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<br />"'l <br /> <br />WHEREAS, on or about February 9, 2005, the Attorney General of State of Florida <br />opined that the School Board could not use its eminent domain powers to obtain a fee simple title <br />to the site in order to transfer the site to the City; and <br /> <br />WHEREAS, the City wishes to have a public school within its boundaries and has <br />requested that the School Board use its eminent domain powers to acquire the aforementioned <br />prime site; and <br /> <br />WHEREAS, the School Board has agreed to use its eminent domain powers to acquire <br />the site on the condition that the City provide the School Board with a certain amount of funds <br />for the acquisition of the site; and <br /> <br />WHEREAS, the School Board and its site selection committee have determined that the <br />site will be used for the construction of a school adjacent to a City park; and <br /> <br />WHEREAS, the School Board has further agreed to use the "quick take" condemnation <br />process to acquire the site if the site is not able to be acquired through contract sale; and <br /> <br />WHEREAS, the City Commission of the City of Sunny Isles Beach has agreed to tender <br />to the School Board eight million five hundred thousand dollars ($8.5 million) for the acquisition <br />of the site through purchase or condemnation proceedings; and <br /> <br />WHEREAS, the City agrees to provide the monetary tender to the School Board upon the <br />execution of a contract for sale for the site or upon an order of taking being issued for the site; <br />and <br />WHEREAS, the City Commission and the School Board have determined that it shall <br />serve the public interest to work collectively in seeking to construct a public school within the <br />City of Sunny Isles Beach; and <br /> <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />Section 1. Incor:poration of Recitals. The foregoing "Whereas" clauses are hereby ratified and <br />confirmed as being true and correct and are hereby made a specific part of this Resolution hereof. <br /> <br />Section 2. Approval of Tender. The City Commission hereby approves the tender of eight <br />million five hundred thousand dollars ($8.5 million) to the School Board for the acquisition of <br />2.1 acres of land located at 182 Drive and Atlantic Boulevard through purchase and/or <br />condemnation proceedings. <br /> <br />Section 3. Termination of Tender. The City and the School Board acknowledge and agree <br />that the City has the right to revoke the aforementioned tender under the following <br />circumstances: (a) the School Board does not select the site as the site for the k-8 school; (b) the <br />School Board is not able to acquire the site through purchase and/or condemnation proceedings; <br />(c) the School Board fails to utilize the "quick take" condemnation process to acquire the site; (d) <br />the School Board fails to initiate condemnation proceedings to acquire the site within a year from <br /> <br />School Board Tender Resolution Page 2 of 3 <br />