HomeMy WebLinkAboutCRA-R-20-0031 Exhibit BExhibit `B"
Executed Purchase Agreement for Permanent 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
861
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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 861 containing 11,140 s uare feet of land more or less including but not
limited to the following improvements: asphalt paving storm drainage concrete curb and sidewalk traffic signs irrigation
light poles and landscaping
(c) Personal Property:
(d) Outdoor Advertising Structure(s) Permit Number(s): N/A
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
Improvements
Real Estate Damages
(Severance/Cost-to-Cure)
Total Real Property
(b) Total Personal Property
(c) Fees and Costs
Attorney Fees
Appraiser Fees
N/A
N/A
N/A Fee(s)
Total Fees and Costs
(d) Total Business Damages
(e) Total of Other Costs
List: N/A
N/A
Total Purchase Price (Add Lines 4, 5, 9, 10 and 11)
Total Global Settlement Amount
(f) Portion of Total Purchase Price or Global Settlement
Amount to be paid to Seller by Buyer at Closing
(g) Portion of Total Purchase Price or Global Settlement
Amount to be paid to Seller by Buyer upon surrender
of possession or N/A
er
1. $$1,812,687.50
2. $ 108,600.00
3. $ 216,500.00
4. $ A•�90�-96 $2,137,787.50
5. $ 0.00
6. $ 0-00 $193,446.88
7. $ 0.00
8. $ 0.00
9. $ 9.00 $193,446.88
10. $ 0.00
11. $ 0.00
$ +-;4444*0-.9G $2,331,234.38
$ +-444490� $2,331,234.38
$ 0.00
Buyer
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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 t for the herein described sale
and purchase and no other agreements or representations, unless incorpora ed n o this agreement, shall be
binding on the parties. i r i Buyer
(i) Other: Buyer and Seller agree all fees costs and business damages if any a e included in this purchase
agreement. The closing of the transaction is subject to Seller clearing all encumbrances or interests affecting the
property, recorded or unrecorded including but not limited tomortgages easements and leasehold interests (by
deliverinq 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 70 rN71(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.
(j) 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.
Signature Date
Southeast 0 wn/Park West CRA
Type or Print Name: Cornelius Shiver, Executive Director
Signatu�reI ,Vln 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
575-030-07
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SELLER(S):
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
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 I' Avenue
Miami, Florida 33172
Date- Inititals
EXHIBIT "A"
Parcel No.
Item/Segment No.
Managing District : 6
Parcel Folio
JOINDER & CONSENT &
SUBORDINATION OF LEASEHOLD INTEREST
THIS Joinder and Consent and Subordination of Leasehold Interest is made this day of
20 by a corporation ("LESSEE.")
WITNESSETH:
WHEREAS, a corporation, ("PROPERTY OWNER") has granted
to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, its successors and assigns, ("FDOT"), a
perpetual easement dated the day of 120 , in, over, under, upon and through the below
described real property (the "Parcel"), for the purpose of constructing and maintaining a , and
WHEREAS, LESSEE presently may have an interest in the Parcel by virtue of a lease agreement by and
between PROPERTY OWNER and LESSEE, dated the day of , 20 ; and
WHEREAS, FDOT's use of the Parcel requires 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, the LESSEE does hereby subordinate to FDOT, its successors and
assigns, any and all of LESSEE's interest in the following described Parcel, by virtue of the above -mentioned lease
agreement:
PARCEL 861 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 87°50'35" 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 two (2) courses; (1) thence N
Page 1 of 3
Seller / Buyer
01 °32'S3" W for a distance of 26.54 feet; (2) thence N 64°05'20" W for a distance of 11.33 feet to the POINT OF
BEGINNING of the hereinafter described parcel, said point also labeled Point "A"; thence continue N 64°05'20" W
along previously described Existing Limited Access Right of Way line for a distance of 5.15 feet; thence N 17°28'30"
E for a distance of 12.09 feet; thence N 729 P30" W for a distance of 34.50 feet; thence S 17°28'30" W for a distance
of 6.97 feet to a point of intersection with the Existing Limited Access Right of Way line for State Road 836 / I-395;
thence N 64005'20" W along previously described Existing Limited Access Right of Way line for a distance of 123.97
feet; thence N 12028'16" E for a distance of 13.04 feet; thence N 77031'44" W for a distance of 42.00 feet; thence S
12'28' 16" W for a distance of 3.00 feet to a point of intersection with the Existing Limited Access Right of Way line
for State Road 836 / I-395; thence along previously described Existing Limited Access Right of Way line for the
following two (2) courses; (1) thence N 64005'20" W for a distance of 134.02 feet; (2) thence N 75°55'01 " W for a
distance of 98.88 feet to the point of curvature with a circular curve concave to the Southwest; said point also bears
N 11'02'19" E from the center of said curve; thence southeasterly along the arc of said curve to the Right, having a
radius of 2,806.54 feet and a central angle of 04°36'37" for a distance of 225.83 feet; thence S 65°35'22" E along the
outside face of a existing building for a distance of 39.76 feet; thence N 86°55'25" E along the outside face of said
existing building for a distance of 17.15 feet to the point of curvature with a circular curve concave to the Southwest;
said point also bears N 16°46'59" E from the center of said curve; thence southeasterly along the arc of said curve to
the Right, having a radius of 2,806.54 feet and a central angle of 02°21'59" for a distance of 115.92 feet; thence S
17°28'30" W for a distance of 32.35 feet; thence S 72°31'30" E for a distance of 28.83 feet to a point of intersection
with the Existing West Right of Way line of NW 3rd Avenue; thence S 03° 19'30" E along said Existing West Right
of Way line of NW 3rd Avenue for a distance of 30.32 feet to the POINT OF BEGINNING.
Together with:
Parcel 861 Part A
Commence at the previously described Point "A"; thence N 64°05'20" W for a distance of 164.00 feet to the POINT
OF BEGINNING of the hereinafter described parcel; thence continue N 64°05'20" W for a distance of 43.18 feet;
thence N 12°28' 16" E for a distance of 3.00 feet; thence S 7731'44" E for a distance of 42.00 feet; thence S 12'28' 16"
W for a distance of 13.04 feet to the POINT OF BEGINNING.
Together with:
Parcel 861 Part B
Commence at the previously described Point "A"; thence N 64°05'20" W for a distance of 5.15 feet to the POINT OF
BEGINNING of the hereinafter described parcel; thence continue N 64°05'20" W for a distance of 34.88 feet; thence
N 17°28'30" E for a distance of 6.97 feet; thence S 72°3 P30" E for a distance of 34.50 feet; thence S 17°28'30" W
for a distance of 12.09 feet to the POINT OF BEGINNING.
Together with:
Parcel 861 Part C
Commence at the previously described Point "A"; thence N 03° 19'30" W along the Existing westerly Right of Way
line of NW 3rd Avenue for a distance of 30.32 feet to the POINT OF BEGINNING of the hereinafter described parcel;
thence N 72°3 P30" W for a distance of 28.83 feet; thence N 17°28'30" E for a distance of 34.50 feet; thence S
72*31'30" E for a distance of 15.73 feet to the point of intersection with the Existing Westerly Right -of -Way line of
said NW 3rd Avenue; thence S 03°19'30" E, along the Existing westerly Right -of -Way line of said NW 3rd Avenue
for a distance of 36.91 feet to the POINT OF BEGINNING.
Page 2 of 3 Seller / Buyer
Containing 11,140 Square Feet or 0.256 Acres more or less.
Carlos E. Alonso
Professional Surveyor & Mapper No. 6669
Licensed Business: LB-2439
And LESSEE does hereby join and consent to the grant of said permanent easement, and further acknowledges
and declares that LESSEE'S leasehold interest in the Parcel shall be forever subject, subordinate, and inferior at all times
to the permanent 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: ,Title:
STATE OF
COUNTY OF
a corporation
LIM
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:
Page 3 of 3 Seller i Buyer
ADDITIONAL SIGNATURES
575-030-07
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OGc—f2/09
Page 4 of 4
SELLER(S):
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
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. 11 I` Avenue
Miami, Florida 33172
Date- Inititals
EXHIBIT "A"
Parcel No.
Item/Segment No.
Managing District: 6
Parcel Folio
JOINDER & CONSENT &
SUBORDINATION OF LEASEHOLD INTEREST
THIS Joinder and Consent and Subordination of Leasehold Interest is made this day of
20 by a corporation ("LESSEE.")
WITNESSETH:
WHEREAS, a corporation, ("PROPERTY OWNER") has granted
to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, its successors and assigns, ("FDOT"), a
perpetual easement dated the day of , 20 , in, over, under, upon and through the below
described real property (the "Parcel"), for the purpose of constructing and maintaining a , and
WHEREAS, LESSEE presently may have an interest in the Parcel by virtue of a lease agreement by and
between PROPERTY OWNER and LESSEE, dated the day of , 20 ;and
WHEREAS, FDOT's use of the Parcel requires 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, the LESSEE does hereby subordinate to FDOT, its successors and
assigns, any and all of LESSEE's interest in the following described Parcel, by virtue of the above -mentioned lease
agreement:
PARCEL 861 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 / 1-395, 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 87150'35" 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 two (2) courses; (1) thence N
Page 1 of 3 Seller / Buyer
01°32'53" W for a distance of 26.54 feet; (2) thence N 64°05'20" W for a distance of 11.33 feet to the POINT OF
BEGINNING of the hereinafter described parcel, said point also labeled Point "A"; thence continue N 64°05'20" W
along previously described Existing Limited Access Right of Way line for a distance of 5.15 feet; thence N 17'28'30"
E for a distance of 12.09 feet; thence N 7291'30" W for a distance of 34.50 feet; thence S 17°28'30" W for a distance
of 6.97 feet to a point of intersection with the Existing Limited Access Right of Way line for State Road 836 / I-395;
thence N 64°05'20" W along previously described Existing Limited Access Right of Way line for a distance of 123.97
feet; thence N 12'28' 16" E for a distance of 13.04 feet; thence N 7731'44" W for a distance of 42.00 feet; thence S
12'28'16" W for a distance of 3.00 feet to a point of intersection with the Existing Limited Access Right of Way line
for State Road 836 / I-395; thence along previously described Existing Limited Access Right of Way line for the
following two (2) courses; (1) thence N 64°05'20" W for a distance of 134.02 feet; (2) thence N 75°55'01" W for a
distance of 98.88 feet to the point of curvature with a circular curve concave to the Southwest; said point also bears
N 11'02'19" E from the center of said curve; thence southeasterly along the arc of said curve to the Right, having a
radius of 2,806.54 feet and a central angle of 04°36'37" for a distance of 225.83 feet; thence S 65°35'22" E along the
outside face of a existing building for a distance of 39.76 feet; thence N 86°55'25" E along the outside face of said
existing building for a distance of 17.15 feet to the point of curvature with a circular curve concave to the Southwest;
said point also bears N 16°46'59" E from the center of said curve; thence southeasterly along the arc of said curve to
the Right, having a radius of 2,806.54 feet and a central angle of 02021'59" for a distance of 115.92 feet; thence S
17128'30" W for a distance of 32.35 feet; thence S 729 V30" E for a distance of 28.83 feet to a point of intersection
with the Existing West Right of Way line of NW 3rd Avenue; thence S 03' 19'30" E along said Existing West Right
of Way line of NW 3rd Avenue for a distance of 30.32 feet to the POINT OF BEGINNING.
Together with:
Parcel 861 Part A
Commence at the previously described Point "A"; thence N 64°05'20" W for a distance of 164.00 feet to the POINT
OF BEGINNING of the hereinafter described parcel; thence continue N 64°05'20" W for a distance of 43.18 feet;
thence N 12'28' 16" E for a distance of 3.00 feet; thence S 773 P44" E for a distance of 42.00 feet; thence S 12'28' 16"
W for a distance of 13.04 feet to the POINT OF BEGINNING.
Together with:
Parcel 861 Part B
Commence at the previously described Point "A"; thence N 64°05'20" W for a distance of 5.15 feet to the POINT OF
BEGINNING of the hereinafter described parcel; thence continue N 64"05'20" W for a distance of 34.88 feet; thence
N 17°28'30" E for a distance of 6.97 feet; thence S 7291'30" E for a distance of 34.50 feet; thence S 17°28'30" W
for a distance of 12.09 feet to the POINT OF BEGINNING.
Together with:
Parcel 861 Part C
Commence at the previously described Point "A"; thence N 03' 19'30" W along the Existing westerly Right of Way
line of NW 3rd Avenue for a distance of 30.32 feet to the POINT OF BEGINNING of the hereinafter described parcel;
thence N 7291'30" W for a distance of 28.83 feet; thence N 17°28'30" E for a distance of 34.50 feet; thence S
72*31'30" E for a distance of 15.73 feet to the point of intersection with the Existing Westerly Right -of -Way line of
said NW 3rd Avenue; thence S 03'19'30" E, along the Existing westerly Right -of -Way line of said NW 3rd Avenue
for a distance of 36.91 feet to the POINT OF BEGINNING.
Page 2 of 3 Seller / Buyer
Containing 11,140 Square Feet or 0.256 Acres more or less.
Carlos E. Alonso
Professional Surveyor & Mapper No. 6669
Licensed Business: LB-2439
And LESSEE does hereby join and consent to the grant of said permanent easement, and further acknowledges
and declares that LESSEE'S leasehold interest in the Parcel shall be forever subject, subordinate, and inferior at all times
to the permanent 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: ,Title:
STATE OF _
COUNTY OF
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:
Page 3 of 3 Seller / Buyer