HomeMy Public PortalAbout2000-2001 Rebozo Property Chronology.tifREBOZO PROPERTY
CHRONOLOGY
VILLAGE OF KEY BISCAYNE
FLORIDA
July 16, 2001
Revised: May 15, 2001
April 2, 2001
February 15, 2001
October 4, 2000
C. SAMUEL KISSINGER, VILLAGE MANAGER
85 WEST MCINTYRE STREET
KEY BISCAYNE, FLORIDA 33149
TEL: (305) 365-5500
FAX: (305) 365-8936
\U,1O\ aTATEMENT 'TO PROVIDE A ,AFE, QUALIT\ COVMLIITI ENvIRONME\T FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT'
VILLAGE OF KEY BISCAYNE - CHRONOLOGY
Rebozo Property
1. Jaiivai:1 12, 1999 RESOLUTION NO. 99-7
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
AUTHORIZING THE VILLAGE MANAGER AND THE VILLAGE ATTORNEY TO NEGOTIATE A
PROPOSED CONTRACT FOR PURCHASE AND SALE BETWEEN THE VILLAGE AND THE
ESTATE AND TRUST OF C.C. "BEBE" REBOZO, CONCERNING THE ACQUISITION OF
APPROXIMATELY TWO ACRES OF LAND AT 560 CRANDON BOULEVARD BY THE VILLAGE;
REQUIRENG SUBMITTAL OF PROPOSED CONTRACT TO VILLAGE COUNCIL; PROVIDING FOR
AN EFFECTIVE DATE.
2. April 20, 1999 RESOLUTION NO. 99-29
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
APPROVING PURCHASE AND SALE AGREEMENT BETWEEN THOMAS H. WAKEFIELD,
CHARLES FRED REBOZO AND MARY R. BOUTERSE, AS SUCCESSOR TRUSTEES OF THE
CHARLES G. REBOZO REVOCABLE TRUST UNDER REVOCABLE TRUST AGREEMENT DATED
JANUARY 20, 1989, AS MODIFIED AND AMENDED AND THE VILLAGE OF KEY BISCAYNE;
PROVIDING FOR PURCHASE OF CERTAIN LANDS AND IMPROVEMENTS BY THE VILLAGE;
AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE CONTRACT ON BEHALF OF THE
VILLAGE; AUTHORIZING THE VILLAGE MANAGER TO TAKE ALL ACTION NECESSARY TO
IMPLEMENT THE CONTRACT; AUTHORIZING THE VILLAGE MANAGER AND THE VILLAGE
ATTORNEY TO TAKE ALL ACTION NECESSARY TO CLOSE THE PURCHASE AND SALE
TRANSACTION; PROVIDING FOR AN EFFECTIVE DATE.
* Note. The Resolution was voted clown by the Village Council. The Council proposed reducing the tninitnttnz
st_e of the Nance Display to 12 .sf and to allow the Name Display to he flush with the ground That
proposal was rejected by the Seller
3. May 11, 1999 RESOLUTION NO. 99-48
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
APPROVING PURCHASE AND SALE AGREEMENT BETWEEN THOMAS H. WAKEFIELD,
CHARLES FRED REBOZO AND MARY R. BOUTERSE, AS SUCCESSOR TRUSTEES OF THE
CHARLES G. REBOZO REVOCABLE TRUST UNDER REVOCABLE TRUST AGREEMENT DATED
JANUARY 20, 1989, AS MODIFIED AND AMENDED, AND THE VILLAGE OF KEY BISCAYNE;
PROVIDING FOR PURCHASE OF CERTAIN LANDS AND IMPROVEMENTS BY THE VILLAGE;
AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE CONTRACT ON BEHALF OF THE
VILLAGE; AUTHORIZING THE VILLAGE MANAGER TO TAKE ALL ACTION NECESSARY
IMPLEMENT THE CONTRACT; AUTHORIZING THE VILLAGE MANAGER AND VILLAGE
ATTORNEY TO TAKE ALL ACTION NECESSARY TO CLOSE THE PURCHASE AND SALE
TRANSACTION; PROVIDING FOR AN EFFECTIVE DATE; SUPERCEDING RESOLUTION NO. 99-
29 ON THE SAME SUBJECT.
* Note • The significant changes from the previous purchase and sale agreement which was approved for
execution by the Village Council are as follows •
(I) Reducing the minimum st_e of the Name Display to 24 sf
(II) Providing for closing date 90 dal s after the effective date.
Page 1 of 6
VILLAGE OF KEY BISCAYNE - CHRONOLOGY
4. July 20, 1999 RESOLUTION NO. 99-63
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA
APPROVING PURCHASE AND SALE AGREEMENT BETWEEN THOMAS H. WAKEFIELD,
CHARLES FRED REBOZO AND MARY R. BOUTERSE, AS SUCCESSOR TRUSTEES OF THE
CHARLES G. REBOZO REVOCABLE TRUST UNDER REVOCABLE TRUST AGREEMENT DATED
JANUARY 20, 1989, AS MODIFIED AND AMENDED, AND THE VILLAGE OF KEY BISCAYINE:
PROVIDING FOR PURCHASE OF CERTAIN LANDS AND IMPROVEMENTS BY THE VILLAGE;
AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE CONTRACT ON BEHALF OF THE
VILLAGE; AUTHORIZING THE VILLAGE MANAGER TO TAKE ALL ACTION NECESSARY TO
IMPLEMENT THE CONTRACT; AUTHORIZING THE VILLAGE MANAGER AND VILLAGE
ATTORNEY TO TAKE ALL ACTION NECESSARY TO CLOSE THE PURCHASE AND SALE
TRANSACTION; PROVIDING FOR AN EFFECTIVE DATE; SUPERCEDING RESOLUTION NO. 99-
48 ON THE SAME SUBJECT.
* ]Vote• The significant changes from the previous Purchase and Sale Agreement which was approved
for execution by the Village Council are as follows
Section 11 of the Purchase and Sale Agreement dealing with the Name Display Covenant was revised
to provide that the Name Display shall be displayed on one of the primary municipal buildings intended
to be constructed at the subject property or, if a primary municipal building is not constructed at the
subject property, then at the courtyard or plaza intended to be located at the subject property
Additionally, the form of Name Display Covenant was attached as Exhibit "K" to the Purchase and Sale
Agreement. The Seller required this change as it was the Seller's expectation that the Village would be
obligated to place the Name Display on one of the municipal buildings if a municipal building was
constructed. The Seller did not want the Village to have the option to place the Name Display on the
courtyard or plaza if a primary municipal building was constructed at the subject property.
5 September 16, 1999 Minutes: The Manager addressed the Council regarding a report
indicating a petroleum contamination on 560 Crandon Boulevard. Elaine
Cohen, Weiss Serota Helfman and Edward Clark, Clark Engineers &
Scientists, Environmental Consultants for the Village, addressed the
Council regarding this issue.
Councilmember Fein Made a motion to give the Attorney authority to
request an extension and to terminate the contract if the request is denied.
The motion was seconded by Vice Mayor Han and approved by a 7-0 voice
vote. The vote was as follows: Councilmembers Bass, Broucek, Fein,
Fried, Oldakowski, Vice Mayor Han, and Mayor Rasco voting yes.
Note. On September 16, 1999, the Village's environmental consultant, Clark Engineers -Scientists, issued
its Phase I and II Environmental Site Assessment Report (the ESA) with respect to the subject property.
The ESA identified the potential soil and/or groundwater contamination at two locations on the subject
property The ESA showed that (I) an approximately 28 acre area near the center of Parcel 2 was
contaminated and (a) a second, smaller affected area of petroleums contaminated groundwater at the
southern boundary of the site The ESA concluded that the likely source of the contamination at the
southern boundary of the site was from the migration of the documented groundwater plume at the
Amoco service station located immediately adjacent to the south of the subject property.
Page 2 of 6
VILLAGE OF KEY BISCAYNE - CHRONOLOGY
6. October 12. 1999 Minutes: At this time it was the consensus of Council to discuss Item 11D5.
The Attorney addressed the Council regarding the acquisition of the 560
Crandon Boulevard property stating his recommendation not to close on
this property.
Elaine Cohen, Weiss Serota Helfman Pastoriza & Guedes addressed the
Council regarding this issue.
Vice Mayor Han made a motion to terminate the contract to purchase the
above mentioned property. The motion was seconded by Councilmember
Bass. Vice Mayor Han withdrew his motion.
There was extensive discussion from Council on this issue.
Councilmember Bass made a motion to terminate the above mentioned
contract. The motion was seconded by Mayor Rasco and failed by a 2-4
voice vote. The vote was as follows: Councilmember Bass and Mayor
Rasco voting yes. Councilmembers Fein, Fried, Oldakowski and Vice
Mayor Han voting no.
Councilmember Fein made a motion to go ahead with the closing to
purchase the above mentioned property. The motion was seconded by
Vice Mayor Han and approved by a 4-2 voice vote. The Councilmembers
Fein, Fried, Oldakowski and Vice Mayor Han voting yes. Councilmember
Bass and Mayor Rasco voting no.
7. November 9, 1999 Minutes: Elaine Cohen, Weiss Serota Helfman Pastoriza & Guedes,
addressed the Council regarding the site a 560 Crandon Boulevard stating
that the seller did not show up at the closing.
It was the consensus of the Council to discuss this item again at the
continuation of this meeting on November 16, 1999.
8. November 16, 1999 Minutes: The Attorney addressed the Council regarding the property at
560 Crandon Boulevard.
Councilmember Fried made a motion to authorize the Manager to execute
an amendment to the contract to extend the closing date for four months.
The motion was seconded by Vice Mayor Broucek and approved by a 6-0
voice vote. The vote was as follows: Councilmembers Bass, Fried, Han,
Oldakowski, Vice Mayor Broucek and Mayor Rasco voting yes.
9. The Village and the Seller entered into a FIRST AMENDMENT to Purchase and Sale Agreement dated as
of October 19. 1999 pursuant to which the closing date was extended to March 16. 2000.
10. On February I, 2000. the Seller's environmental consultant, Branching Out. Inc. ("BOI"), issued its
report regarding the clean-up work conducted by BOI at the site.
Page 3 of 6
VILLAGE OF KEY BISCAYNE - CHRONOLOGY
11 On February 16, 2000, the Seller filed a complaint against George Shalub and BP Amoco Corporation,
a'lc/a Amoco. with respect to the contamination emanating from the Amoco site
12 On March 8. 2000, Clark Engineers -Scientists issued its supplemental report (the "Supplemental
ESA") with respect to the clean-up work conducted by Sellers environmental consultant at the site.
The Supplemental ESA concluded that:
"The general area of contaminated soil, in the approximately 0.28 acre area in the
interior of the property, has been removed and the favorable results from the
additional groundwater monitoring well located on the eastern perimeter of the
excavation, and the favorable groundwater results of the newly created excavation
("lake") have addressed the major concerns of the Clark Phase I and II ESA Any
future financial liability due to contamination, again, would be expected to be limited
to removal, testing and disposal off -site of any contaminated soil uncovered during
construction."
However, the Supplemental ESA also noted that BOI reported increased petroleum constituents in the
affected area of petroleum contaminated groundwater at the southern boundary of the subject property.
The Supplemental ESA states that the "implication of these results is that the groundwater plume
associated with the Amoco station continues to be present, if not advancing farther on the subject
property The financial implications of this could be that any additional contaminated soil uncovered
during construction for storm drains or other structures, would require removal, testing and proper
disposal off -site."
13. March 14, 2000
Minutes: Elaine Cohen, from the Village Attorney's office addressed the
Council regarding the request of a one month extension to the purchase
contract for 560 Crandon Boulevard. Councilmember Fried made a
motion to authorize such extension. The motion was seconded by Vice
Mayor Broucek and approved by a 6-1 voice vote. The vote was as follows:
Councilmembers Fein, Fried, Han, Oldakowski, Vice Mayor Broucek, and
Mayor Rasco voting yes. Councilmember Bass voting no.
14. The Village and the Seller entered into a SECOND AN1ENDMENF to Purchase and Sale Agreement dated
as of March 22, 2000 pursuant to which the closing date was extended to April 17, 2000.
15. April Ii, 2000
Minutes: Elaine Cohen from the Attorney's office addressed the Council
regarding a time extension of 90 days for the contract to purchase the
property at 560 Crandon Boulevard.
Councilmember Oldakowski made a motion to extend the time for the
purchasing contract for the property at 560 Crandon Boulevard to July 17,
2000. The motion was seconded by Vice Mayor Broucek and approved by
a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Fein,
Fried, Han, Oldakowski. Vice Mayor Broucek and Mayor Rasco voting
yes.
16. The Seller and the Village entered into a THIRD AIIENDI\IENT to Purchase and Sale Agreement dated
April 17, 2000 pursuant to which the closing date has been extended to July 17. 2000.
Page 4 of 6
VILLAGE OF KEY BISCAYNE - CHRONOLOGY
17. A meeting with Amoco's counsel took place at Seller's counsel's offices on May 5, 2000 at 10:00 a.m.
to discuss a proposed resolution of the lawsuit filed by the Sellers, including the issues relating to the
sale of the subject property. Amoco's counsel is in the process of preparing a draft agreement.
18. All II, 2000
19. August 29, 2000
20. September 12, 2000
21 September 19, 2000
September 26, 2000
23 October 2, 2000
Minutes: Elaine Cohen with Weiss Serota Helfman Pastoriza and Guedes
addressed the Council regarding an extension for the purchase of the
property at 560 Crandon Boulevard.
Councilmember Oldakowski made a motion to extend the closing of the
property to September 7, 2000. The motion was seconded by
Councilmember Fein and approved by a 7-0 voice vote. The vote was as
follows: Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor
Broucek and Mayor Rasco voting Yes.
Minutes: The Attorney addressed the Council regarding the property at
560 Crandon Boulevard requesting an additional extension. Vice Mayor
Broucek made a motion to authorize the Village Manager and Village
Attorney to extend the closing date up to 14 days. The motion was
seconded by Councilmember Han and approved by a 6-0 voice vote. The
vote was as follows: Councilmembers Fein, Fried, Han, Oldakowski, Vice
Mayor Broucek, and Mayor Rasco voting Yes.
Minutes: The Village Attorney addressed the Council regarding the
property at 560 Crandon Boulevard
Special Village Council Meeting Minutes: The Attorney addressed the
Council regarding the agreement. Councilmember Fein made a motion
directing the Attorney to close on the property with the following
provisions: Purchaser shall receive a $50,000 credit against the purchase
price; assignment of Seller's claim against Amoco and Purchaser releases
Seller from the indemnification provision. The motion was seconded by
Vice Mayor Broucek and approved by a 6-0 voice vote. The vote was as
follows: Councilmembers Bass, Fried, Han, Oldakowski, Vice Mayor
Broucek and Mayor Rasco voting yes. Councilmember Fein excused
himself from the meeting at 8:38 a.m. The closing for the purchase of the
property at 560 Crandon Boulevard will be on Thursday, September 21,
2000. It was the consensus of Council to request that the Engineer expedite
the cleanup of the property and that the architect for the Fire Station start
the permitting process as soon as possible.
Letter addressed to the Village's Finance Manager from the Village
Attorney regarding the purchase from the Estate of Rebozo with a copy of
the signed settlement statement and disbursement schedule and a copy of
the Attorney's trust account check in the amount of S92,165.12.
Memorandum addressed to the Village Manager from the Finance
Manager regarding the closing on the Rebozo Property.
Page 5 of 6
VILLAGE OF KEY BISCAYNE - CHRONOLOGY
24. November 1.1, 2000 Letter addressed to the Village Manager from the Village Attorney
regarding the purchase of the Rebozo Property with the following
enclosures:
Summary of Buyer Expenses and Credits
HUD -1 Uniform Settlement Statement
Settlement Statement
Disbursement Schedule
Cashier's Check made payable to the Village for $23.05
Check from the Attorney's Trust Account made payable to the
Village in the amount of $10.50
25. December 5, 2000 Letter addressed to the Village Attorney from the Village's Finance
Manager including a copy of Check # 23133 for the Rebozo land
acquisition.
26. Legal Description of Parcel 1 and Parcel 2
27. Rebozo Property and SunTnist cost comparison
2$. Index to Closing Binder (Available in the Office of the Village Clerk)
Page 6 of 6
RESOLUTION NO. 99-7
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING
THE VILLAGE MANAGER AND VILLAGE ATTORNEY TO
NEGOTIATE A PROPOSED CONTRACT FOR PURCHASE
AND SALE BETWEEN THE VILLAGE AND THE ESTATE
AND TRUST OF C.G. "BEBE" REBOZO, CONCERNING THE
ACQUISITION OF APPROXIMATELY TWO ACRES OF
LAND AT 560 CRANDON BOULEVARD BY THE VILLAGE;
REQUIRING SUBMITTAL OF PROPOSED CONTRACT TO
VILLAGE COUNCIL; PROVIDING EFFECTIVE DATE.
WHEREAS, the Estate and Trust of C.G. "Bebe" Rebozo (the "Estate") has offered to sell
approximately two acres of land (the "Land") located at 560 Crandon Boulevard to the Village, to
be utilized for Village purposes; and
WHEREAS, the Village Council finds that the acquisition of such Land would be in the best
interest of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section I. The Village Manager and Village Attorney, in their respective capacities, are
hereby authorized to negotiate a proposed Contract for Purchase and Sale (the "Contract") for the
acquisition of the Land from the Estate and to present such proposed Contract to the Village Council
for its consideration.
Section 2. That the Village Manager is authorized to take all action necessary to implement
the purposes of this Resolution: -
Section 3. Effective Date. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED this 12th day of January, 1999.
ATTFB,T:
CONCHITA H. ALVAREZ, CMC
VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
E(_, --ti 1,,,-" (-1r1 -
RICHARD J. WEISS, VILLAGE ATTORNEY
1Q300l\resolutions\ purchase and sale contract with rebozo
2
(
(
RESOLUTION NO. 99-29
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING
PURCHASE AND SALE AGREEMENT -BETWEEN THOMAS
H. WAKEFIELD, CHARLES FRED REBOZO AND MARY R.
BOUTERSE, AS SUCCESSORTRUSTEES OF THE CHARLES
G. REBOZO REVOCABLE TRUST UNDER REVOCABLE
TRUST AGREEMENT DATED JANUARY 20, 1989, AS
MODIFIED AND AMENDED, AND THE VILLAGE OF KEY
BISCAYNE; PROVIDING FOR PURCHASE OF CERTAIN
LANDS AND IMPROVEMENTS BY THE VILLAGE;
AUTHORIZING VILLAGE MANAGER TO EXECUTE THE
CONTRACT ON BEHALF OF THE VILLAGE;
AUTHORIZING VILLAGE MANAGER TO TAKE ALL
ACTION NECESSARY TO IMPLEMENT THE CONTRACT;
AUTHORIZING VILLAGE MANAGER AND VILLAGE
ATTORNEY TO TAKE ALL ACTION NECESSARY TO
CLOSE THE PURCHASE AND SALE TRANSACTION;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the Village desires to purchase certain lands and improvements from Thomas
H. Wakefield, Charles Fred Rebozo and Mary R. Bouterse, as Successor Trustees of the Charles G.
Rebozo Revocable Trust under Revocable Trust Agreement dated January 20, 1989, as modified and
amended (the "Trust"); and , ,
WHEREAS, the Village Council finds that the approval of the Purchase and Sale
Agreement is in the best interest of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. That the Purchase and Sale Agreement (the "Purchase and Sale Agreement"), in
substantially the form attached hereto, between the Village and the Trust is hereby approved and the
Village Manager and Village Clerk are authorized to execute such Purchase and Sale Agreement,
in their respective capacities, on behalf of the Village.
Section 2. That the Village Manager is authorized to take all action necessary to implement
the Purchase and Sale Agreement, including the expenditure of appropriated funds in accordance
with the requirements of the Purchase and Sale' Agreement.
Section 3. That the Village Manager and Village Attorney are hereby authorized to execute
all documents necessary to complete the closing of the purchase and sale transaction in accordance
with the Purchase and Sale Agreement, and the Village Manager is authorized to execute all closing
statements and other instruments necessary to close the transaction.
Section 4. That this resolution shall become effective upon its adoption.
PASSED AND ADOPTED this 20th day of April
CONCHITA H. ALVAREZ, CMC, VILLAGE
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
RICHA JAY WEISS, VILLAGE ATTORNEY
103032\resolutionslapproving contract for purchase and sale of real property
2
JOE I. RASCO, MAYOR
RESOLUTION NO. 99-48
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING
PURCHASE AND SALE AGREEMENT BETWEEN THOMAS
H. WAKEFIELD, CHARLES FRED REBOZO AND MARY R.
BOUTERSE, AS SUCCESSORTRUSTEES OF THE CHARLES
G. REBOZO REVOCABLE TRUST UNDER REVOCABLE
TRUST AGREEMENT DATED JANUARY 20, 1989, AS
MODIFIED AND AMENDED, AND THE VILLAGE OF KEY
BISCAYNE; PROVIDING FOR PURCHASE OF CERTAIN
LANDS AND IMPROVEMENTS BY THE VILLAGE;
AUTHORIZING VILLAGE MANAGER TO EXECUTE THE
CONTRACT ON BEHALF OF THE VILLAGE;
AUTHORIZING VILLAGE MANAGER TO TAKE ALL
ACTION NECESSARY TO IMPLEMENT THE CONTRACT;
AUTHORIZING VILLAGE MANAGER AND VILLAGE
ATTORNEY TO TAKE ALL ACTION NECESSARY TO
CLOSE THE PURCHASE AND SALE TRANSACTION;
PROVIDING FOR EFFECTIVE DATE; SUPERCEDING
RESOLUTION NO. 99-29 ON THE SAME SUBJECT.
WHEREAS, the Village desires to purchase certain lands and improvements from Thomas
H. Wakefield, Charles Fred Rebozo and Mary R. Bouterse, as Successor Trustees of the Charles G.
Rebozo Revocable Trust under Revocable Trust Agreement dated January 20, 1989, as modified and
amended (the "Trust"); and
WHEREAS, the Village Council finds that the approval of the Purchase and Sale Agreement
is in the best interest of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. That the Purchase and Sale Agreement (the "Purchase and Sale Agreement"), in
substantially the form attached hereto, between the Village and the Trust is hereby approved and the
Village Manager and Village Clerk are authorized to execute such Purchase and Sale Agreement, -
in their respective capacities, on behalf of the Village.
Section 2. That the Village Manager is authorized -to -take all action necessary to implement
the Purchase and Sale-Agreernent, including the expenditure of appropriated funds in accordance
with the requirements of the Purchase and Sale Agreement_
Section 3. That the Village Manager and Village Attorney are hereby authorized to execute
all documents necessary to complete the closing of the purchase and sale transaction in accordance
with the Purchase and Sale Agreement, and the Village Manager is authorized to execute all closing
statements and other instruments necessary to close the transaction.
Section 4. That this resolution shall supercede Resolution No. 99-29, on the same subject
matter.
Section S. That this resolution shall become effective upon its adoption.
PASSED AND ADOPTED this 1 1 th day of May , 1999.
JOE I. RASCO, MAYOR
CONCHITA H. ALVAREZ, CMC, VILLAGE CL
APPROVED AS TO FORM AND I.FGAL SUFFICIENCY:
RICHARD JAY WEISS, VIII AGE ATTORNEY
103032Vcsotutions1pu chase and sale agreement between wakcrield and rebozo
RESOLUTION NO. 99-63
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING
PURCHASE AND SALE AGREEMENT BETWEEN THOMAS
H. WAKEFIELD, CHARLES FRED REBOZO AND MARY R.
BOUTERSE, AS SUCCESSOR TRUSTEES OF THE
CHARLES -G. REBOZO REVOCABLE TRUST UNDER
REVOCABLE TRUST AGREEMENT DATED JANUARY 20,
1989, AS MODIFIED AND AMENDED, AND THE VILLAGE
OF KEY BISCAYNE; PROVIDING FOR PURCHASE OF
CERTAIN LANDS AND IMPROVEMENTS BY THE
VILLAGE; AUTHORIZING VILLAGE MANAGER TO
EXECUTE THE CONTRACT ON BEHALF OF THE
VILLAGE; AUTHORIZING VILLAGE MANAGER TO TAKE
ALL ACTION NECESSARY TO IMPLEMENT THE
CONTRACT; AUTHORIZING VILLAGE MANAGER AND
VILLAGE ATTORNEY TO TAKE ALL ACTION
NECESSARY TO CLOSE THE PURCHASE AND SALE
TRANSACTION; PROVIDING FOR EFFECTIVE DATE;
SUPERCEDING RESOLUTION NO. 99-48 ON THE SAME
SUBJECT.
WHEREAS, the Village desires to purchase certain lands and improvements from Thomas
H. Wakefield, Charles Fred Rebozo and Mary R. Bouterse, as Successor Trustees of the Charles G.
Rebozo Revocable Trust under Revocable Trust Agreement dated January 20, 1989, as modified and
f t
amended (the "Trust"); and
WHEREAS, the Village Council finds that the approval of the Purchase and Sale
Agreement is in the best interest of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section I. That the Purchase and Sale Agreement (the "Purchase and Sale Agreement"), in
substantially the foiiu attached hereto, between the Village and the Trust is hereby approved and the
Village Manager and Village Clerk are authorized to execute such Purchase and Sale Agreement,
in their respective capacities, on behalf of the Village.
Section 2. That the Village Manager is authorized to take all action necessary to implement
the Purchase and Sale Agreement, including the expenditure of appropriated funds in accordance
with the requirements of the Purchase and Sale Agreement.
Section 3. That the Village Manager and Village Attorney are hereby authorized to execute
all documents necessary to complete the closing of the purchase and sale transaction in accordance
with the Purchase and Sale Agreement, and the Village Manager is authorized to execute all closing
statements and other instruments necessary to close the transaction.
matter.
Section 4. That this resolution shall supercede Resolution No. 99-48, on the same subject
Section S. That this resolution shall become effective upon its adoption.
PASSED AND ADOP l'ED this 20th day of July, 1999.
JOE I. RASCO, MAYOR
ATTEST:
0,b-ock-CAKK CQuoivir_2:x
CONCHITA H. ALVAREZ, CM AGE CI .ERK
APPROVED AS TO FORM AND LFGAL SUFFICIENCY
RICHARD JY 4 , V AGE ATTORNEY
t03032\agreements\purchase and sale agreement between wakefield and rebozo
6
September 16, 1999
Village Attorney. The Attorney presented to the Council a proposed ordinance of the Village of Key
Biscayne creating code section entitled cable television requiring all cable television providers
operating in the Village to obtain a franchise from the Village; providing for franchise requirements
and establishing minimum standards of service.
The Attorney addressed the Council regarding the date for the second budget hearing. Due to
Hurricane Floyd, Miami -Dade County is having their second budget hearing on September 21, 1999.
According to the Florida Statutes no other community can have their hearing on the same date,
unless the Governor issues an emergency notice due to the Hurricane. The Clerk was directed to
look into this matter and advise the Council.
Village Clerk. The Deputy Clerk addressed the Council regarding the need to appoint a voting and
alternate voting delegates to the 1999 Congress of Cities to be held in Los Angeles, California on
November 30 to December 4, 1999. It was the consensus of Council to appoint Mayor Rasco, Vice
Mayor Han and Councilmember Fried since they are all attending this Congress.
Village Manager. The Manager addressed the Council regarding a report indicating petroleum
contamination on 580 Crandon Boulevard. Elaine Cohen, Weiss Serota Helfman and Edward Clark,
Clark Engineers & Scientists, Environmental Consultants for the Village, addressed the Council
regarding this issue.
Councilmember Fein made a_motionto give_ the Attorney_a_uthority_to request an extension -and to
terminate the contract if the request is denied. The motion was seconded by Vice Mayor Han and
approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried,
Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes.
The Manager presented to the Council a request from the Mashta Island Association for a 3 -way
stop sign along North and South Mashta Drives.
Councilmember Fried made a motion to authorize Miami -Dade County‘to study the above request.
The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote
was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and
Mayor Rasco voting Yes.
The Manager addressed the Council regarding the racoon issue.
Bob Skinner, 561 Sabal Palm Drive addressed the Council regarding this issue.
The Manager addressed the -Council giving an -update report- regarding the swimming pool. Staff will
have a subsequent report on this issue for the October Council Meeting.
Susan Krupnick, addressed the Council regarding this issue.
5 of 6
October 12, 1999
At this time it was the consensus of Council to discuss Item 11D5. The Attorney addressed the
Council regarding the acquisition of the 560 Crandon Boulevard property stating his
recommendation not to close on this property.
Elaine Cohen, Weiss Scrota Helfman Pastoriza & Guedes addressed the Council regarding
this issue.
Vice Mayor Han made a motion to terminate the contract to purchase the above mentioned property.
The motion was seconded by Councilmember Bass. Vice Mayor Han withdrew his motion.
There was extensive discussion from Council on this issue.
Councilmember Bass made a motion to terminate the contract to purchase the above mentioned
property. The motion was seconded by Mayor Rasco and failed by a 2-4 voice vote. The vote was
as follows: Councilmember Bass and Mayor Rasco voting Yes. Councilmembers Fein, Fried,
Oldakowski and Vice Mayor Han voting No.
Councilmember Fein made a motion to go ahead with the closing to purchase the above mentioned
property. The motion was seconded by Vice Mayor Han and approved by a 4-2 voice vote. The vote
was as follows: Councilmembers Fein, Fried, Oldakowski and Vice Mayor Han voting Yes.
Councilmember Bass and Mayor Rasco voting No.
Village Clerk. The clerk submitted the Certification of the Special Election held October 5, 1999.
Vice Mayor Han made a motion accepting the certification of the October 5, 1999 Special Election
results as presented by the Clerk. The motion was seconded by Councilmember Fein and adopted
I by a 5-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Vice Mayor Han
and Mayor Rasco voting Yes. Councilmember Oldakowski was out of the room at the time the vote
was taken.
Village Manager. The Manager submitted to Council a report regarding the proposed Fire Station.
John C. Gilbert, Chief of Fire Rescue, addressed the Council regarding the new proposed Fire
Station. At this time Chief Gilbert introduced the new Deputy Fire Rescue Chief, Franklin Barron.
The Manager addressed the Council announcing that the Finance Director has submitted -his -letter
of resignation.
The Manager addressed the Council reporting on the transportation issue within the Village. The
Chamber of Commerce will hold a -symposium regarding this issue within the next two weeks and
will have a final report to Council by the end of the year.
6 of 7
November 9, 1999
The motion to nominate Councilmember Oldakowski to serve as Vice Mayor failed by a 3-4 voice
vote. The vote was as follows: Councilmembers Fein, Fried and Councilmember Oldakowski voting
Yes. Councilmembers Bass, Broucek, Vice Mayor Han and Mayor Rasco voting No.
Vice Mayor Broucek made a motion to extend the meeting until 11:15 p.m. The motion was
seconded by Councilmember Oldakowski and approved by a 6-1 voice vote. The vote was as
follows: Councilmembers Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco
voting Yes. Councilmember Bass voting No.
The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED
AGREEMENT WITH THE FIRM OF MOYER & ASSOCIATES/SEVERN TRENT
ENVIRONMENTAL SERVICES FOR FINANCIAL SERVICES; PROVIDING FOR AN
EFFECTIVE DATE.
Councilmember Han made a motion to approve the resolution. The motion was seconded by
Councilmember Oldakowski.
Jim Ward, Vice President of Moyer & Associates addressed the Council regarding this
resolution.
The Manager addressed the Council regarding this resolution.
The resolution was approved by a 6-1 voice vote. The vote was as follows: Councilmembers Bass,
Fein, Fried, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. Councilmember Han
voting No.
10. REPORTS AND RECOMMENDATIONS: The following items were discussed:
Village Attorney. Elaine Cohen, Weiss Serota Helfman Pastoriza & Guedes addressed the Council
regarding the site at 560 Crandon Boulevard stating that the seller did not show up at the closing.
It was the consensus of Council to discuss this item again at the continuation of this meeting on
November 16, 1999.
6 of 7
November 16, 1999
Councilmember Han addressed the Council regarding illegal parking along Crandon Boulevard.
Chief of Police, Michael J. Flaherty addressed the Council. It was the consensus of Council to have
Councilmember Han work with the staff to find solutions to the parking problem.
Village Attorney. The Attorney addressed the Council regarding the property at 560 Crandon
Boulevard.
Councilmember Fried made a motion to authorize the Manager to execute an amendment to the
contract to extend the closing date for four months. The motion was seconded by Vice Mayor
Broucek and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Fried,
Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes.
The Attorney addressed the Council stating that an appeal in the Bergfors adv. Village of Key
Biscayne has been filed.
The Attorney addressed the Council regarding the easement for the Gardens of Key Biscayne -
Alhambra Association Inc. At this time, Manuel Arias, 217 Ffist Enid Drive addressed the Council.
The Attorney addressed the Council regarding Stiltsville
Village Clerk. The Deputy Clerk presented to the Council the proposed 2000 Council Meeting
schedule.
Councilmember Oldakowski made a motion to approve the schedule. The motion was seconded
by Councilmember Bass and approved by a 6-0 voice vote. The vote was as follows:
Councilmembers Bass, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes.
The Deputy Clerk presented to the Council their nominations for the Census Committee.
Councilmember Fried made a motion to approve the nominations for the Census Committee. The
motion was seconded by Vice Mayor Han and approvel by a 6-0 voice vote. The vote was as
follows: Councilmembers Bass, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco
voting Yes.
Village Manager. The Manager addressed the Council regarding a stop sign on West Wood Drive
at Ridgewood Road.
Councilmember Oldakowski made_a_motion_taputa 4waystop sign at West WoodandRidgewood
Roads. The motion was seconded by Councilmember Han and approved by a 6-0 vote. The vote
was as follows: Councilmembers Bass, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor
Rasco voting Yes.
5 of 6
March 14, 2000
Tt we the consensus of Council to direct the Attorney to address the issue of working hours as it
relates to the noise ordinance.
9. RESOLUTIONS: The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, CALLING A SPECIAL ELECTION ON A PROPOSED AMENDMENT TO
THE VILLAGE CHARTER, PURSUANT TO PETITION OF ELECTORS, PROPOSING
AMENDMENT OF CHARTER BY CREATING SECTION 4.14 "SPECIAL
ASSESSMENTS" TO REQUIRE PETITION OF PROPERTY OWNERS OR
REFERENDUM ELECTION OF PROPERTY OWNERS PRIOR TO IMPOSING SPECIAL
ASSESSMENTS; AND CALLING A SPECIAL ELECTION FOR THE PROPOSED
REPEAL OF ORDINANCE NUMBER 99-3, WHICH PROVIDED ENABLING
AUTHORITY FOR SPECIAL ASSESSMENTS FOR ROADS, WATER, STREET
LIGHTING, SANITARY SEWERS AND OTHER PUBLIC IMPROVEMENTS, AND FOR _
THE PROPOSED REPEAL OF ORDINANCE 99-9, WHICH AUTHORIZED THE
VILLAGE'S LOAN FROM THE STATE OF FLORIDA FOR THE SANITARY SEWER
PROJECT, PURSUANT TO REFERENDUM PETITIONS OF ELECTORS SEEKING THE
REPEAL OF ORDINANCE 99-3 AND ORDINANCE 99-9.
Councilmember Fried made a motion to approve the resolution. The motion was seconded by
Councilmember Han and approved by a 7-0 voice vote. The vote was as follows: Councilmembers
Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes.
At this time the Attorney addressed the Council requesting an Executive Session for Friday, March
17, 2000 at 8:00 a.m. to discuss the Tesaurus Holdings, Inc. and Fininvest Investment, Ltd. appeal.
Elaine Cohen, from the Village Attorneys' office addressed the Council regarding the request of a
one month extension to the purchase contract for 560 Crandon Boulevard. Councilmember Fried
made a motion to authorize such extension. The motion was seconded by Vice Mayor Broucek and
approved by a 6-1 voice vote. The vote was as follows: Councilmembers Fein, Fried, Han,
Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. Councilmember Bass voting No.
The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, IMPLEMENTING LIMITED EXEMPTION FROM NOISE -REGULATIONS
FOR CERTAIN HOLIDAY CELEBRATIONS PURSUANT TO SECTION 17-5(d) OF
CHAPTER 17 "NOISE" OF THE VILLAGE CODE; PROVIDING FOR EFFECTIVE
DATE. — —
7 of 9
April 11, 2000 ('
Village Attorney. The Attorney addressed the Council regarding the Fininvest settlement.
Elaine Cohen from the Attorney's office addressed the Council regarding a time extension of 90 days
for the contract to purchase the property at 560 Crandon Boulevard.
Councilmember Oldakowski made a motion to extend the time for the purchasing contract for the
property at 560 Crandon Boulevard to July 17, 2000. The motion was seconded by Vice Mayor
Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Fein,
Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes.
Village Clerk. The Clerk presented to the Council, for their information, an estimated cost for legal
advertising for the Special Election of May 16, 2000 to be approximately $25,873.40.
The Clerk reported that the Office of the Mayor had issued the following proclamations during the
month of March: proclaimirtthe week of March 27th, 2000 as Insurance Week; proclaiming March
21, 200 as Mayor Jose Guillermo Rodriguez Day; proclaiming the week of April 30, 2000 as Days
of Remembrance; proclaiming the week of May 7-13, 2000 as NOAA Week and proclaiming the
week of May 14, 2000 as Emergency Medical Services week.
Village Manager. The Manager presented to the Council an updated report regarding the Beach
Renourishment Project. It was the consensus of Council that Mayor Rasco and the Manager meet
with Commissioner Jimmy Morales regarding this project,
The Manager presented to the Council a letter from the Department of Community affairs regarding --
the Village's sidewalk project.
The Manager presented to the Council a letter from Reverend Jose L. Hernando, Pastor, St. Agnes
Catholic Church regarding the proposed plan for curbing on Harbor Drive.
11. OTHER BUSINESS/GENERA.L DISCUSSION: At this time Vice Mayor Broucek
addressed the Council regarding the recent fire at the Ocean Club. Chief of Fire Rescue John C.
Gilbert addressed the Council regarding this issue.
It was the consensus of Council to hold a Goals and Objectives Session on Wednesday, May 31,
2000 at 6:00 p.m. in the Council Chamber. _. _ ___
12. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and
events was presented to the Council.
13. ADJOURNMENT: The meeting was adjourned at 9:56 p.m.
6 of 7
July 11, 2000
The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING AN AMENDMENT TO THE AGREEMENTS WITH OBM
ARCHITECTS, SPILLIS, CANDELA & PARTNERS, AND THE STATE OF FLORIDA
DEPARTMENT OF MANAGEMENT SERVICES; DIRECTING THE VILLAGE
MANAGER TO ISSUE A REQUEST FOR PROPOSAL FROM ARCHITECTURAL
AND/OR PLANNING FIRMS WHO WISH TO ASSIST THE VILLAGE IN DEVELOPING
A PROGRAM FOR THE VILLAGE CHAMBER/COMMUNITY THEATER BUILDING;
PROVIDING FOR AN EFFECTIVE DATE.
Vice Mayor Broucek made a motion to approve the resolution. The motion was seconded by
Councilmember Fein.
Director Kurlancheek addressed the Council regarding this resolution. Julie Alvarez, 150
Sunrise Drive and Pat Weinman, 940 Marine Drive also addressed the Council.
There was extensive discussion from Council regarding this resolution.
The Attorney and the Manager addressed the Council regarding this resolution.
Raul Lastra, OBM Miami, Inc. addressed the Council.
The resolution was approved by a 7-0 roll call vote. The vote was as follows: Councilmembers Bass,
Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes.
At this time the Attorney requested the Council to hear Item 12B1. There was no objection to the
request.
Village Attorney. Elaine Cohen with Weiss, Scrota, Helfman Pastoriza and Guedes addressed the
Council regarding an extension for the purchase of the property at 560 Crandon Boulevard.
Councilmember Oldakowski made a motion to extend the closing of the property to September 7,
2000. The motion was seconded by Councilmember Fein and approved by a 7-0 voice vote. The
vote was as follows: Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and
Mayor Rasco voting Yes.
1I. ORDINANCES: The Clerk read the following ordinance, on second reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING
THE ISSUANCE OF NOT EXCEEDING $10,000,000 OF CAPITAL IMPROVEMENT
7 of 12
August 29, 2000
Village Attorney. The Attorney addressed the Council regarding the property at 560 Crandon
Boulevard requesting an additional extension. Vice Mayor Broucek made a motion to authorize the
Village Manager and Village Attorney to extend the closing date up to 14 days. The motion was
seconded by Councilmember Han and approved by a 6-0 voice vote. The vote was as follows:
Councilmembers Fein, Fried, Han, Oldakowski, Han, Vice Mayor Broucek and Mayor Rasco voting
Yes.
Village Clerk. The Clerk addressed the Council and the public infoiiiiing them that the following
candidates had qualified for the Municipal Election to be held on November 7, 2000: The
Honorables Joe I. Rasco and Michele Padovan for the Office of Mayor. The Honorables Martha F.
Broucek, Mortimer Fried and Gregory C. Han and Mr. Enrique Garcia, Ms. Adriana Guillen, Mr.
Ed Meyer and Mr. James L. Peters for the Office of Councilmember. There will only be a primary
election for the Office of Councilmember which will be held on October 3. The General Election
will be held on November 7, 2000.
The Office of the Mayor issued the following proclamation during the month of August: proclaiming
October 28, 2000 as "Make a Difference Day in Key Biscayne".
Village Manager. The Manager presented to the Council the bid results for the gazebo. Vice Mayor
Broucek made a motion to award the contract to Merkury Development. The motion was seconded
by Councilmember Fein and approved by a 6-0 voice vote. The vote was as follows:
Councilmembers Fein, Fried, Han, Oldakowski, Han, Vice Mayor Broucek and Mayor Rasco voting
Yes.
The Manager presented to the Council the Court's decision regarding the Fininvest court case.
The Manager addressed the Council giving an updated report regarding the Civic Center and the
Vista Parks.
The Manager addressed the Council regarding the September 5, 2000 Council Meeting.
Councilmember Fein made a motion to cancel the September 5, 2000 Council Meeting. The motion
was seconded by Councilmember Fried and approved by a 6-0 voice vote. The vote was as follows:
Councilmembers Fein, Fried, Han, Oldakowski, Han, Vice Mayor Broucek and Mayor Rasco voting
Yes.
9. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed.
10. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and
events was presented to the Council.
11. ADJOURNMENT: The meeting was adjourned at 11:10 p.m.
9 of 10
August 29, 2000
Res i • tfully submitted:
Conchita H. Alvarez, CMC
Village Clerk
Approved this 12th day of September , 2000:
Joe I. Rasco
Mayor
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL
WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT
PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE,
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE BASED.
10 of 10
September 12, 2000
Village Attorney. The Attorney addressed the Council regarding the property at 560 Crandon
Boulevard.
Village Clerk. The Clerk requested deferral of the appointment of a voting and alternate voting
delegates to the 2000 Congress of Cities to be held in Boston, Massachusetts on December 5 - 9,
2000 to the next Council meeting.
Village Manager. The Manager did not submit a report.
10. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and
events was presented to the Council.
11. ADJOURNMENT: The meeting was adjourned at 10:50 p.m.
ully submitted:
Conchita H. Alvarez, CIVIC
Village Clerk
Approved this 26th day of September , 2000:
Joe L Rasco
Mayor
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL
WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT
PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE,
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE BASED.
5 of 5
MINUTES
SPECIAL VILLAGE COUNCIL MEETING
VIII AGE OF KEY BISCAYNE, FLORIDA
TUESDAY, SEPTEMBER 19, 2000
COUNCIL CHAMBER
85 WEST MCINTYRE STREET, SECOND FLOOR
1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by
the Mayor at 8:10 a.m. Present were Councilmembers Scott Bass, Mortimer Fried, Alan H. Fein,
Gregory C. Han, Robert Oldakowski, Vice Mayor Martha F. Broucek and Mayor Joe I. Rasco. Also
present were Acting Village Manager Michael J. Flaherty, Village Clerk Conchita H. Alvarez and
Village Attorney Elaine Cohen.
The Mayor addressed the Council and the public stating that the Special Meeting was called in order
to discuss the status of the purchase by the Village of Key Biscayne of 560 Crandon Boulevard from
the Estate of "Bebe" Rebozo.
The Attorney addressed the Council regarding the agreement.
Councilmember Fein made a motion directing the Attorney to close on the property with the
following provisions: Purchaser shall receive a $50,000 credit against the purchase price; assignment
of Seller's claim against Amoco and Purchaser releases Seller from the indemnification provision.
The motion was seconded by Vice Mayor Broucek and approved by a 6-0 voice vote. The vote was
as follows: Councilmembers Bass, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco
voting Yes. Councilmember Fein had excused himself from the meeting at 8:38 a.m.
The closing for the purchase of the property at 560 Crandon Boulevard will be on Thursday,
September 21, 2000. It was the consensus of Council to request that the Engineer expedite the
I oft
September 19, 2000
cleanup of the property and that the Architect for the Fire Station start the permitting process as soon
as the Village closes on the above referenced property.
2. ADJOURNMENT: The meeting was adjourned at 8: 45 a.m.
Res ct ully submitted:
Conchita H. Alvarez, CMC
Village Clerk
Approved this26th day of September , 2000:
7
Joe L Rasco
Mayor
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL
WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT
PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE,
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE BASED.
2 of 2
WEISS SEROTA HELFMAN
PASTORIZA & GUEDES, P.A.
ATTORNEYS AT LAW
NINA L. BONISKE
JAMIE ALAN COLE
ECWARC G GUEDES
STEPHEN J. HELFMAN
GILBERTO PASTORIZA
JOSEPH H. SEROTA
RICHARD JAY WEISS
DAVID M. WOLPIN
STEVEN W ZELKC'WITZ
THOMAS J. ANSBRO•
LILLIAN ARANGO DE LA HOZ•
ALISON S. BIELER
MITCHELL A BIERMAN
MITCHELL J. BURNSTEIN
MIAMI-DADE OFFICE
2665 SOUTH BAYSHORE DRIVE
SUITE 420
MIAMI, FLORIDA 33133
TELEPHONE (305) 854-0800
TELECOPIER (305) 854-2323
WWW.WSH-FLALAW.COM
BROWARD OFFICE
31 I I STIRLING ROAD, SUITE B
FORT LAUDERDALE, FLORIDA 33312
TELEPHONE (954) 763-4242 • TELECOPIER (954) 764-7770
VIA HAND DELIVERY
Ms. Carolyn P. Greaves
Finance Assistant
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, Florida 33149
•OF COUNSEL
September 26, 2000
ELAINE M. COHEN
DOUGLAS R GONZALES
GERALD T HEFFERNAN
JOHN R. HERIN, JR.
CHRISTOPHER F KURTZ
PETER A. LICHTMAN
KAREN LIEBERMAN•
BERNARD S. MANDLER•
MARIE E MATO
GARY I. RESNICK
NANCY RUBIN•
GAIL D. SEROTA•
ARI C. SHAPIRO
JEFFREY P SHEFFEL
NANCY E. STROUD•
SUSAN L TREVARTHEN
DANIEL A WEISS
Village of Key Biscayne Purchase from the Estate of Rebozo
Dear Ms. Greaves:
In connection with the closing of the captioned transaction, I enclose the following:
(i) A copy of the signed Settlement Statement, together with the attached
Disbursement Schedule; and
(ii) Our firm's trust account check in the amount of $92,165.12 made payable to the
Village of Key Biscayne representing the excess funds wire transferred to our
trust account.
Please call me if you have any questions.
Very truly yours,
Elaine M. Cohen
EMC/jo
103 032
Encl.
cc: Mr. C. Samuel Kissinger (w/o encl.)
Richard Jay Weiss, Esq. (w/o encl.)
SETTLEMENT STATEMENT
SELLER. Thomas H. Wakefield, Charles Fred Rebozo and Mary R. Bouterse, as Successor Trustees of the Charles
G. Rebozo Revocable Trust under Revocable Trust Agreement dated January 20, 1989, as modified and
amended
BUYER: The Village of Key Biscayne, a Florida municipal corporation
PROPERTY: Attached hereto and made a part hereof as Exhibit "A"
DATE: September 21, 2000
BUYER CREDITS SELLER CREDITS
Purchase Price $3,255,500.00
Deposit $1,000.00
$50,000 Credit
re environmental contamination 50,000.00
Documentary Stamps on Deed 19,533.00
Surtax on Deed 14,649.75
Survey (1/2 of cost) 2,100.00
Title Search and Exam Fee
(P.O.C. $490.00)
Security Deposit
BFI Lease 2,130.00
Rent Proration (9/21 - 9/30)
BFI Lease
10 @ $68.387 683.87
Last Month's Rent BFI Lease 2,130.00
Tax Proration (1/1/00 - 9/21/00)
Parcel 1 -24-4232-001-0061 $16,249.35
Parcel 2 - 24-4232-001-0060 $22,771.25
Subtotal
Cash to Seller
$ 131,247.22
$3,124,252.78
1. Interest earned on the deposit to be paid to buyer by the Escrow Agent.
CHARLES G. REBOZO REVOCABLE
1TRUST UNDER REVOCABLE neusT
AGREEMENT dated January 20, 1989,
as modified and amended
Thomas H. Wakefield, Successor Trustee
VILLAGE OF KEY BISCAYNE. a F1 -.,rid
municipal corporation
By:
Michael J. F1ah‘tvf-Acting Village Manager
DISBURSEMENT SCHEDULE
Documentary Stamps on Deed
Surtax on Deed
Title Insurance Premium
Survey Endorsement
Contiguity Endorsement
Closing Fee
Recording Fees (Estimate)
Tax Proration (1/1/00 - 9/21/00)
Parcel 1 -24-4232-001-0061
Parcel 2 - 24-4232-001-0060
A-1 Tittle Support 7/10/00 Invoice
A-1 Tittle Support 9/20/00 Invoice
Title Search Update
Total
$19,533.00
14,649.75
10,713.75
100.00
100.00
200.00
100.00
$16,249.35
$22,771.25
45.00
45.00
75.00
$ 84,582.10
\\WSRPG-FS1\CLIENTS\103032\Final Closing Documents\Settlement Statement 9-21-00.doc
i
WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A.
1.O.T.A. TRUST ACCOUNT
2665 SOUTH BAYSHORE DRIVE, SUITE 420
MIAMI, FL 33133
F, , ,NC, ? 2 C NT,_' k!.
PAY
TO THE
ORDER
OF
.' ', 1 —.7 -1 -ow ow Balance
000276/0 1:06?0096461: 005504 189 211'
MELLON UNITED NATIONAL BANK
63-964/670 5
002761
NO.
LTi '.'i $92,165.12
DATE
AMOUNT
NFT\ fORAYDLIM
VILLAGE OF KEY BISCAYNE
Department of Finance and Administrative Services
'A Lzge CJunc:
jot i Rascn
Jartha Fden-Leon Broucek, Li r.11aior
Scocc Bas,
Alan Fl Fain
Mortimer Fned
Gregor C Han
Robert Olunkowskt
To C. Samuel Kissinger
Village Manager
From: Carolyn Greaves
Re Rebozo Closing
Date. October 2,2000
On September 19, 2000 we wired the sum of 83,300,000 00 to the Trust Account of Weiss, Scrota,
1lelfman et al, for the Rebozo closing, scheduled for September 21, 2000. The total sales price was
83 255,500.00, however, at the time of the wire, we did not know exactly how much the final cost would be
Sales Price
Less credits due us per closingstatement
S 3,255,500 00
(131 247 221
Cash to Seller S 3,124,252.78
Wire Transfer
Refund from Attorney
S 3,300.000 00
92.165 12
S 3,207,834.88
Seller (3.124252 78)
Difference S 83.582.10
Deposit held by attorney 1.000 00
Total S 84,582.10
Closing: Costs ( 31::82 10 )
S 0 00
85 West McIntyre Street • Key Biscayne, Florida 331-}9 • (305) 365-5511 • Fax (305) 365-8936
RCv. .._ _ C)t L.T', CO`,1,.1oti[T i EN% _RJV.,E. T cCR -LL [SLR uEFS—r.R�i'_�i 'ES.'O�_r3LE ;C EFa;.fE`.T"
ti'y EISS SEHOTA HELFMAN
PASTORIZA & GT EDES, P.A.
ATTORNEYS AT LAW
NINA BON ISKE
_AM'E ALAN COLE
EDWARD G 3UEDES
STEPHEN J. HELFMAN
GILBERTO PASTORIZA
JOSEP-i -{ SEROTA
RICHARD JAY 'NESS
DAVID M WOLP'N
STEVEN W. ZELKOWITZ
THOMAS J. ANSBRO`
LILLIAN ARANGO CE LA HOZ•
ALISON S BIELER
MITCHELL A. BIERMAN
MITCHELL J BURNSTE,N
MIAMI-DADE OFFICE
2665 SOUTH SAYSHORE DRIVE
SUITE 420
MIAMI, FLORIDA 33133
TELEPHONE (305 854-0800
TELECOPIER (306) 664-2323
WWW.WSH-FLALAW CO
BROWARD OFFICE
311 I STIRLING ROAD, SUITE B
FORT LAUDERDALE, FLORIDA 33312
TELEPHONE (954) 763-4242 • TELECOPIER (954) 764-7770
Mr. C. Samuel Kissinger
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, Florida 33149
OF COUNSEL
November 14, 2000
ELAINE M. COHEN
DOUGLAS R. GONZALES
GERALD T -'EFFERNAN
JOHN R. HERIN, JR.
CHRISTOP,-ER F. KURTZ
PETER. A. LICHTMAN
KAREN LIEBERMAN•
BERNARD S. MANGLER`
MARIE E. MATO
GARY I. RESNICK
NANCY RUBIN•
GAIL D. SERCTA`
ARI C. SHAPIRO
JEFFREY P SHEFFEL
NANCY E STROUD•
SUSAN L TREVARTHEN
DANIEL A WEISS•
Sale from Thomas H. Wakefield, Charles Fred Rebozo and Mary R. Bouterse,
as Successor Trustees of the Charles G. Rebozo Revocable Trust under
Revocable Trust Agreement, dated January 20, 1989, as amended and modified
(the "Seller"), to the Village of Key Biscayne (the "Village"), of property
located at 560 Crandon Boulevard, Key Biscayne, Florida
Dear Mr. Kissinger:
I enclose a summary of the Buyer expenses and Buyer credits in connection with the
captioned closing. However, the $1,000 credit to Buyer for the deposit should have been
disbursed to Seller and therefore the cash due Seller should have been $3,125,252.78 instead
of $3.124.252.78. Accordingly, please send me a refund check in the amount of $1,000 made
payable to Seller and I will remit same to Seller's counsel. For your information, I have also
enclosed a HUD -1 Settlement Statement summarizing the transaction.
Also enclosed is a copy of the Settlement Statement and Disbursement Schedule
executed at closing. The credits shown on the Settlement Statement for documentary stamp
tax. surtax and tax prorations were Seller's costs that were immediately disbursed to pay those
costs.
Mr. C. Samuel Kissinger
November 14, 2000
Page 2
I also enclose the following checks made payable to the Village:
(i) Cashier's check in the amount of $23.05 made payable to the Village
representing the interest on the deposit; and
(ii) Check in the amount of $10.50 representing the remaining funds in escrow.
Please call me if you have any questions.
Very truly yours,
Elaine M. Cohen
EMC/jo
Ends.
103.032
-\\ EISS SEROTA HELP -MAN
PASTORIZA & GLEDES, P. �.
Sale from Thomas H. Wakefield, Charles Fred Rebozo and Mary R Bouterse, as Successor
Trustees of the Charles G. Rebozo Revocable Trust under Revocable Trust Agreement, dated
January 20 1989, as amended and modified (the "Seller"), to the Village of Key Biscayne (the
"Village"), of property located at 560 Crandon Boulevard, Key Biscayne, Florida
SUMMARY OF BUYER EXPENSES AND CREDITS
BUYER EXPENSES
I
I
I
i
1
Purchase Price
Title Premium
Title Endorsements
Closing Fee
Recording Fees
A-1 Title Support Invoices
Title Update
Total
BUYER CREDITS
3,255,500.00
10,713 75
200.00
200.00
89.50
90.00
75 00
3,266,868 25
Environmental Contamination 50,000.00
Deposit 1,000.00
1/2 Survey Expense 2,100.00
BFI Security Deposit 2,130 00
BFI Last Month's Rent 2,130.00
BFI Rent Proration 683.87
Total 58,043.87
Amount In Trust 3,301,000.00
($3,300,000 wire transfer + $1,000 deposit)
Expenses Less Credits (3,208,824.38)
Total 92,175.62
Escrow Refund (92,165 12)
TOTAL remaining in Trust 10 50
HUD - 1 UNIFORM SETTLEMENT STATEMENT OMSB Approval No 2502-3255
S DEP?R I.l ENT OF HOUSING AN D j RD AN DEVELOPMENT SETTLEMENT ST 2 EME ti =
TYPE OF LOAN
3 Cum Ur s.
1 `i FHA
4 VA
2 EmE A
5 Corn In.:
I 6 Fie Number 7 Loan Number
1N20 2
8 Mortgage Insurance Case Number
C NOTE This form .s furnished to _ive a cu a statement of actual settlement moats Amounts paid to and by the settlement agent are shown Items marked "lip o c )"
ere ,aid outside 'the .:ios the: are shown here for .riforrriationai purposes and are not inc:uaea in the totals.
NOTE TIN = Taxnater's Identification Number
b NAME AND ADDRESS OF BORROWER. E NAME, ADDRESS AND TIN OF SELLER
rt+ti- e Tf� _aCc o= Rev Evsoavne
ES West SIr___t _ St., Miami,
Florida 33149
Estate o5 ' Eene" - ebozo
r NAME AND ADDRESS OF LENDER
3. PROPERTY LOCATION
H SETTLEMENT AGENT NAME, ADDRESS AND TIN
Weiss Serota Helfman et al
2665 S. Bayshore Drive Suite 420, Miami, FL 33133
PLACE OF SETTLEMENT
2665 S. Bayshore Drive, Suite
420, Miami, FL 33133
I. SETTLEMENT DATE
09/21/2000
.T. SUMMARY OF BORROWER'S TRANSACTION
K. SUMMARY OF SELLER'S TRANSACTION
00. GROSS AMOUNT DUE FROM BORROWER:
400 GROSS AMOUNT DUE TO SELLER
0 1 Contract sales price
3, 2
5 5, 5
0 0. 0
0
401 Contract sales price
3, 255,500 .00
b2. Personal property
402 Personal property
03 Settlement charges to borrower ( Line 1.400)
11, 3
6 8 . 2
5 I
403
04
404
05
405
Adjustments for items paid by seller in advance
-gdlustments for items paid by seller in advance
t06 City/town taxes
406 City/town taxes
07 County taxes
407 County taxes
08 Assessments
408 Assessments
b9
I 409
X10
410
1 1
411
12
412
20 GROSS AMOUNT DUE FROM BORROWER
3, 2
6 6, 8
60 . 2
5
420 GROSS AMOUNT DUE TO SELL ER
3,2E5,500.00
10. AMOUNTS PAID BY OR IN BEHALF OF BORROWER:
500 REDUCTIONS IN AMOUNT DUE TO SELLER_
•) 1 Deposit or earnest money
1 , 0 0 0 . 0 0
501 Excess deposit
p2 Principal amount of new loan(s)
502 Settlement charges to seller (Line 1400)
73 , 2 0 3 . 3 5
33 Existing loan(s) taken suhlectto
503 Existing loan(s) taken subject to
34
504 Payoff of first mortgage loan
)5
505 Payoff of second mortgage loan
)6 Environmental Contamination
50,000.00
506 Environmental Contamination
50,000.00
57 1/2 Survey Expense
2,100.00
507 1/2 Survey- Exrnense
2,100.00
508
�i
9
509
Adjustments for items unpaid by seller
Ad(ustments for items unpaid by seller
.0 City/town taxes
510 City/town taxes
11 County taxes
511 County taxes
12 Assessments
512 Assessments
13
513
4
514
5
515
6 EFI Security Detsosit
30.00 516 BFI Secura tv Decos_t
"2,130.00
7 BEI Last Month's Rent
2,130.00
517 EFT Last Month's Rent
2,130.00
8 SFI Pent Proration
683.87 513 BFI Rent prcrataon
I 583.57
9
519
0 TOTAL PAID BY FOR BORRO i ER
0 4 3 8 0 1 520 TOTAL REDUCTION AMOUNT DUE SELLER 130 2 47 . 22
0. CASH AT SETTLEMENT FROM/TO BORROWER
I Gross amount due from borrower (Line 120) 13 , 265, 5 _ . 25
2 Less amount paid b,,for borrower (Line 220) i =,.,0z.'.8-
-4
C.I.SH=RCM 302?Orr7EP Ci 298 .24.38
600 CASH AT SETTLEMENT FROMJTO SELLER
601 Gross amount due to seller (Line 120)
602 Less reauction m amount due seller Li, 5201
603 CASH TO "7
25= 500. DC
I 130,G4_.2%
13,12:5 75_.78
SELLERS STATEMENT
vie information contained in Blocks E. G. H. and I and en line 101 (or if line 401 is asteriskea, line. 403 and 101) is Important tax information and is being furnished to the
temal Revenue Sex. ice isee Seller Certification) If ; ou are recuiren to the a return. a negligence penalty or other sanction's ill be unposed on :ou if this item is required
be reported and the IRS determines that .t has not been reported You are required to prootee the Settlement Agent with a our correct ;aspa, er identification number If: ou
not provide the Settlement Agent with our correct taxcaser .dentifcauon nurnoer. :ou mar he suoiect to cirii or cruninai penalties imposed lea lay. Under penalties of
.r]ury I cert:_'-. that :he nurnoer shown en this statement is no. correct asparer icent. ication number
Sealers Signature/
Estate of "Sei e'' Reoo:o (Seller sSignaturei
E. _S': SOFT. :nc .95) Previous editions are absolve
P ,ro 1
L. SETTLEMENT CHARGES
700 TOTAL SALES,BROKER's COMMISSION based on price S 3 , =5 5 5 _ 0 0
Di'-isiori tt 00rarrasston (line ,00) ass foilo,s
702 j
03 Cemrr .:sion paid at Settlement
800 ITEMS PAYABLE IN CONNECTION WITH LOAN
SO I Loan Origination Fee 5
04
P. -.ID FROM' j PA_ID F20'.I
BORROWER'S SELLER'S
F0000S AT FUNDS AT
SETTLEMENT SETTLEMENT
02 Loan Discount S
03 -looraisal Fee :o
804 Credit report to
SO5 Lender's Inspectior.Fee
06 Mfortgaee Insurance Application Fee to
107 assumption Fee t
X08 f
309
,
iI0
I1
00. ITEMS REQUIRED BY LENDER ro BE PAID IN AM, ‘NCF.
101 Interest from
_
)02 Mortgage Insurance Premium for
Hazard insurance Premium for
103
04
05
000. RESERVES DEPOSITED WITH LENDER
001 Hazard insurance
002 Mortgage insurance
1003 City Property Taxes
004 County Property Taxes
005 Annual assessments
06
007
008 4i;i;reuate Accounting Adjustment
100. TITLE CHARGES
101 Settlement or closing fee to Weiss Serota Hellman et al
200-00
102 Abstract or title search toChicaao Title Ins. (Title Update)
75.00
10-3 Title Examination to
104 Title insurance binder to
105 Document preparation to
I06 Notary tees to
07 &ttomev's tees to
-
(includes line numbers •
•
105 Title Insurance to Chicago Title Insurance
10, 913.75
(includes line numbers: Sur:fey End. ($ 1 0 0 ) , Contiaua ty End. (5100 )
(19 Lender's coverage 5 0 . 0 0
10 Owner's coverage 5 3 2 5 5 5 0 0. 0 0
111
112
13
011. GOVERNMENT RECORDING AND TRANSFER CHARGES
..01 Recording fees Deed S 8 9. 5 0 Mortgage S Release 5 8 9. 5 0
202 City/cnty tax/stamps• Deed S Mortgage S
p03 State taxistamps Deed 5 19 , 5 3 3. 0 0 Mortgage S
19 , 5 3 3 0 0
04 Surtax on Deed l
14; 649.75
.05
300 ADDITIONAL SETTLEMENT CHARGES
101 Survey to
02 Pest inspection to
03 A-1 Len
9.0. ()0
304 Proratec Peal Estate Taxes
305
06
a07
39,020.60
08
400 TOTAL SETTLEMENT CHARGES (enter on lines 103. Section I and 502. Section IC - - , 3 6 8 . 2 5 I 73, 203 .35
FRTIFICATIO V I have carenilly reviewed the HUD -1 Settlement Statement anc to the best of my knowledge ana belief. it is a true and accurate statement of all receipts anc
soursernents made on m', account or by me in this transaction I further certify that I recer.ed a copy of the ilia -t Settlement Statement.
ielle. ,state of i'3ere" Peccac
Borross,er
The ' oe of e`r ca ;rue.
>eiier
Borrower
=U. I Settlement Statement •.cbicn I a-. e preparee ,s a true ana accurate account of the dines aiscursee or to be disoursea bs'the indersig,.ea as part of the settlement of
rs transaction
09/ 2=,'22CC
1enterlent -sent Weiss Sero,ta _ Lfman et a— Date
? \ 11 G it is a crime to knowuigix make false statements to the United States on .his or ane_ other similar form Penalties upon conviction can include .r tine ana
spr:sonment For details see. Title 18 i= S Code Section 1001 and Section 1010
i -lC C(3FT Inc- 1 `)a9 Pre,iniic n,t,nnc "r, „hcrl�r�
"'ITT FMiYT STATE.' -ANT
SELLER.
Thomas H. Wakefield, Charles Fred Rebozo and Mary R. Bouterse, as Successor Trustees of the Charles
G. Rebozo Revocable Trust under Revocable Trust Agreement dated January 20, 1989, as modified and
amended
BUYER: The Village of Key Biscayne, a Florida municipal corporation
PROPERTY: Attached hereto and made a part hereof as Exhibit "A"
DATE• September 21, 2000
BUYER CREDITS SELLER CREDITS
Purchase Price $3,255,500.00
Deposit $1,000.00
$50,000 Credit
re environmental contamination 50,000.00
Documentary Stamps on Deed 19,533.00
Surtax on Deed 14,649.75
Survey (1/2 of cost) 2,100.00
Tide Search and Exam Fee
(P 0 C. $490.00)
Security Deposit
BFI Lease 2,130.00
Rent Proration (9/21 - 9/30)
BFI Lease
10 @ $68.387 683 87
Last Month's Rent BFI Lease 2,130,00
Tax Proration (1/1/00 - 9/21/00)
Parcel 1 -244232-001-0061 $16,249.35
Parcel 2 - 24-4232-001-0060 $22,771.25
Subtotal $ 131,247.22
Cash to Seller $3,124,252.78
1. Interest earned on. the deposit to be paid to buyer by the Escrow Agent.
CHARLES G. REBOZO REVOCABLE
TRUST UNDER REVOCABLE TRUST
AGREEMENT dated January 20, 1989,
as modified and amended
By -
Thomas H. Wakefield, Successor Trustee
VILLAGE OF KEY BISCAYNE, a Florida
municipal corporation
By:
Michael_ J. Flah -f-ccting Village Manager
DISBURSEMENT SCHEDULE
Documentary Stamps on Deed $19,533.00
Surtax on Deed 14,649.75
Title Insurance Premium 10,713.75
Survey Endorsement 100.00
Contiguity Endorsement 100.00
Closing Fee 200.00
Recording Fees (Estimate) 100.00
Tax Proration (1/1/00 - 9/21/00)
Parcel 1 -24-4232-0Q1-0061 $16,249.35
Parcel 2 - 24-4232-001-0060 $22,771.25
A -I Tittle Support 7/10/00 Invoice 45.00
A-1 Tittle Support 9/20/00 Invoice 45.00
Title Search Update 75.00
Total $ 84,582.10
\WS} G -FS 1\CLIENTS\ 103033\Final Closing Documents\Sealement Statement 9-21-OO.doc
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* * * * * V I L L A G E O F K E Y B I S C A Y N E * * * * *
T H E S U M O F * * T w e n t y T h r e e D o l l a r s a n d F i v e C e n t s * *
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M E M O - a W l } I s s s E R O T A H E - L r - M A N - - P A S T o R - 1 - B A & C T O D s s , P . A
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N O N - N E G O T I A B L E
WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A.
PAY
TO1HE
ORDER
OF
I.O.T.A. TRUST ACCOUNT
2665 SOUTH BAYSHORE DRIVE, SUITE 420
MIAMI, FL 33133
MELLON UNITED NATIONAL BANK
***Ten and 50/100 Dollars****************
Village of Key Biscayne
103.032; Refund of Trust Balance
63-964/670 5
002818
NO.
11/9/2000 $10.50
DATE
n'00 28 L611' I:06700961,6': 00550, L89 211'
AMOUNT
VILLAGE OF KEY BIS CAYN E
_..�; (_dr_'u ICS
_IOC 1 R:SCC _fir%.", U]'
[.:.rig., _J z-L.on 5rouc,.-t: t:,c_tLz,or-
ScorJ Bass
?,lun F-i F,:n
i.[orumcr Fncd
�e�on C
Ronerr Ol�i..koiv .n
Department of Finance and Administrative Services
December 2000
Elaine M. Cohen, Esq.
Weiss Scrota Helfman Pastoriza & Guedes, PA
2665 South Bayshore Dnve, Suite 420
Miami, Flonda 33133
Re: Sale from Thomas H. Wakefield, Charles Fred Rebozo and
Mary R Bouterse as Successor Trustees of the Charles G.
Rebozo Revocable Trust under RTA dated 1/20/1989
Dear Elaine:
We are enclosing, our expense check #-23133 in the amount of S1,000 00, representing a credit
due on the above captioned closing.
cn�
cc:
Thank you. If you have any questions, please do not hesitate to contact us.
C. Samuel Kissinaer
illaae Manager
S ine-exeIV,
r
a1 €L
Carolyn P. Greaves
Finance Manager
85 West McIntyre Street - Key Biscayne, Florida 33149 • (305) 365-5511 Fax (305) 365-8936
VILLAGE OF KEY BISCAYNE
CHECK REQUEST FORM
2001 BUDGET
Date of Request 11/15)2000
AMOUNT. $1,000.00
Name. Thomas H Wakefiled. Charles Fred Rebozo and Mary R. Bouterse, as Successor
Trustees of the Charles G. Rebozo Revocable Trust under Revocable Trust Agreement dated1120/89
Address:
City, State, Zip
`Telephone:
Purchase Order Number
Account Number
Purpose/Description: Refund due Seller in re: Rebozo Land Acquisition, as outlined in letter
from Elaine Cohen of Weiss Serota, et al
Prepared by: CAROLYN GREAVES_
BUDGET CODE NUMBER
Invoice No. Invoice Date
AMOUNT
CIVIC CENTER FUND # 302
00 539 61.100
Rebozo Land Acquisition
1,000.00
TOTALS $ 1,000.00
FUNDS AVAILABLE.
Finance Dept
I Approved
Department Head
Yes No
Date Processed
Check Number
Check Signed by:
Village Manager Village Clerk
illage of Key Biscayne
CLEARING ACCOUNT
85'N McIntyre Street
Key Biscayne, Fonda 33149
CAI E
12/C1/CD
X X
CrE'CK ^4C
AMOUNT
SE TRUST
Sir -^_S NacK 'A,arr
023133
53.E0
E '71 7n ZAlla
Er:GIBIT "A"
LEGAL DESCRIPTION
PARCEL I
A portion of Tract 4, "MATHESON ESTATE KEY BISCAYNE", according to the Nat thereof, as recorded
in Plat Book 34 at Page 34, of the Public Records of Dade County, Florida, being more particularly described
as follows: Ben at the intersection of the South line of said Tract 4 of "MATHESON ESTATE KEY
BISCAYNE", with the East line of Femwood Road, as the same is shown on the plat of "TROPICAL ISLE
HOMES SUBDIVISION", as recorded in Plat Book 50, at Page 64, of the Public Records of Miami -Dade
County, Florida; thence Northerly along the East line of said Fernwood Road, being also a circular curve to
the right having a radius of 1666.37 feet and a central angle of 06 degrees 59 minutes 56 seconds for an arc
distance of 203.55 feet to a point of compound curvature; thence Northeasterly and Easterly along a circular
curve to the right having a radius of 25.00 feet and a central angle of 83 degrees 00 minutes 04 seconds for an
arc distance of 36.22 feet to a point of tangency, the same being a point on the South line of West McIntyre
Street, as the same is shown on said plat of "TROPICAL ISLE HOMES SUBDIVISION"; thence due East
along the South line of said West McIntyre Street for a distance of 168.46 feet to a point; thence South for a
distance of 225.00 feet, to a point on the South line of said Tract 4 of said "MATHESON ESTATE KEY
BISCAYNE"; thence West along the South line of said Tract 4 of "MATHESON ESTA KEY BISCAYNE"
for 205.69 feet to the Point of Beginning lying and being in Section 5, Township 55 South, Range 42 East,
Miami -Dade County, Florida.
Folio No. 24-4232-001-0061
PARCEL 2
A portion of Tract 4, "MATHESON ESTA LE KEY BISCAYNE", according to the Plat thereof, as recorded
in Plat Book 34 at Page 34, of the Public Records of Dade County, Florida, being more particularly described
as follows: Bergin at the intersection of the South line of said Tract 4 of "IVIATI-LESON ESTATE KEY
BISCAYNE", with the West line of Crandon Boulevard, as same is shown on the Nat of "TROPICAL ISLE
HOMES SUBDIVISION", as recorded in Plat Book 50 at Page 64, of the Public Records of Miami -Dade
County, Florida; thence Northerly along the West line of the aforesaid Crandon Boulevard and along a
circular curve to the right having a radius of 1266.37 feet and a central angle of 08 degrees 54 minutes 34
seconds for an arc distance of 196.92 feet to a point of reverse curvature; thence Northwesterly and Westerly
along a circular curve to the left having a radius of 25.00 feet and a central angle of 98 degrees 54 minutes 34
seconds for an arc distance of 43.16 feet to a point of tangency; thence due West along the South line of West
McIntyre Street, as the same is shown on the aforesaid plat of " FROPICAL ISLE HOMES SUBDIVISION",
for a distance of 184.93 feet; thence South for 225.00 feet to a point on the South line of said Tract 4 of
"MATHESON ESTATE KEY BISCAYNE"; thence due East along the South line of said Tract 4 of
"MATHESON ESTATE KEY BISCAYNE" for a distance of 194.35 feet to the Point of Beginning, lying and
being in Section 5, Township 54 South, Range 42 East, Miami -Dade County, Florida.
Folio No. 24-4232-001-0060
AC S.F. Cost Cost S.F.
SunTrust 2.19 95.396 S3,482,500 S36.5055
Rebozo 2.082 90,079 $3,255,000 $36.14
RUG 29 2001 8:35Af1 HP LRSERJET 3200
P-2
S unTrust
Rebozo
bi Oa —
AC , SF
Cot
Cost S.F.
To -��_ , y 6 93 5
�2.- ?-- 61.S7 -?-q
94,655 $3,482,500 436.7945
2,082 86;68-2 $3,255,000
N
536,13-37
r
?eta o 2 o
q0 iDWIC q
r -r- zV
v`:`,4-'-ddli rci-
,_, ,-,,,,,-,,s-,,,---,
=_ sa, i
civ, 9c1
c-EAG Qr\ Cam_
4
4-fr Ci
Complete file is available in the Office of the Village Clerk
INDEX TO CLOSING BINDER
This Closing Binder contains documents in connection with the closing for the purchase
by the Village of Key Biscayne, a Florida municipal corporation ("Buyer") from Thomas H.
Wakefield. Charles Fred Rebozo and Mary R. Bouterse, as Successor Trustees of the Charles
G. Rebozo Revocable Trust under Revocable Trust Agreement dated January 20, 1989, as
modified and amended (the "Seller") The closing was held on September 21. 2000 at the
offices of Weiss Serota Helfman Pastoriza & Guedes. P A . 2665 South Bayshore Drive, Suite
420, Miami, Florida 33133.
The following documents contained herein in connection with the closing are originals.
unless otherwise noted:
VOLUME I — PURCHASE AND SALE AGREEMENT
1. Purchase and Sale Agreement dated as of June 31, 1999, entered into between
the Village of Key Biscayne and Thomas H. Wakefield, Charles Fred Rebozo
and Mary R. Bouterse, as Successor Trustees of the Charles G. Rebozo
'Revocable Trust under Revocable Trust Agreement dated January 20, 1989, as
modified and amended Nidna Group Corporation (copy).
2 First Amendment to Purchase and Sale Agreement dated as of October 19, 1999
(copy) .
3. Second Amendment to Purchase and Sale Agreement dated as of March 22,
2000 (copy).
4. Third Amendment to Purchase and Sale Agreement dated as of April 17, 2000
(copy).
5 Fourth Amendment to Purchase and Sale Agreement dated as of July 17, 2000
(copy).
6. Fifth Amendment to Purchase and Sale Agreement dated as of September 7,
2000 (copy)
7. Sixth Amendment to Purchase and Sale Agreement dated as of September 21,
2000 (copy).
VOLUME II — CLOSING DOCUMENTS
8. Warranty Deed dated as of September 21, 2000 recorded on September 22,
2000 in Official Records Book 19293 at Page 2970 of the Public Records of
Miami -Dade County. Florida.
9. Quit Claim Deed dated as of October 20. 2000 recorded on October 25, 2000 in
Official Records Book 19337 at Page 2278 of the Public Records of Miami -
Dade County. Florida.
10 Settlement Statement
11 Chicago Title Insurance Company Owner's Policy No. 10250710600000017.
12. Bill of Sale
13. Disclosure Affidavit dated September 21, 2000 recorded on September 27, 2000
in Official Records Book 19301 at Page 1139 of the Public Records of Miami-
• Dade County. Florida.
14. Title Affidavit as to Tnist Agreement dated September 20, 2000 recorded on
September 22, 2000 in Official Records Book 19293 at Page 2975 of the Public
Records of Miami -Dade County, Florida.
15. Seller's No -Lien Possession and Gap Affidavit.
16. Non -Identity Affidavit recorded on September 22, 2000 in Official Records
Book 19293 at Page 2976 of the Public Records of Miami -Dade County,
Florida.
17. Affidavit executed by Thomas H. Wakefield dated September 20, 2000.
18. Certification of Non -Foreign Status Entity of Transferor.
19. General Assignment.
20. Trust Certification.
21. Assignment of Leases and Security Deposits.
22. Assignment of Claims.
23 Name Display Covenant dated as of September 21, 2000 recorded on September
22, 2000 in Official Records Book 19293 at Page 2978 of the Public Records of
Miami -Dade County, Florida.
24. Survey prepared by Ford Amentero and Manucy, Inc. dated 8-27-99, Project
No. 99-259.
25. Affidavit of Surveyor.
26. Tenant Letter.
27. Appraisal Report prepared by Quinlivan Appraisal, P.A. dated as of October 8,
1997 (copy).
F ,1U3U321Indee to Clucma Documents doe