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Res. No. 029-04-11808RESOLUTION NO.29-04-11808 A RESOLUTION OFTHEMAYORANDCITY COMMISSION OF THE CITYOF SOUTH MIAMI,FLORIDA,RELATING TO HAMMOCK HOUSE PROPERTY,AUTHORIZING THECITY MANAGER TOPAY 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,theCityacquiredonethird(1/3)of theVanSmithpropertylocatedat7800 SW 59th Avenue in July 2003 to be used as a passive park;and WHEREAS,aspart of thesalesagreementtheCityhastheoptiontoacquirethe remainingtwothird of thepropertybefore2005;and WHEREAS,forthis exclusive option to purchase the property the City is responsible to paytheannualrealestatetaxontheproperty;and WHEREAS,thetotalreal estate taxdueonthesaid property for2003is $6,631.00.if paidbeforetheend of February2004. NOW.THEREFORE,BE IT RESOLVED BY THE MAYOR AND CUT COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1.ThattheCityManagerisherebyauthorizedtopayMiamiDadeCountyTax Collectorupto$7,000.00as2003realestatetaxpayment on thepropertylocatedat7800SW 59,h Avenue. Section 2.That this resolution shall take effect immediately upon approval. PASSED AND ADOPTED this /7 day of ^c,6 2004. ATTEST:APPROVED: (^JO—Q^Q^}^ CITY CLERK READ AND APPROVED AS TO FORM: /<^.<^U// CITY ATTORNEY Vote of the Commission: Mayor Russell: Vice Mayor Palmer: Commissioner Wiscombe: Commissioner Birts-Cooper: Commissioner Sherar: 4-1 Yea Nay Yea Yea Yea CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To:Mayor and City Commission Date:February 17,2004 From:MariaV.Davis ///}r J //*>>~AGENDAITEM#5" City Manager fl**^f/%M^«J Re:Commission meeting February 17,2004 Payment of property taxon Van Smith Property (Hammock House) RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATINGTO HAMMOCK HOUSE PROPERTY, AUTHORIZING THE CITY MANAGER TO PAY THE 2003 REAL ESTATE TAX NOT EXCEEDING $7,000.00 TOMIAMIDADETAX COLLECTOR ON THE VAN SMITH PROPERTY;CHARGINGTHEPAYMENTTO ACCOUNT NUMBER 001- 2100-519-9920,TITLEDGENERALCONTINGENCY;ANDPROVIDINGAN EFFECTIVE DATE. BACKGROUND The attached resolution is requesting your authorization fortheCity Manager topay Miami- Dade County Tax Collector an amount not exceeding $7,000.00 asthe 2003 real estate tax payment on the Hammock House property located at 7800 SW 59th Avenue. In July 2003,the City acquired one third (1/3)of the Van Smith property located at 7800 SW 59th 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 ifpaidbeforetheendof 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,orif we should re-plat itto allow for two separate buildings.I will bring a resolution for your approval in the very near future to complete the transaction onewayortheother. Funds to pay for the bill will be charged to 001-2100-519-9920 titled General Fund Contingency, whichcurrentlyhasabalance of $45,900.00. RECOMMENDATION Approvalisrecommended. Miami-Dade County.Real Estate Tax Information Page 1 of 1 Real Estate Tax Information Show Me: IPropertyTaxesj Search By: jSelect Item i 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 ©2002 Miami-Dade County. All rights reserved. 2003 Taxes TaxToday's Date:02/06/2004 Last Update:01/29/2004 ™.20Q Folio Number:09 40360390020 SOUTH MIAMI Owner's Name:GARRETT VAN SMITH & Property Address:7800 SW 59 AVE Total Value :272068 Exemptions :HOMESTEAD Gross Total Taxes: Ad Valorem Total Gross: Millage Code:0900 25000 6697.89 6697.89 Amounts due: (Delinquent after March31,unless a special discount isin effect) If Received or Amount Postmarked by Due 02/28/2004 6630.91 1%DISCOUNT 03/31/2004 6697.89 0%DISCOUNT Amounts due are subject to change without notice. Conta P mia (30 Dow 140 Mia Sout 1071 Mia Of 8:30 Rel T Prop Florid R PropertyTaxHome|Real Estate TaxInfo|2003 Taxes |Prior Years |2003Non-Ad 2003Back Assessments |2003 Enterprise Folio|2003Historical Abatements |2004Quarte Miami-Dade Home|UsingOurSite|About|PhoneDirectory|Privacy|Disclai E-mailyour comments,questions and suggestions to Webmaster http://egvsys.miamidade.gov:1608/wwwserv/ggvt/txcaw02.dia?folio=0940360390020 2/6/04 Geobgb J.Lott Michael D.Levinb (1953-1993) October 21,2003 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive South Miami,Florida 33143 Lott 5c Levine ATTORNEYS AT LAW dadeland centre,suite ioi4 9155 so.dadeland boulevard Miami,Florida 33156 TELEPHONE (305)670-0700 FAX 005)670-0701 RE:Van Smith Property Dear Mr.Oshikoya: 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 aclosingon the east 1/3 of the property byonor before July1,2003.While the closing was dated as of June 30,2003,the transaction actually occurred onJuly1, 2003.Based on the closing date of July 1,2003,the City has until June 30,2004 touseitsgoodfaith best efforts to aJlow (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 ofplat 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 trulV/VBurs, LOTT GJL:amj fllllllllill ThisInstrumentPreparedby and Return to: StephenD.Pearson,Esq. 12401SouthDixieHighway Pinecrest,Florida 33156 Parcel I.D.No.: Portion of 09-40-36-0390020 CFN 2003R0513089 OR Bk 21460 Pas 1154 -1158?(SpssJ RECORDED 07/25/2003 15:32:21 DEEDDOCTAX 1f6BQ.00 SURTAX If260.00 HARVEY RUVINr CLERK OF COURT MAI1I-DADE COUNTYr FLORIDA 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 SW 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 andinconsiderationofthesum 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, andhereby transfers and conveys toGranteeand Grantee's successors,heirs and/or assigns forever,the following described property,towit: TheEast101feetof Lot 12,inBlock 6,of AMENDEDPLATOFPALM MIAMI HEIGHTS,according tothe Plat thereof;recorded in Plat Book 25, at Page 37,of the Public Records of Miami- Dade County,Florida AND \ The East lOi Feet of the East H of Tract 6,less the South125feet thereof,ofREVISEDPLATOFAPORTIONOF THE AMENDED PLATOFPALMMIAMIHEIGHTS,as recorded in Plat Book 43,atPage 37,ofthe Public Records of Miami-Dade County,Florida. SUBJECT TO: 1.Taxes for the year 2003 and subsequent years. b 2.Conditions,restrictions,agreements,covenants, requirements,limitations and easements of record,if any,butwithoutintentto reimpose same. 3.Zoning ordinances and other restrictions,requirements andprohibitionsimposedbyapplicablegovernmental authorities. To have and to hold thesameinfeesimpleforever. GrantorwarrantsthetitletothepropertytoGranteeand Grantee's heirs,successors,and assigns,against every person lawfully claiming the property,orany 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: ~6*v;*>*m^hS^.Q [Printed Name of Witness] [Printed /Tame of Witness] STATE OF FLORIDA ) ):SS: COUNTY OF MIAMI-DADE )' GarrettVanSmith,Individually and as Co-Trustee under that certain Declaration of Trust dated March 15,1968 The foregoing instrument was acknowledged before me this l dayof Junfe*/2003,by Garrett VanSmith,who is personally known tomeor has produced ' as iaent:ineat ion,and who did not take an oath. Notary Public,State of Florida My Commission Expires: (NOTARIAL SEAL) *»:&'?&%.Stephen D.PearsonM^WOawSn**DD024913 EXPIRES Sf>ykwiX (J^r-J*^ [Printed Name of Witness] fitefc.3^Lrrl<^ [Printed Name fof Witness] STATE OF FLORIDA ) )SS: COUNTY OF MIAMI-DADE ) Antony (gain Smith,Individually and as Co-Trustee under that certain Declaration of Trust dated March 15,1968 /Theforegoinginstrumentwas acknowledged before methis day of -Ju^/2003,by Antony Van Smith,who is personally known to me_or has produced as identification,and who didvnot take an oath. My Commission Expires: .*«»Mt< :*:••*£ Notary ^Public,State of.Florida Stephen a Pearson MISSION*DD0?4913 EXPIRES (NOTARIAL SEAL) ^S?!R^bonded :F SsktfknSb {£<!AWoK [Printed Name of Witness] JWLU.vC William Van Smith,Individually [Printed Name of Witness] STATE OF FLORIDA ) )SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged beforeme this oQ 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) Stephen ttfleoison &soft#mn&m September 1,2005 y TPrinted frame of Witness] [Printed Name of/Witness] .eto^ OR BK 21460 PG 115; LAST PAGE Parris Van Smith,Individually STATE OF FLORIDA ) COUNTYOF ^e^>Oq\€—) ^_The foregoing instrument was acknowledged beforeme this ~2\i day of June,2003,by Parris Van Smith,^who is personally known to me or has produced "N/ol\\<L vVnCttp W as identification,and who did not take an oath. Florida My Commission Expires:H'VtrO^ 5**#CC836fifl'»••£ ^^ 435-1.302 (American Land Title Association Owner's Policy -10-17-92)(With Florida Modifications) <mni miiwiminmwiH niuuimmmiiiu.il OWNER'S TITLE INSURANCE POLICY Attorneys'Title Insurance Fund,Inc. ORLANDO,FLORIDA SUBJECT TO THE EXCLUSIONSFROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B ANDTHE CONDITIONS AND STIPU LATIONS,ATTORNEYS'TITLE INSURANCE FUND,INC.,aFlorida corporation, herein called The Fund,insures,as ofDate ofPolicyshownin Schedule A,against loss or damage,not exceeding the Amount of Insurance stated in Schedule A,sustained or incurred by the insured by reason of: 1.Tide 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 tide; 3.Unmarketability of the tide; 4.Lack of a right of accessto and from the land. The Fund willalsopay the costs,attorneys'fees and expenses incurred in defense of the tide,as insured,but onlyto the extent provided in the Conditions and Stipula tions. In Witness Whereof ATTORNEYS'TITLE INSURANCE FUND,INC.has caused this policytobesigned and sealedas of Date of Policy shownin Schedule A,thepolicyto become valid when countersigned by an authorized signatory. /£/£*r0*>v&Attorneys'Tide Insurance Fund,Inc. I*/••-\b5 WHHWH*By Charles J.Kovalesld President SERIAL opm-2189539 ««JBBljaiWW.>^*WiUM^W»iMH«*«MIJJ«UH^ FUNDFORMOPM(rev.3/98) eJ FUND OWNERS FORM SCHEDULEA Policy No.:Effective Date:Agent's File Reference: OPM-2189539 July25,2003 435-1 at11:00p.m. Amount of Insurance:$280,000.00 1.Name ofInsured: City of South Miami 2.The estate or interest in the land described herein and which is covered by this policy isa fee simple (if other,specifysame)andisatthe effective date hereofvestedinthenamed insured, as shown by instrument recorded in OflQcial Records Book21460,Page 1154,ofthe Public Records ofMiami-DadeCounty,Florida. 3.Thelandreferredtointhispolicyisdescribedasfollows: See Exhibit "X"attached hereto I,theundersignedagent,herebycertify that othetransactioninsuredhereinisgovernedby RESPA,XYesNo o if Yes,totheabove,Ihaveperformedall"coretitleagentsservices."XYes'No StephenD.Pearsoa Esq.12499 ISSUING AGENT -ATTORNEY AGENT NO.AGENT*S SIGNATURE OR FIRM OF ATTORNEYS JkZh£. rENT*S SIC 12401 South Dixie Highway •Pinecrest.Florida 33156 Mailing Address City&State Zip 435-1.203 Fund OPM ..••'i'.>''f:VJ$! ,FUND OWNER'S FORM SCHEDULE B 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 andlittoral rights arenot insured. 3.Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands msured hereunder,including submerged,filled,and artificially exposed lands and lands accreted to such lands. 4.Any lien provided by County Ordinance or Chapter 159 of the Florida Statutes in fevor 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 Uen for waste fees in favor ofanv countyor municipality.J 5.Easements,conditions,reservations,restrictions and other matters contained in the Plat of Amended Plat of Palm Miami 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 aPortion of the Amended Plat of Palm Miami Heights,according to the Plat thereof;as recorded in Plat Book 43,at Page 37. 7.Reservations recorded inDeed Book 2269,Page 483. 8.Charter ofthe City ofSouth Miami Amendments to the Articles recorded in Official Records Book 10217,Page 994. All recording references are to the Public Records ofMiami-Dade County,Florida. Fund OPM 435-1.203 Exhibit "X" OPM-2189539 The East 101 feet of Lot 12,in Block 6,of AMENDED PLATOFPALM MIAMI HEIGHTS,according tothe 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 M of Tract 6,less the South125feet thereof,ofREVISEDPLATOFAPORTIONOF THE AMENDED PLAT OFPALMMIAMIHEIGHTS,as recorded in Plat Book 43,atPage 37,ofthePublic Records of Miami-Dade County,Florida. .-7 pursue any litigation to final determination by a court of :^-tent jurisdiction and expressly reserves the right,in its sole ..scretJon,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 ofany action or proceeding,the insured shall secure toThe Fund the right toso prosecute or provide defense in the action or proceeding,and all appeals therein,and permitTheFundtouse,atitsoption,thenameoftheinsuredforthis purpose.Whenever requestedbyTheFund,theinsured,atTheFund's expense,shall give The Fund all reasonable aid (i)in*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 desirabletoestablishthetitletotheestateor interest as insured.IfTheFundis prejudiced bythe failure oftheinsuredto furnish the required cooperation,The Fund's obligations tothe insured under the policy shall terminate,including any liability or obligation todefend,prosecute,orcontinue any litigation,with regard tothe matter or matters requiring such cooperation. 5.Proofof Loss or Damage In addition toandafterthe notices required under Section 3of these Conditions and Stipulations have been provided The Fund,a proof of loss or damage signedand sworn tobytheinsured claimant shallbe furnished toTheFundwithin90 days aftertheinsuredclaimantshall ascertain the facts giving rise tothe loss or damage.Theproofof loss ordamageshalldescribethedefectin,or lien or encumbrance onthe title,orothermatter insured against bythis policy which constitutes the basis ofloss or damage and shall state,tothe extent possible,the basis of calculating theamountofthe loss or damage.IfTheFundis prejudiced by the failure ofthe insured claimant to provide the required proofof loss or damage,The Fund's obligations tothe insured under the policy shall terminate,including any liability or obligation to defend,prosecute,or continue any litigation,with regard tothe matter or matters requiring such proofof loss or damage. In addition,theinsuredclaimant may reasonably berequiredtosubmit to examination underoathbyanyauthorized representative ofThe Fund and shall produce for examination,inspection and copying,at such reasonable times and places as may be designated by any autho rized representative ofThe Fund,all records,books,ledgers,checks, correspondence andmemoranda,whetherbearingadatebeforeor after Date of policy,which reasonably pertain tothe loss or damage. Further,ifrequestedbyanyauthorizedrepresentativeofTheFund,the insured claimant shallgrantits permission,in writing,foranyautho rized representative ofTheFundto examine,inspectandcopyall records,books,ledgers,checks,correspondenceandmemorandain the custody or control ofathird party,which reasonably pertain to the loss or damage.All information designated as confidential bythe insuredclaimantprovidedtoTheFundpursuanttothisSectionshall not be disclosed toothers unless,inthereasonablejudgmentofThe Fund,itis necessary inthe administration ofthe claim*.Failure ofthe insured claimant tosubmitfor examination underoath,produceother reasonably requested informationorgrant permission tosecurerea sonably necessary informationfromthirdpartiesasrequiredinthis paragraph shall terminateanyliability ofTheFundunderthispolicy as to that claim. 6.Options To Pay or Otherwise Settle Claims;Termination of Liability Incaseofaclaim under thispolicy,TheFundshallhavethe following additionaloptions:'. (a)ToPayor Tender Payment of die Amount of Insurance. Topay or tender payment oftheamount ofinsurance underthis policy together with any costs,attorneys'fees and expenses incurred bythe insured claimant,which wereauthorized byTheFund,uptothetime ofpayment ortenderof payment and which TheFundis obligated to pay. Upon theexercise by The Fund of this option,all liability and obliga tions totheinsured underthispolicy,otherthanto make the payment required,shall terminate,including any liability or obligation to defend,prosecute,or continue any litigation,andthe policy shall be surrendered to The Fund for cancellation. (b)ToPayor Otherwise SettleWith Parties Other thanthe Insured or With the Insured Claimant (i)topayor otherwise settle with otherpartiesfororinthe name ofaninsuredclaimantany claim insured against underthis policy,together with any costs,attorneys'fees and expenses incurred by the insured claimant which were authorized by ThtFund up to the .time ofpayment and which The Fund is obligated to pay;or (ii).topayor otherwise settlewith theinsured claimant the loss or damage provided for under this policy,together with any costs, attorneys'fees and expenses incurredbythe insured claimant which were authorized by TheFund uptothetime ofpayment and which The Fundisobligatedtopay. Upon the exercise by The Fund ofeither ofthe options provided for in paragraphs (b)(i)or(ii),TheFund'sobligations tothe insured under this policy for the claimed loss or damage,other than the payments required to be made,shall terminate,including any liability orobliga tion to defend,prosecute or continue any litigation. 7.Determination,Extent of Liability and Coinsurance This policy is a contract ofindemnity against actual monetary loss or damage sustained orincurredbythe insured claimant who has suffered loss ordamage by reason ofmatters insured against by this policy and onlyto the extent herein described. (a)The liability ofThe Fund underthis policy shall notexceed the least of: (i)theAmount ofinsurance statedin Schedule A;or, (ii)thedifferencebetweenthevalueoftheinsuredestateor interest as insured and the value ofthe insured estate orinterest subject to the defect,lien or encumbrance insured against by this policy. (b)(Thisparagraphdealingi^&imurancewasrwnmiedfmmFUn^ policies.) (c)The Fund will pay only those costs,attorneys'fees and expenses incurred in accordance with Section 4ofthese Conditions and Stipu lations 8.Apportionment If the land described in Schedule A consists of two or more parcels which are notused as a single site,and aloss is established affecting one or more oftheparcels butnot all,the loss shall becomputed andsettled onapro rata basis as ifthe amount ofinsurance underthis policy was divided pro rata as to the value onDate ofPolicy ofeach separate parcel tothe whole,exclusive of any improvements made subsequent to Date ofPolicy,unless a liability or value has otherwise been agreed upon as toeachparcelby The Fund and the insured atthetimeoftheissuance of this policy and shown byan express statement or by an endorsement attachedtothispolicy. 9.LimitationofLiability (a)IfThe Fund establishes the title,or removes thealleged defect, lienor encumbrance,orcuresthelackofarightof access toor from the land,or cures the claim of unmarketability of title,allas insured,ina reasonably diligent mannerbyany method,including litigation and the completion ofany appeals therefrom,it shall have fully performed its obligations with respect to that matter and shall notbeliable for any loss ordamagecausedthereby. (b)Inthe event of any litigation,including litigation byTheFund or with TheFund'sconsent,TheFund shall have no liability forloss or damage until there has been a final determination by a court of competent jurisdiction,and disposition ofall appeals therefrom,ad verse to the title as insured. (c)TheFund shall notbe liable for loss or damage to any insured for liability voluntarily assumed bythe insured in settling any claim or suitwithoutthe prior written consent ofTheFund. 10.Reduction of Insurance;Reduction or Termination of Liability All payments under this policy,except payments made for costs, attorneys'feesandexpenses,shall reduce the amount oftheinsurance pro tanto. 11.Liability Noncumulative Itisexpressly understood thatthe amount ofinsurance under this policy shall be reduced by any amount The Fund may pay under any policy insuringamortgagetowhichexceptionistakenin Schedule B ortowhich theinsured hasagreed,assumed,or taken subject,or which ishereafter executed byan insured andwhich isa charge or lien onthe estateor interest described or referred toinScheduleA,andthe amount so paid shall be deemed a payment under this policy tothe insured owner. 12.Payment of Loss (a)No payment shall be made without producing this policy for endorsement ofthe payment unless the policy hasbeenlostorde stroyed,inwhichcase proofoflossor destruction shallbefurnishedto the satisfaction of The Fund. (b)When liability andthe extent of loss or damage has been definitely fixed in accordance with these Conditions andStipulations, CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To:Mayor,city comm'n andcity manager Cc:Sandy Youkilis,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 isacopy of correspondence from George Lott outlining the city's obligationsundertheoptiontopurchaserealestatepertainingtotheremaining 2/3's of the Hammock House property. Aspart of theexclusiveoptiontopurchasethewesterlytwo-thirds of theproperty, underpara.11(c)of theoptionagreement,thecityisresponsiblefor "paying allrealestate taxesontheproperty prior totheirbecoming delinquent during the option period...."We haveattachedacopy of theoption agreement foryourreview. Thank you. 18/54/2083-11:58 3856636346 Osobox J.Loxt October 21,2003 Lott &Levinb ATTORNEYS AT LAW PAGE 17 DADELAND CCNTOC,SUITE IOI* •IBS SO.DAOetAWD •OUtCVAMD Miami,Fi^j»»pa 3Qiss TCLCPHOHB C305>670-0700 FAX (SOS)070-0701 Hakeem Oshikoya Finance Director City ofSouth Miami 6130 Sunset Drive South Miami,Florida 33143 RE:VanSmith Property Dear Mr.Oshikoya: closing was dated as of June 30,^^SS!S»a!^m until June 30,20M2003.Based on the closing date of July l,z^^ir^re..D|atting or waiver oftouseItsgoodfaithbesteffortsto•»»*(«^r through JPj™^home lotSfSat)the balance of the property to constitutei 2 gj^JJ^J^fc 3une SO*£h with not less than 100 ™«£^&%£J5fifrftfthe property.If 2005 to complete Its °P«°"a"V/^rf tfifDrooertY»concuded before June 30, seK^a^^-*be necessary and *•costs associated therewith avoided. Please contact me to discuss how the City wishes to proceed. Finally,just areminder that,in the Contract,the City agreed to name the property it purchased asthe "Van Smith Park . Very truly GJL:amj OPTION TO PURCHASE REAL ESTATE This Option Agreement is made and entered as of the 1*day of June, 2003,byandbetween Mr.GarrettVanSmithandAntonyVanSmithasCo-Trustees ofthe Howard and Anne Van Smith Declaration of Trust dated 3/16/68 ("Sellers") andthe City ofSouth Miami,a Florida Municipal corporation ("City"). % I. Forandinconsideration of the City's payment of the 2001 ad valorem taxes forthe Property (as hereinafter defined)which are in the approximate amountof $7,500.00,Including penaltiesand Interest,anddosingonthe east 1/3oftheland at7800S.W.59Avenue,South Miami,Florida andothergoodandvaluable consideration,thereceiptand sufficiency ofwhichIshereby acknowledged,Sellers grantthe City ofSouth Miami (the "City")an exclusive option to purchase the westerlytwo-thirdsofthelandsituatedandlocatedat7800S.W.59m Avenue, South Miami,Florida 33143,in Miami-Dade County,Stateof Florida,and legally described as: All ofLot12andthe North 22.59feetofLot18,In Block6,of AMENDED PLAT OF PALM MIAMI HEIGHTS,according tothePlat thereof,recordedIn Plat Book25,atPage37,ofthe Public Recordsof Mlaml-Dade County,Florida; and The East 1/2 ofTract6,lesstheSouth125feetthereof,of REVISED PUT OFAPORTIONOFTHEAMENDEDPLATOFPALM MIAMI HEIGHTS,as recorded in PlatBook43,atPage37, ofthe Public Records of Mlaml-Dade County,Florida (the "Property"). XI. Subject totheCity:(a)payingthe outstanding 2001advalorem taxes on the Property anddosingontheeast1/3ofthe Property;(b)using Its goodfaith best effortsto replat the Propertyintotwo(2)lotsasdescribed In the Addendum within the first yearofthe OpHon Period unless City doses earlier onthe Property;and(c) paying all real estatetaxesonthe Property prior totheirbecomingdelinquent during the Option Period,the parties hereto covenant and agree that the'City shall havethe right to exercise this Option atany time prior tothetwoyear anniversary dateofthedosingonthe City's purchase ofthe easterly one-third ofthe Property, hereinafterreferredtoasthe "Option Period",forthesumof$560,000.00for the Property.The City mayexercise Its exclusive rightto purchase the Property atany time during the "Option Period"by giving thirty(30)daywrittennoticetoSellers. Asusedherein,"re-plat"shallalsomean "waiver ofplat",if sameshallpermituse of the property as two residential lotsas described in the Addendum. m. The Sellers should convey good and marketable titletothe Property to,the aty in accordance with the attached Standards forReal Estate Transaction which are Incorporated aspastof this Agreement However,exceptforwarrantiesoftitle, the Propertyshallbe conveyed In "as is"physicalcondition. IV. aty shallsurveythe Property at Its expense prior to closing.Suchsurvey shallcreateaseparatelegaldescriptionforthe home anda10footarea surrounding the homeforwhich Mr.GarrettVanSmithshallretainanIrrevocable license. V. reside^ho^^an Irrevocable Hcense to to allow for Mr.Garrett Van SmKn eTre^an^lno^r'^^6 access easa™ntsuchrights,Mr.Garrett Van Smith aanfli t9TMtV**home*In exchange forJndudlngthehome,during hb HfSmeo u^tilmJSJ?"*"*?"**me *•*•*'to writing,as he deems fit and sXble M?S^S u anLv°,untar«y relinquishedforhisirrevocablelicenseandeSSS^*:*?arn:tt Van Smitn shaH not pay atvGarrettVanSmithSSMlS?^htdeaS?ST,*?be pereona'*M?such rights In writing,or abandonment!wh^hl!!?^voluntary relinquishment ofshallbedefinedasnotIh^TtoS^ho^^AbandonmentGarrettVanSmithhasbeen^ospSflzed or te JLJl*™^*months unIe«Mr.f e home but provides the oS^^^i^™*8 P^cally not residing in home.For purposes of this An~-L~u otlce of h,s '"tention to return tothelivingfecHity^a^,n an --Ed eSshallpayforthemalntenan^^i^"'*ST"*Van Smithideemsfit,during the period of toJ^Jfi^^^P^I**™*****maintaining the land at all time?IS^^ZaJ^^^^J^-**«*»oftorepairandmaintainthehomeIfftdeenSMrr*^?*^"have me ri9h*maintenance inadequate and if Mr einSFJE?cBS!ttuVan Smltn's rePa,rs ^drepairsandmm^i^^^^^^^^has ™objection to suchshallusethePropertyonlyasToassfJn£tl *"l*G^rrctt Van Smith,the atydosing.H y on,y ^a passive,nature park.This provision shall survive VI. deed,2?J owne^^*!ft *»**"<**due on theEsq.,at promulgated rates,|£al?texef™&/£££?ft,Stephen D-*""*>"*dosing,and ail other dosing^w^^JJK******ror **Y«r ofPearsonInconnectionwith^SiSSS^SI n^and costs due Stephen D.Sellers shall not file or permft to bfSS °1 °5,sIeners'«this Option AgreementPriortodosing.Af^p^^^^LS^^LSflT*S "t"aga,nst **"^P**this matter,the net sal«[JSeedi sta*b1 S^Lh^M?!D'Pearson'Es^each of the benefices of ^Ho^td^e^n KiffSLSLSS SEE?t0 vn. shall be innSg tS%*XS^J^^**«?°P*»States Mail with postage pre-wW ^S^0hI?^lTeto by hand or °V ""***Sellers c/o:Stephen D Pea«0n f~?fSS ?Se,!ers sha»°e addressed toFlorida33156,un^changed by wrSn noti-JS?Bf Hl9hwa^Plnec^addressed to the City Attorney at NJo?n rSn^5 C,ty*/n notlces to °*sha"^Suite 301,Miami,t^S^^i^^^JS!^'3225 Avlatton Av^ue,parties agree to keep each other rea^n^I }V ^^n no0ce to ^^Theandeachpartieseffortto^chieTetfS?2^«epp?ed ,of the ««"or this matterpartyagreestop^^SSmST SE+J^'&S"hereunder-which eachnoticeofthedateItdeslStocloseSSSL9"*Se,lere not ,ess *»15 daysAgreementd0SethePurchasecontemplatedbythisOption vm. wtth mSSS^SS^£S^90Vemed "»and —"-'"—*»- DC. or om^pee^?nZ^ona^thT^sa^.haVe **Wlth no •**•*—* This Option Agreement contains all oftheterms,promises,covenants, conditionsandrepresentationsmadeor entered Into byor between Sellersand the aty and supersedes ail prior discussions andagreementswhetherwrittenororal betweenSellersandthe aty withrespecttothe Option Agreementandallother matterscontained herein andconstitutesthe soie andentireagreementbetween Sellers and the City with respect thereto.This Option Agreementmaynotbe modified or amended unless such amendment isset forth in writing andexecuted by both Sellers and the City with the formalities hereof.This Option Agreement may be executed in counterparts. XI. WAIVgR OF JURY 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 OPTION AGREEMENT OR PERTAINING TOANY TRANSACTION RELATED TOOR 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 JURY TRIAL ISA MATERIAL INDUCEMENT TO EACH PARTY ENTERING INTO THIS OPTION AGREEMENT WTTH 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 WTTH AN ATTORNEY IN CONNECTION WITH THIS JURY TRIAL WAIVER AND UNDERSTANDS THE LEGALEFFECTOFTHISWAIVER.»'««,ine u*al IN WITNESS WHEREFORE,the parties have hereunto settheir hands and sealsthis day of May,2003. Signed,sealed and delivered In the presence of: As to BUYER As to SELLER As to SELLER BUYER: THE Cmr OFSOUTH MIAM] -•••jcjn '^£&4*<* ^ SELLER:. GARferf VAN SMITH,Trustee Date: