HomeMy WebLinkAboutCRA-R-20-0031 Exhibit AExhibit "A"
Executed Purchase Agreement for Temporary Easement
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PURCHASE AGREEMENT
ITEM SEGMENT NO.:
DISTRICT:
FEDERAL PROJECT NO
STATE ROAD NO.:
COUNTY:
PARCEL NO.:
Seller: Southeast Overtown/Park West Community Redevelopment Agency
Buyer: State of Florida, Department of Transportation
251688-1
6
N/A
836/1-395
Miami -Dade
704
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Buyer and Seller hereby agree that Seller shall sell and Buyer shall buy the following described property pursuant to the
following terms and conditions:
I. Description of Property:
(a) Estate Being Purchased: ❑ Fee Simple ❑ Permanent Easement ® Temporary Easement ❑ Leasehold
(b) Real Property Described As: Parcel 704 containin_q 939 square feet of land more or less with dimensions of
51.20 on the north by 39.63 on the east by 58.33 on the south and 48.47 on the west
(c) Personal Property:
(d) Outdoor Advertising Structure(s) Permit Number(s):
Buildings, Structures, Fixtures and Other Improvements Owned By Others: N/A
These items are NOT included in this agreement. A separate offer is being, or has been, made for these items.
II. PURCHASE PRICE
(a)
Real Property
Land
1.
$ 25,100.00
Improvements
2.
$ 0.00
Real Estate Damages
3.
$ 0.00
(Severance/Cost-to-Cure)
Total Real Property
4.
$ 25,100.00
(b)
Total Personal Property
5.
$ 0.00
(c)
Fees and Costs
Attorney Fees
6.
$ 0.00
Appraiser Fees
7.
$ 0.00
N/A
N/A
N/A Fee(s)
8.
$ 0.00
Total Fees and Costs
9.
$ 0.00
(d)
Total Business Damages
10.
$ 0.00
(e)
Total of Other Costs
11.
$ 0.00
List: N/A
Total Purchase Price (Add Lines 4, 5, 9, 10 and 11) $ 25,100.00
Total Global Settlement Amount
(f) Portion of Total Purchase Price or Global Settlement $ 25,100.00
Amount to be paid to Seller by Buyer at Closing
(g) Portion of Total Purchase Price or Global Settlement $ 0.00
Amount to be paid to Seller by Buyer upon surrender
of possession or N/A
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III. Conditions and Limitations
(a) Seller is responsible for all taxes due on the property up to, but not including, the day of closing.
(b) Seller is responsible for delivering marketable title to Buyer. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar in accordance with Florida Law subject only to those
exceptions that are acceptable to Buyer. Seller shall be liable for any encumbrances not disclosed in the public
records or arising after closing as a result of actions of the Seller.
(c) Seller shall maintain the property described in Section I of this agreement until the day of closing. The property
shall be maintained in the same condition existing on the date of this agreement, except for reasonable wear and
tear.
(d) Any occupancy of the property described in Section I of this agreement by Seller extending beyond the day of
closing must be pursuant to a lease from Buyer to Seller.
(e) The property described in Section I of this agreement is being acquired by Buyer for transportation purposes
under threat of condemnation pursuant to Section 337.25 Florida Statutes.
(f) Pursuant to Rule 14-10.004, Florida Administrative Code, Seller shall deliver completed Outdoor Advertising
Permit Cancellation Form(s), Form Number 575-070-12, executed by the outdoor advertising permit holder(s)
for any outdoor advertising structure(s) described in Section I of this agreement and shall surrender, or account
for, the outdoor advertising permit tag(s) at closing.
(g) Seller agrees that the real property described in Section I of this agreement shall be conveyed to Buyer by
conveyance instrument(s) acceptable to Buyer.
(h) Seller and buyer agree that this agreement represents the full and final agree or the herein described sale
and purchase and no other agreements or representations, unless incorpor ed int this agreement, shall be
binding on the parties. i Buyer
(i) Other: Buyer and Seller agree all fees, costs and business damages if any\ -are included in this purchase
agreement. The closinq of the transaction is subject to Seller clearing all encumbrances or interests affectinq the
Property, recorded or unrecorded including but not limited to: mortgages easements and leasehold interests (by
delivering fully executed Joinder and Consent and Subordination Agreements in the form attached hereto as
Exhibit "A"), unless same are acceptable to Buyer. Buyer and Seller agree that this agreement does not address
business damages pursuant to Section 73.071(3)(b) Florida Statutes and any fee or costs associated therewith
which may be claimed by any other person apart from Seller. This agreement is contingent upon ratification by the
Board of Commissioners of Seller.
Q) Seller and Buyer agree that a real estate closing pursuant to the terms of this agreement shall be contingent on
delivery by Seller of an executed Public Disclosure Affidavit in accordance with Section 286.23, Florida Statutes.
IV. Closing Date
The closing will occur no later than 60 days after Final Agency Acceptance.
V. Typewritten or Handwritten Provisions
Any typewritten or handwritten provisions inserted into or attached to this agreement as addenda must be initialed
by both Seller and Buyer.
® There is an addendum to this agreement. Page Exhibit "A" is made a part of this agreement.
❑ There is not an addendum to this agreement.
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VI. Seller and Buyer hereby acknowledge and agree that their signatures as Seller and Buyer below constitute their
acceptance of this agreement as a binding real estate contract.
It is mutually acknowledged that this Purchase Agreement is subject to Final Agency Acceptance by Buyer
pursuant to Section 119.0711, Florida Statutes. A closing shall not be conducted prior to 30 days from the date
this agreement is signed by Seller and Buyer to allow public review of the transaction. Final Agency Acceptance
shall not be withheld by Buyer absent evidence of fraud, coercion, or undue influence involving this agreement.
Final Agency Acceptance shall be evidenced by the signature of Buyer in Section VII of this agreement.
SellWs)
Date
Type or Print Name: Cornelius Shiver, Executive Director
Signature oy _ ) n y1 , Date
Type or Print Name: William Bloom, Esquire
VII. FINAL AGENCY ACCEPTANCE
The Buyer has granted Final Agency Acceptance this
BY:
Signature
Legal Review:
Type or Print Name and Title
Buyer
State of Florida Department of Transportation
BY:
Signature Date
Type or Print Name and Title
day of
Type or Print Name and Title
Date
ADDITIONAL SIGNATURES
SELLER(S)
575-030-07
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Signature
Date
Signature
Date
Type or Print Name
Type or Print Name
Signature
Date
Signature
Date
Type or Print Name
Type or Print Name
Signature
Date
Signature
Date
Type or Print Name
Type or Print Name
Signature
Date
Signature
Date
Type or Print Name
Type or Print Name
Signature
Date
Signature
Date
Type or Print Name
Type or Print Name
23-UTL.04-10/00
This instrument prepared by,
or under the direction of,
Alicia Trujillo, Esq.
District Six Chief Counsel
State of Florida
Department of Transportation
1000 N. W. I I II Avenue
Miami, Florida 33172
Date — Initial
EXHIBIT "A"
Parcel No.
Item/Segment No.
Managing District: 6
Parcel Folio
JOINDER & CONSENT &
SUBORDINATION OF LEASEHOLD INTEREST
THIS Joinder and Consent is made this day of , 20_ by
("LESSEE").
WITNESSETH:
WHEREAS, ("PROPERTY OWNER") has granted to the STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION, its successors and assigns, ("FDOT"), a temporary easement
dated the day of , 20_, in, over, under, upon and through the below described real property (the
"Parcel"), for the purpose of . and
WHEREAS, LESSEE presently may have an interest in the Parcel by virtue of a lease agreement by and
between PROPERTY OWNER and LESSEE; and
WHEREAS, FDOT's use of the Parcel requires the temporary subordination of LESSEE's interest in the Parcel
to FDOT; and
NOW, THEREFORE, in consideration of One Dollar and other valuable consideration paid, the receipt and
sufficiency of which is hereby acknowledged, LESSEE does hereby joins and consents to the grant of said temporary
easement in favor of FDOT, as to the following described Parcel.
PARCEL 704 F.P. No. 251688-1
A portion of Tract 9 of Townpark Subdivision 4 U.R. Project Fla. R-10, according to the plat thereof, as recorded in
Plat Book 87, at Page 52, of the Public Records of Miami Dade County, Florida as shown on Florida Department of
Transportation Right of Way Map for State Road 836 / I-395, Section 87200, FM No. 251688-1, more particularly
described as follows:
Commence at the point of intersection of the City of Miami Monument Line of NW 14th Terrace and NW 3rd
Avenue as shown on said plat of Townpark Subdivision 4 U.R. Project Fla. R-10; thence S 87050'35" W, along the
City of Miami Monument Line of said NW 14th Terrace, for a distance of 25.00 feet to the point of intersection with
the Existing Limited Access Right of Way line for State Road 836 / I-395, as shown on Florida Department of
Transportation Right of Way Map for said State Road 836 / I-395, Section 87200, F.P. No. 251688-1; thence along
previously described Existing Limited Access Right of Way line for the following five (5) courses; (1) thence N
01 °32'53" W for a distance of 26.54 feet; (2) thence N 64°05'20" W for a distance of 352.53 feet; (3) thence N
75°55'01" W for a distance of 104.04 feet; (4) thence N 79°32'20" W for a distance of 46.40 feet to the POINT OF
1 of 2 Seller / Buyer
BEGINNING of the hereinafter described parcel; (5) thence continue N 79032'20" W for a distance of 58.33 feet to
the point of cusp with a circular curve concave to the Northwest; said point also bears S 10'27'40" W from the center
of said curve; thence southeasterly, easterly, and northeasterly along the arc of said curve to the Left, having a radius
of 50.00 feet and a central angle of 55'32'15" for a distance of 48.47 feet; thence S 77°20'44" E for a distance of
51.20 feet to the point of cusp with a circular curve concave to the Southeast; said point also bears N 08'17'18" W
from the center of said curve; thence southwesterly along the arc of said curve to the Left, having a radius of 100.00
feet and a central angle of 22°42'24" for a distance of 39.63 feet to the POINT OF BEGINNING.
Containing 939 Square Feet more or less.
And LESSEE does hereby join and consent to the grant of said temporary easement, and further acknowledges
and declares that LESSEE'S leasehold interest in the Parcel shall be subject, subordinate, and inferior at all times to the
temporary easement in favor of FDOT. Execution of this Joinder & Consent & Subordination of Leasehold Interest does
not affect any claims for business damages pursuant to Section 73.071(3)(b), Florida Statutes, and any fees or costs
associated therewith, which may be claimed by LESSEE.
IN WITNESS WHEREOF, LESSEE has executed the foregoing instrument this day of
, 20
Signed, sealed and delivered in the presence of:
(Two witnesses required by Florida Law)
(Signature of Witness)
(Print/Type Name of Witness)
(Signature of Witness)
(Print/Type Name of Witness)
or, ATTEST by:
STATE OF
COUNTY OF
Title:
a corporation
Print/Type name
Title:
(Address)
(Affix Corporate Seal)
The foregoing instrument was acknowledged before me by means of [] physical presence or [] online
notarization this day of 20 by
of a corporation, on
behalf of the corporation. He/she is personally known to me or has produced
as identification.
Notary Stamp (Signature of person taking acknowledgement)
(Type, print or stamp name under signature)
Title or Rank and Serial No., if any:
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Seller I Buyer