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02-17-04 Item 5CITY OF SOUTH MIAMI .......................... .......................... ........................... INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: February 17, 2004 From: Maria V. Davis AGENDA ITEM 4 .� City Manager f 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 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 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 separate 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. 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 44 45 46 47 48 49 50 51 RESOLUTION NO. 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"' 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 , 2004. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: Vote of the Commission: Mayor Russell: Vice Mayor Palmer: Commissioner Wiscombe: Commissioner Birts- Cooper: CITY ATTORNEY Commissioner Sherar: Miami -Dade County. Real Estate Tax Information Page 1 of 1 Show Me: 2003 Taxes Property Taxes Today's Date: 02/06/2004 Last Update: 01/29/2004 Tax Year: 2003 Folio Number: 09 40360390020 SOUTH MIAMI Search By: Owner's Name: GARRETT VAN SMITH & Select Item Property Address: 7800 SW 59 AVE © 2002 Miami -Dade County. All rights reserved. Total Value : 272068 Millage Code: 0900 Exemptions: HOMESTEAD 25000 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 02/28/2004 6630.91 1% DISCOUNT Ml/ Conta p mia (30 Dow 140 Mia Sout 1071 Mia Of 8:30 03/31/2004 6697.89 0% DISCOUNT Rel T Prop Florid Amounts due are subject to change without notice. R Property Tax Home I Real Estate Tax Info 12003 Taxes I Prior Years 12003 Non -Ad 2003 Back Assessments 12003 Enterprise Folio 12003 Historical Abatements 12004 Quarte Miami -Dade Home I Using Our Site I About I Phone Directory I Privacy I Disclai E -mail your comments, questions and suggestions to Webmaster http : / /egvsys.miamidade.gov:1608 /wwwsery /ggvt /txcaw02.dia ?folio= 0940360390020 2/6/04 LOTT & LEVINE ATTORNEYS AT LAW GE08GE J. I.OTT MICHAEL D. LEvixE (1953 -1993) 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. DADELAND BOULEVARD MIAMI, FLORIDA 33156 TELEPHONE (305) 670 -0700 FAX(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-12/3s 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 truly urs, . LOTT GJL:amj This Instrument Prepared by and Return to: Stephen D. Pearson, Esq. 12401 South Dixie Highway Pinecrest, Florida 33156 OR Bk 21460 Pss 1154 - 1158; (5ass) RECORDED 07/25/2003 15 :32:21 DEED DOC: TAX I P680.00 SURTAX 1P260.00 HARVEY RUVIH► CLERK OF COURT MIAMI -DADE COUNTYP 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 B The East 10i Feet of the East 1,� 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. J 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: Sfe�q l ,5)- , Re rs [Printed Name of Witness] [Printed A ame of Witness] STATE OF FLORIDA ) ):SS: COUNTY OF MIAMI -DADE ) Garrett Van Smith, Individually and as Co- Trustee under that certain Declaration of Trust dated March 15, 1968 The foregoing instrument was acknowledged before me this t day of Juz�' 2003, by Garrett Van Smith, who is personally known to me or h s: produced as icen i�ication, and who did not take an oath. My Commission Expires: Notary Public, State of Florida (NOTARIAL SEAL) `Y " "�•,� Stephen D. Pearson :•r4 j ' -'z N}y�p SSION# DD024913 EXPIRES w - September 1, 2005 "+ , ;:anEp'MRUiRJyfAININSURAK�INC. [Printed Name of Witness] [Printed Name of Witness] STATE OF FLORIDA ) SS: COUNTY OF MIAMI -DADE ) Antony &9n 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 -Ju', 2003, by Antony Van Smith, who is „personally known to me or has produced as identification, and who did take an oath. Notary Public, State of Florida My Commission Expires: (NOTARIAL SEAL) .• qft o.,, Stephen D. Pearson My C6WASSION # DDOZ4913 EXPIRES September 1; 2005 BONDEDTNRUTROY FAIN INSURANMINC 3 [Printed Name of Witness] [Printed Name of Witness] STATE OF FLORIDA SS: COUNTY OF MIAMI -DADE William Van Smith, Individually The foregoing instrument was acknowledged before me this -30 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. Notary Public, State `of Florida My Commission Expires: (NOTARIAL SEAL) D POOMR Seplemba 1, 2005 g®pp�p,�p�6'QIFFYFANNW& WC Is ,pN 4 OR B K 21460 PG 1 158 LAST PAGE Parris Van Smith, Individually Printed Name of Witness] [Printed Name o.19 Witness] STATE OF FLORIDA ) ) SS: COUNTY OF -1 t" r-K— ) t- The foregoing instrument was acknowledged before me this -71U day of June, 2003, by Parri s Van Smith, who is personally known to me or has produced N c��t k \f -Az as identification, and who did not take an oath. Notary PNZ11 c, State of Florida My Commission Expires: `I' 435 -1.302 E Attorneys' Title Insurance Fund, Inc. ORLANDO, FLORIDA SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPU- LATIONS, ATTORNEYS' TITLE INSURANCE FUND, INC., a Florida corporation, herein called The Fund, insures, as of Date of Policy shown in 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. 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 Stipula- tions. 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. �,�„p/WNN!!II/IIyI y'�IIII�IIN M�pr„�� FUND FORM OPM (rev. 3/98) Attorneys' Title Insurance Fund, Inc. By Charles J. Kovalesid President SERIAL OPM - 2139539 Policy No.: OPM - 2189539 1. Name of Insured: City of South Miami 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 hereof vested 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, Esq. ISSUING AGENT - ATTORNEY OR FIRM OF ATTORNEYS 12401 South Dixie Highway Mailing Address 435 -1.203 Fund OPM 12499 AGENT NO. AGENT'S SIGNATURE Pinecrest, Florida 33156 City & State Zip 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 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 lands accreted to such lands. 4. Any lien provided by County Ordnance 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 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 a Portion 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 in Deed Book 2269, Page 483. 8. Charter of the City of South Miami Amendments to the Articles recorded in Official Records Book 10217, Page 994. All recording references are to the Public Records of Miami -Dade County, Florida. Fund OPM 435 - 1.203 r OPM- 2189539 Exhibit "X" 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. �- pursue any litigation to final determination by a court of dent jurisdiction and expressly reserves the right, in its sole �screcon, 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 requested by The Fund, the insured, atThe Fund's expense, shall gibe 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 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 any litigation, 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 3 of these Conditions and Stipulations have been provided The Fund, a proof of loss 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 defect in, or lien or encumbrance on the title, or other matter insured against by this policywhich constitutes the basis of loss or damage and shall state, to the extent possible, 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, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit 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 or after Date of policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative ofThe Fund, the insured claimant shall grant its permission, in writing, for any 'autho- 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 to 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 insured claimant to submit for examination 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 any liability of The Fund under this policy as 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 Pay or 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 costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by Thi -Fund up to the time of payment and which The Fund is obligated to pay; or (ii)-to pay or otherwise 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 by The 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 This 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 th'e extent herein described. (a) The liability of The Fund under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) ( ThisparagraphdealingwithCoinsurancewasremovedfromf7orida policies.) (c) The Fund will pay only those costs, attorneys' fees and 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 not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled 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 of each 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) If The Fund establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access 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 liability 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 B or to which the insured has agreed, assumed, or taken subject, or which 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, CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor, city comm'n and city 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 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. 10f ?41 2003, 11:58 3056636346 LOTT & LxviciT$ ATTORNEYS AT LAW Oxosos J. Lon MIC -AAL D. L VVM Gese -logo) 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: PAGE 17 DADELAND CENTRE, DUITE 1014 . 9155 30. DADELAND DOUf.EVAND Mx"Ir, Fsoszas Balsa TELEPHONE (303) 070 -0700 RAX 4303) 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 3une 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 ". VeIKLOTT rs, GJL:amj OPTION TO PURCHASE REAL ESTATE This Option Agreement is made and entered as of the �� 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 City of South Miami, a Florida Municipal corporation ( "City "). I. For and in consideration of the City's payment of the 2001 ad valorem taxes for the Property (as hereinafter defined) which are in the approximate amount of $7,500.00, 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 good and valuable consideration, the receipt and 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. 591" Avenue, South Miami, Florida 33143, in Miami -Dade County, State of Florida, and legally described as: 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, 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'). II. 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 replat the Property into two (2) lots as described in the Addendum within the first year of the Option Period unless City closes 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 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 a -istedy 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 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. III. 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. 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. 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 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, permanently residing in an assisted care. living facility shalt 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 shalt use the Property only as a passive, nature park. This provision shall survive closing. V1. City shall pay for documentary stamps on the deed, any surtax due on the deed, for an owners 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 closing, and all other closing costs except for any fees and costs due Stephen D. Pearson In connection with his representation of Seders in this Option Agreement. Sellers shalt not file or permit to be filed any claims of lien against the Property prior to closing. 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. ilk 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 Mall 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 closing 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 close the purchase contemplated by this Option Agreement. VilI. 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 transacttoh. .1 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 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 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 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 JURY TRIAL 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 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 BUYER: In the presence of: THE C OF SOUTH MIAMI Oiav « .+ociL�o t (P ( () As to BUYER' ate: As to SELLER As to SELLER SELLER: rJA RftM VAN SMITH, Trustee Date: v ANT" SMITH, Trustee Date: i