREPAYMENT PENALTY BANK NAME RATE Bank of America NO OFFER Suntrust 4.15% Wachovia 4.48% First National Bank of S. Miami NO OFFER 10 — YEAR TERM WITH PREPAYMENT PENALTY I' �!, .• a �--- Bank of America 4.26% Suntrust 3.90% Wachovia 4.15% First National Bank of S. Miami NO OFFER 15 — YEAR TERM WITH NO PREPAYMENT PENALTY SANK NAME RATE Bank of America NO OFFER Suntrust Wachovia 4.78% First National Bank of S. Miami NO OFFER 15 — YEAR TERM WITH PREPAYMENT PENALTY BANK NAME RATE Bank of America NO OFFER Suntrust Wachovia 4.37% First National Bank of S. Miami NO OFFER Funds to repay the loan will be pat of the general fund annual budget using account number 001- 2100 -519 -9926 titled "Debt Service — Van Smith Park". RECOMMENl3ATIOIV Based on the above information, I am recommending that we close with Suntrust Bank on the 7- year loan term with no repayment penalty clause. This will be at 3.95% interest rate. 0 LLI ca I N H.§ 01H HIM 0 (0 N L3 x a N VI E 0S WO 0 �i Cm 0 (D a5 0 0 0a Q 'g -2 E N o` > 0 2 t m mo E 06,w 6 - w t c E 0 D 6 - z Eg 19 (D -2 L� (0 a 0 W . "1 mn 0 cc v c w 0 co) g 8P x LO .0 t6 C) c % • i v -- 2 E IV -a 0 z o COW CD 8 0 5: 0 a 9, I 4 60 L 15 ? E N 00 > o 0 w a 0 R-'. g 0 0 0 0 s! 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