HomeMy WebLinkAboutR-03-1002J-03-781SE
9/11/03
RESOLUTION NO. 93-1002
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE THE PURCHASE AND SALE
AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE
ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND
LINCOLN PROPERTY II, INC., A FLORIDA
CORPORATION, FOR THE ACQUISITION OF PROPERTY
LOCATED AT 6301-6307 NORTHEAST 2nd AVENUE,
MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN THE
AGREEMENT, IN CONNECTION WITH THE DEVELOPMENT
OF LITTLE HAITI PARK, FOR A PURCHASE PRICE OF
$2,750,000 AND IN ACCORDANCE WITH THE TERMS
SET FORTH IN THE AGREEMENT; ALLOCATING
FUNDS, IN THE AMOUNT OF $2,840,000, FROM THE
$25 MILLION APPROPRIATED FROM THE $255
MILLION HOMELAND DEFENSE/NEIGHBORHOOD
IMPROVEMENT BOND TO COVER THE COSTS OF SAID
ACQUISITION INCLUSIVE OF COST OF SURVEY,
ENVIRONMENTAL REPORTS, AND TITLE INSURANCE;
AND $200,000 FOR REMOVAL OF LIENS, OR PAYMENT
OF FINES IN CONNECTION WITH ANY CODE
VIOLATIONS FILED AGAINST THE PROPERTY
SUBSEQUENT TO FEBRUARY 20, 2003, SUBJECT TO
THE RECOMMENDATION OF THE BOND OVERSIGHT
BOARD.
WHEREAS, Resolution No. 01-1029, adopted September 25, 2001,
directed the City Manager to take all steps necessary to initiate
and implement the development of a superlative park in the Little
Haiti area ("Park Project"); and
WHEREAS, the boundaries for the Park Project as established
by the City Commission are from Northeast 59th Street to
Northeast 64th Terrace between Northeast 2nd and 4th Avenues,
Miami, Florida; and
C"Ilk �1 a
CITY COMMMION
MEETING OF
SEP 1 1 2003
R"olWios► Dia.
d!3-1002
WHEREAS, Resolution No. 02-395, adopted April 11, 2002,
directed the City Manager to expedite the land acquisition for
the Park Project approved in the $255 Million Homeland
Defense/Neighborhood Improvement Bond Issue; and
WHEREAS, the property, located at 6301-6307 Northeast
2nd Avenue, Miami, Florida ("Property"), is within the park
boundaries and is necessary as part of the land assembly required
for the Park Project; and
WHEREAS, two independent appraisals established the fair
market value for the Property at $1,775,000; and
WHEREAS, the Purchase Price exceeds the appraised value of
$1,775,000 by $975,000; and
WHEREAS, the City of Miami ("City") is paying the additional
$975,000 above appraised value for the seller to provide certain
services and meet certain conditions prior to closing; and
WHEREAS, the Agreement requires the Seller to deliver the
Property vacant, with all existing structures demolished and free
of debris and properly secured by fencing, and authorizes the
Seller to use the City's deposit, in the amount of $300,000 to be
applied toward the cost of demolition; and
WHEREAS, the Agreement does not require the Seller to remove
any liens or correct any code violations recorded subsequent to
February 20, 2003; and
WHEREAS, it is a condition precedent to the validity of the
Purchase and Sale Agreement ("Agreement") and its execution by
Page 2 of 4 ;J3 - 1002
the City Manager that the City Commission approve the Agreement
by a greater majority of a four-fifths (4/5ths) affirmative vote
of its members; and
WHEREAS, failing such approval the Agreement shall be
automatically null and void without the necessity of further
action by either party;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized!/ to execute
an Agreement, in substantially the attached form, between the
City and Lincoln Property II, Inc., a Florida corporation, for
the acquisition of property located at 6301-6307 Northeast 2"d
Avenue, Miami, Florida, as legally described in the Agreement in
connection with the development of Little Haiti Park, for a
purchase price of $2,750,000 and in accordance with the terms set
forth in the Agreement, with funds in the amount of $2,840,000,
allocated from the $25 Million appropriated from the $255 Million
Homeland Defense/Neighborhood Improvement bond to cover the costs
1� The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable
provisions of the City Charter and Code.
Page 3 of 4
;J3-1002
of said acquisition inclusive of cost of survey, environmental
reports, and title insurance.
Section 3. The City Manager is further authorized -11 to
spend up to $200,000, without further City Commission approval,
in connection with the removal of liens, or payment of fines in
connection with any code violations filed against the Property
subsequent to February 20, 2003.
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.2/
PASSED AND ADOPTED this 11th day of September 2003.
EL A. DIAZ, MAY
ATTEST:
PRISOILLA A. THOMPSON, CITY CLERK
APPROVEo AS Td F RM AND CORRECTNESS:C/
VILARELLO
W74,2 7SE : tr : AS : BSS
If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by
the City Commission.
Page 4 of 4
NJ3-1002
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT, (the "Agreement") is made
and entered into this day of . 2003, by and between
Lincoln Property II, Inc., a Florida corporation with offices at P. O. BOX 558703,
6301-6307 NE 2nd Avenue, Miami, Florida 33255, Miami, Fl. 33155 (the "Seller")
and the City of Miami, a municipal corporation of the State of Florida, with offices
at 444 SW 2 Avenue, Miami, Florida 33130-1910 (the "Purchaser"). The Parties
hereby agree that Seller shall sell and Purchaser shall buy the following property
upon the following terms and conditions:
1. DESCRIPTION OF PROPERTY/PURPOSE OF ACQUISITION
(a) Legal Description:
Tracts "N" and "Q" of REID ACRES,
according to the map or plat thereof as
recorded in Plat Book 50, Page (s) 84, of the
Public Records of Miami -Dade County,
Florida.
Containing 389,364 square feet, more or less.
(b) Street Address:
6301-6307 NE 2nd Avenue, Miami, Florida 33138
2. PURCHASE PRICE, ADJUSTMENTS, APPRAISALS AND PAYMENT
The Purchaser agrees to pay and the Seller agrees to accept for the Property
the sum of Two Million Seven Hundred Fifty Thousand Dollars ($2,750,000)
(the "Purchase Price").
There have been two (2) appraisals of the Property the average of which is
One Million Seven Hundred Seventy -Five Thousand Dollars ($1,775,000).
The Purchase Price exceeds the average of the appraisals by Nine Hundred
Seventy -Five Thousand Dollars ($975,000). It is a condition precedent to the
validity of this Agreement and its execution by the City Manager that the
City Commission of the City of Miami approve this Agreement by a 4/5th vote
of its members, failing such approval this Agreement shall be automatically
null and void without the necessity of further action by either party.
The Purchase Price, as it may be adjusted, will be payable as follows:
(a) Deposit: Within five (5) days of the Effective Date, (defined as the
date on which this Agreement is fully executed) , the Purchaser shall
. _I ---- J L l f Mr-
s -13-1002.
[-
-3_1002
eLE:60 EO iT daS
3.
pay to Esq. (the "Escrow Agent") Fifty
Thousand Dollars ($50,000.00) as a deposit (the "Deposit"). Upon the
earlier of (i) the expiration of the Environmental Investigation Period
(if the Purchaser has not elected to terminate this Agreement pursuant
to Section 4 (a) hereof), or (ii) the date of Purchaser's Notice of
Acceptance, as defined in Section 4 (a) hereof, the Purchaser shall
increase the Deposit to Three Hundred Thousand Dollars ($300,000).
The Deposit shall be held by the Escrow Agent in an interest bearing
account, with interest accruing to Purchaser, unless the Deposit is
disbursed to the Seller upon Purchaser's default. Immediately after
the increase of the Deposit to $300,000, Seller shall commence the
demolition procesP the improvements on the Property. The Escrow
Agent shall be authorized to disburse funds from the Deposit to the
Seller to pay the invoices related to the demolition work, as approved
by the City, as described in the Escrow Agreement to be entered into
not later than 10 business days after the Effective Date. At Closing,
the Deposit and all interest earned thereon, shall be credited against
the Purchase Price. In the event this Agreement is terminated by
Purchaser, as permitted in this Agreement, then the portion of the
Deposit that has not been used to pay demolition costs, together with
interest earned thereon, shall be returned to the Purchaser.
(b) Closing Payment: At Closing, the Deposit, plus the balance of the
Purchase Price, adjusted by adjustments, credits, prorations, or as
otherwise provided in this Agreement, shall be paid by the Purchaser
to the Seller in the form of cashier's check or wire transfer.
SELLER'S OBLIGATION, DEMOLITION, AND OTHER
REPRESENTATIONS.
(a) Not later than the thirty (30) days prior to the Closing Date as defined
in Section 6 below, the Seller shall have fully performed, at its sole cost
and expense, and provided Purchaser evidence of completion of the
following undertakings:
(i) The Seller must comply with the Florida Mobile Home Act
(§723.001, et. seq., Fla. Stat.).
(ii) The Property shall be vacant and all existing structures shall
have been demolished and removed, the sewer shall be capped,
and the Property shall be free of debris and properly secured by
fencing or as may be otherwise required by law. The Seller shall
be authorized to use the Deposit to pay the cost of demolition
provided that the demolition work is performed in accordance
2 43- iO 2
---- .. . eGE =60 EO T i "S
c
r�
with all applicable legal requirements, the Purchaser has
approved Seller's demolition plan and budget and the invoices to
be paid out of the Deposit are first approved by the Director of
Economic Development of the City, whose approval shall not be
unreasonably withheld or delayed.
(b) Seller agrees to copy Purchaser with all notices required under the
Florida Mobile Home Act. Seller shall further provide to Purchaser
quarterly rent rolls, or as may otherwise be required by Purchaser, and
such other documentation as Purchaser may reasonably require to
evaluate Seller's progress in its compliance with the Florida Mobile
Home Act.
(c) Seller agrees to use its best efforts not to cause, nor permit, any code
violation to occur on the Property during the term of this Agreement.
Seller acknowledges that Purchaser is relying on this representation
and that this representation is a material inducement to Purchaser in
authorizing Seller to use the Deposit prior to Closing.
(d) Seller represents and warrants to Purchaser that, at the time of
closing, there are no parties in possession of the Property other than
Seller, and that there are no oral or written leases, options to
purchase, or contracts for sale covering all or part of the Property.
Seller shall further warrant that there are no parties having
ownership of improvements on the Property and no parties having any
interest in the Property. To the extent necessary, Seller agrees to
take all action, including the expenditure of money, to ensure
compliance with the representations and warranties set forth herein.
4. ENVIRONMENTAL MATTERS
(a) Environmental Investigation Period:
Purchaser, its employees, agents, consultants and contractors shall
have a period of six (6) months from the Effective Date (the
"Environmental Investigation. Period") in which to undertake at
Purchaser's expense, such physical inspections and other
investigations of and concerning the Property. Said inspections may
include, but are not limited to surveys, soil borings, percolation,
engineering studies, environmental tests and studies and other tests
as Purchaser considers necessary for Purchaser and his consultants to
review and evaluate the physical characteristics of the Property and to
perform certain work or inspections in connection with such evaluation
(the "Environmental Inspection"). Purchaser shall perform the
-)3-100':1
3
e86:60 EO 11 daS
C 04�
Environmental Inspections during regular business hours and after
giving Seller reasonable notice thereof, Purchaser shall use good faith
efforts not to interfere with Seller's or tenants' use of the Property in
the performance of the Environmental Inspections.. The Purchaser,
may extend the Environmental Investigation Period for up to two (2)
additional months if based upon the results of the testing, additional
testing is warranted, or may reduce the Environmental Investigation
Period by giving Seller written notice of its acceptance of the Property
prior to expiration thereof (the "Notice of Acceptance"). For the
purpose of conducting the Environmental Inspection, Seller hereby
grants to Purchaser and its consultants and agents or assigns,
reasonable right of entry upon the Property during the Inspection
Period through the closing date. The right of access herein granted
shall be exercised and used by Purchaser, its employees, agents,
representatives and contractors in such a manner as not to cause any
damage or destruction of any nature whatsoever to, or interruption of
the use of the Property by the Seller, its employees, officers, agents
and tenants.
(b) Inspection Indemnitv Insurance and Releases:
Notwithstanding anything contained in this Agreement to the
contrary, as consideration for the Seller granting a continuing right of
entry, the Purchaser hereby specifically agrees to: (i) immediately pay
or cause to be removed any liens filed against the Property as a result
of any actions taken by or on behalf of Purchaser in connection with
the inspection of the Property; (ii) immediately repair and restore the
Property to its condition existing immediately prior to the Inspection
Period; and (iii) to the extent permitted, and subject to the limitations
afforded governmental agencies by law, indemnify, defend and hold
harmless Seller, its employees, officers and agents, from and against
all claims, damages or losses incurred to the Property, or anyone on
the Property as a result of the actions taken by the Purchaser, any of
its employees, agents, representatives or contractors, with respect to
the inspection of the Property, provided, however, Purchaser shall not
be liable for the negligence or misconduct of Seller, its employees,
officers and agents, or anyone employed by any of them.
Prior to Purchaser entering upon the Property for purposes of
commencement of the Environmental Inspection, Purchaser shall
furnish to Seller the policy or policies of insurance or certificates of
insurance, protecting the Seller and Purchaser, during the course of
such testing, against all claims for personal injury and property
damage arising out of or related to the activities undertaken by the
4
eBE=60 so IT des
r, .,a cavo 1 .6" anc
(c)
(d)
(e)
Purchaser, its agents, employees, consultants and contractors, or
anyone directly or indirectly employed by any of them or anyone for
whose acts they may be liable, upon the Property or in connection with
the Environmental Inspection.
Remedies(R.ight of Termination: .
. The Purchaser shall have the right to terminate this .Agreement at
any time during the Environmental Investigation Period for a
reason except those relating to survey and Title Defects, as provid in
Section 5 hereof. Purchaser shall exercise the right to termi a this
Agreement, by giving Seller written notice of its decision to not later
than the expiration date of the Environmental Investigation Period,
whereupon, the parties shall be relieved of any and all further
responsibilities and obligations under this Agreement; and Purchaser
shall be refunded the Deposit and all interest earned. In the event
Purchaser does not elect to terminate this Agreement, as herein
provided, then Purchaser shall proceed to Closing without any
reduction in the Purchase Price.
Waiver and Release:
In the event that Purchaser does not elect to cancel this Agreement,
Purchaser acknowledges and agrees that the sale of the Property as
provided for herein is made on an "AS IS" condition and basis with all
faults.
Seller's Representations Regarding Lack of Knowledge of
Environmental Conditions:
Seller represents and warrants to Purchaser that, to the best of Seller's
knowledge but without making independent inspection or inquiry:
(i) The Property is presently free from contamination by
Hazardous Materials, and the Property and the activities conducted
thereon do not pose any significant hazard to human health or the
environment or violate any applicable Environmental Laws. There is
no evidence of any existing release of Hazardous Materials at the
Property.
(ii) There has been no generation, treatment or storage of any
Hazardous Materials at the Property nor any activity at the Property
which could have produced Hazardous Materials.
iJ3-1002
5
eov:nn vn TT daS
N1
(iii) There are no surface impoundments, lagoons, waste piles,
landfills, injection wells, underground storage areas, tanks, storage
vessels, drums, containers or other man-made facilities which may
have accommodated Hazardous Materials on the Property. Neither
Seller nor any third persons have stored, placed, buried or released
Hazardous Materials on the Property, including the soil, surface water
and ground water.
(iv) There has been no treatment, storage or release of any
Hazardous Materials on land adjacent or near to the Property which
may constitute a risk of contamination of the Property or surface or
ground water flowing to the Property.
(v) No inspection, audit, inquiry or other investigation has
been or is being conducted by any governmental agency or other third
person with respect to the presence or discharge of Hazardous
Materials at the Property or the quality of the air, or surface or
subsurface conditions at the Property. Seller has received no notice
that any such inspection, audit, inquiry or investigation is pending or
proposed, nor has Seller or any previous owner of the Property
received any warning notice, notice of violation, administrative
complaint, judicial complaint or other formal or informal notice
alleging that Hazardous Materials have been stored or released at the
Property or that conditions on the Property are in violation of any
Environmental Laws.
TITLE EVIDENCE AND SURVEY
Within five (5) days of the Effective Date, Seller shall deliver to Purchaser an
existing Pro -forma Commitment issued by Attorney's Title Insurance Fund,
having an effective date of 200_ (the "Base Title"). Purchaser
shall be .responsible for obtaining, at its sole cost, (i) a commitment for title
insurance, from a recognized title insurance company authorized to issue title
insurance in the State of Florida, agreeing to insure Purchaser's title, free of
all exceptions, except those that may be accepted by Purchaser, together with
all corresponding title documents, and (ii) a survey of the Property showing
the Property to be free of encroachments or conditions that, in Purchaser's
sole discretion, would affect its proposed use of the Property. Purchasegshall
have a period of three (3) months from the Effective Date (the Title
Inspection Period") in which to obtain and examine the survey and the title
commitment and submit to the Seller its objections (the "Title Defect").
Seller shall have a period of sixty (60) calendar days after its receipt of
Purchaser's notice in which to cure the Title Defect, provided, however, that
Seller shall not be required to (i) file suit to clear a Title Defect, (ii) be
0
03-1002
_ _-_- . . . --- eAr : Rn Rn 11 daS
7.
responsible for any code violation and code violation liens recorded against
the Property subsequent to the date of the Title Base, or (iii) remove any
matters appearing on the plat, utility easements, or any other matters
common to the subdivision. Seller shall use best efforts to cure Title Defects,
including, but not limited to, Title Defects that are curable through the
payment of money, except as provided above.
If Seller shall be unable to convey title to the Property according to provisions
Of this Agreement, or Purchaser is unwilling to accept the title Defects that
Sellers is not required to cure, then Purchaser may: (i) elect to accept such
title that Seller may be able to convey, with no reduction in Purchase Price;
or (ii) terminate this Agreement, in which case the Deposit and all interest
Earned thereon shall be returned by Escrow Agent to Purchaser. Upon such
refund, this Agreement shall be null and void and the parties hereto shall be
relieved of all further obligation and liability, and neither party shall have
any further claims against the other.
CLOSING DATE
Unless otherwise extended by other provisions of this Agreement, closing
shall take place within twelve (12) months after the expiration of the
Environmental Investigation Period, or the date of Purchaser's Notice of
Acceptance, whichever occurs first, at a mutually agreeable time (the
"Closing") at the City of Miami, Department of Economic Development
located at 44.4 SW 2 Avenue, Suite 325, Miami, Florida or at such other
location within the City of Miami that the Purchaser may designate in
writing by affording a notice to Seller as provided herein. The parties may,
subject to mutual written agreement, establish an earlier or extend the date
for Closing.
CLOSING DOCUMENTS
(a) Seller's Closing Documents:
At Closing, Seller shall execute and/or deliver to Purchaser the
following documents, in form and substance acceptable to the
Purchaser's City Attorney:
(1) Statutory Warranty Deed;
(2) A Seller's Affidavit and a Non -Foreign Affidavit;
(3) Such other documents as are necessary to fully authorize the
sale of the Property and the execution of all closing documents;
(4) An affidavit reaffirming the warranties and representations set
forth in Section 4 (e) herein and certifying compliance with the
RJ3-1002
7
•^� r^ro ,Li cnc e6E=60 co IT das
requirements of the Florida Mobile Home Act, (Section 723.001,
et. seq., Fla. Stat.), and completion of the demolition work.
(b) Purchaser's Closing Documents:
At Closing, Purchaser shall execute and deliver to Seller the following:
(1) Closing Statement;
(2) Such other documents as are necessary to fully authorize the
purchase of the Property and the execution of all closing
documents.
(c) Other Contract Documents:
Seller acknowledges that the property is being acquired by a
governmental agency and that the transaction may be subject to
certain federal, state and local requirements, which include reporting
and disclosure of information.
Seller agrees to comply with the public disclosure and inspection
requirements under Chapter 119, Florida Statutes, disclosure of
beneficial interests under Section 286.23, Florida Statutes,
certification regarding conflict of interest under Chapter 112, Florida
Statutes, Chapter 2 of the Miami City Code and §2-11-1 of the Miami -
Dade County Code, certification regarding Public Entity Crimes under
Section 287.133, Florida Statutes, and in connection therewith, Seller
agrees to execute and deliver all documents required or requested by
Purchaser or any other governmental authority, including, but not
limited to :
(1) Conflict of Interest and Non- Collusion Affidavit; and
(2) Sworn Disclosure of Beneficial Interests in Seller in Seller
(3) Seller is a partnership, limited partnership, corporation, or
trust, and
(4) Public Entity Crime Affidavit.
8. CLOSING COSTS AND ADJUSTMENTS
At Closing, the following items shall be borne, adjusted, prorated or assumed
by or between Seller and Purchaser as follows:
(a) Adjustments and Prorations:
8
C -d agpa / fi.. cnp
�J 1002
eOb:60 EO II des
(1) Certified/Pending Liens: Certified, confirmed and ratified
governmental liens as of the Closing Date shall be paid by
Seller. Pending liens as of the Closing Date shall be assumed by
Purchaser.
(2) Other Taxes, Expenses, Interest, Etc: Taxes, assessments,
water and sewer charges, waste fee and fire protection charges,
if applicable, shall be prorated.
(3) Usual and Customary: Such other items that are usually and
customarily pro -rated between purchasers and sellers of
properties in the area where the Property is located. All pro -
rations shall utilize the 365 -day method.
(b) Closing Costs:
(1) Each party shall be responsible for its own attorney's fees
incurred in connection with the Closing.
(2) Seller shall pay:
(i) documentary stamps and surtax on the deed.
(ii) all recording charges or filing fees required in order to
clear title.
9. DEFAULT
(a) If this transaction does not close as a result of default by Seller,
Purchaser, shall have all remedies available at law or in equity or elect
to: (i) terminate this Agreement and receive the return of the Deposit
and all interest thereon; or (ii) waive any such conditions or defaults
and to consummate the transactions contemplated by this Agreement
in the same manner as if there had been no conditions or defaults and
without any reduction in the Purchase Price and without any further
claim against Seller.
(b) If this transaction does not close as a result of default by Purchaser,
Seller, as and for its sole and exclusive remedy, shall retain the
Deposit and all interest earned thereon, as liquidated damages and not
as a penalty for forfeiture, actual damages being difficult or impossible
to measure.
(c) Neither party shall be entitled to exercise any remedy for a default by
the other party, except failure to timely close, until (i) such party has
;s3-1002
9 -4
enb:Rn en iT das
delivered to the other notice of the default and (ii) a period of ten
calendar (10) days from and after delivery of such notice has expired
with the other party having failed to cure the default or diligently
pursued remedy of the default.
10. RISK OF LOSS
11.
12.
The Seller shall have all risk of loss or damage to the Property by fire or
other casualty, or acts of God, until title to the Property is transferred to
Purchaser on the Closing Date.
DESIGNATION OF REPRESENTATIVES
Purchaser and Seller have appointed the following persons on their
respective behalves to be their representatives, to wit:
On behalf of Purchaser.
City of Miami
Department of Economic
Development
Keith Carswell, Director
444 SW 2 Avenue, 3rd Floor
Miami, FL 33130
Telephone No.: (305) 416-1400
Fax (305) 416-2156
With a copy to:
Alejandro Vilarello, City Attorney
City of Miami
4.14 SW 2 Avenue, Suite 945
Miami, FL 33130
NOTICES
On behalf of Seller:
Lincoln Property II, Inc.
Andres F. Rodriguez
P.O. Box 558703
Miami, Florida 33255
Fax (305) 638-2946
With a copy to:
Zaidy R. Pozo, Esq.
2655 leJeune road, Penthouse M
Coral Gables, Fl 33134
Telephone No. (305) 442-7141
Fax (305) 447-8369
All notices or other communications which may be given pursuant to this
Agreement shall be in writing and shall be deemed properly served if
delivered by personal service or by certified mail addressed to Seller and
Purchaser at the address indicated herein. Such notice shall be deemed
given on the day on which personally served; or if by certified mail, on the
fifth day after being posted or the date of actual receipt, whichever is earlier:
10
rJ3-1002
_ _ . _� ........ L ent,:sn Eo ii das
13.
14.
15.
16.
- . . J
L
Purchaser:
Joe Arriola, City Manager
City of Miami
Post Office Box 330708
Miami, FL 33233-0708
Copies To:
City of Miami
Keith Carswell, Director
Department of Economic
Development
444 SW 2 Avenue, 3rd Floor
Miami, FL 33130
Alejandro Vilarello
City Attorney
444 SW 2 Avenue, Suite 945
Miami, FL 33130
CAPTIONS AND HEADINGS
Seller:
Lincoln Property II, Inc.
Andres F. Rodriguez
P.O. Box 558703
Miami, Florida 33255
Fax (305) 638-2946
The Section headings or captions appearing in this Agreement are for
convenience only, are not part of this Agreement, and are not to be considered
in interpreting this Agreement.
BINDING EFFECT
This Agreement shall bind and inure to the benefit of the parties hereto and
their successors in interest.
GOVERNING LAW
This Agreement shall be governed according to the laws of the State of
Florida and venue shall be in Miami- Dade County, Florida.
AWARD OF AGREEMENT
Seller represents and warrants that it has not employed or retained any
person employed by the Purchaser to solicit or secure this Agreement and
that it has not offered to pay, paid, or agreed to pay any person employed by
oJ3 -100 11
y;-
11
......, ._ rnr e T b : nn Rn i L des
the Purchaser any fee, commission percentage, brokerage fee, or gift for the
award of this Agreement.
17. CONFLICT OF INTEREST
The Seller covenants that no person under its employ who presently exercises
any functions or responsibilities in connection with purchase and sale of the
Property has any personal financial interest, direct or indirect, in this
Agreement, except for the interest of the Seller in the sale of the Property.
The Seller is aware of the conflict of interest laws of the City of Miami (City
of Miami Code Chapter 2, Article V), Dade County, Florida (Dade County
Code Section 2-11-1) and the State of Florida (Chapter 112, Florida Statutes),
and agrees that it shall comply in all respects with the terms of said laws and
any future amendments, as well as all other federal or state laws or
regulations applicable to the transaction that is the subject matter of this
Agreement.
18. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which
shall be deemed to be an original but all of which shall constitute one and the
same Agreement.
19. WAIVERS
No waiver by either party of any failure or refusal to comply with its
obligations shall be deemed a waiver of any other or subsequent failure or
refusal to comply. All remedies, rights, undertaking, obligations and
agreement contained herein shall be cumulative and not mutually exclusive.
20. SURVIVAL OF REPRESENTATIONSAVARRANTIE
The epresent ions and arranties co ained in;theio-Agreemen"hall
su ave the osing an a enforceab y the respeparties yx1 it such
time as a anguished law.
21. PARTIAL INVALIDITY
In the event that any provision of this Agreement shall be unenforceable in
whole or in part, such provision shall be limited to the extent necessary to
render same valid, or shall be excised from this Agreement, as circumstances
require, and this Agreement shall be construed as if said provision had been
incorporated herein as so limited, or as if said provision had not been
included herein, as the case may be.
12 ". 3-1002
61 ' d 69EB Li it 906 e l b : 60 60 11 das
22.
23.
24
25.
26
27.
WAIVER OF TRIAL BY JURY
The partics hereby knowingly, voluntarily and intentionally waive any right
they may have to a trial by jury, waiver of right to file permissive
counterclaims, or waiver of right to claim attorney's fees in respect to any
litigation arising out of, under or in connection with this Agreement, or any
course of conduct, course of dealing, statements (whether verbal or written)
or actions of any party hereto. This provision is a material inducement for
Purchaser and Seller entering into this Agreement.
ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties. There
are no promises, agreements, undertakings, warranties or representations,
oral or written, express or implied, between the parties other than as herein
set forth. No amendment or modification of this Agreement shall be valid
unless the same is in writing and signed by the City Manager on behalf of the
Purchaser and the Seller.
TIME OF THE ESSENCE
Time is of the essence of this Agreement and in the performance of all conditions
and covenants to be performed or satisfied by either party hereto. Whenever a date
specified herein shall fall on a Saturday, Sunday or legal holiday, the date shall be
extended to the next succeeding business day.
EFFECTIVE DATE/TIME OF ACCEPTANCE
The Effective Date of this Agreement shall be the date on which the last
party to this Agreement executes said Agreement, the Agreement has been
approved by the Miami City Commission and the Seller has been notified in
writing of the approval.
AUTHORITY OF CITY MANAGER
The Resolution of the City Commission of the Purchaser shall, in addition to
approving the purchase contemplated under this Agreement, empower the
City Manager of the City to modify this Agreement in the event a non-
material modification to this Agreement becomes necessary or desirable.
APPROVAL BY THE MIAMI CITY COMMISSION.
This Purchase and Sale Agreement is subject, as a condition precedent, to the
approval of the Miami City Commission.
;J3-1 002
13
•-� . A. A- cnc eTt,:60 ED T T daS
28. THIRD PARTY BENEFICIARIES
Neither Seller nor the City intends to directly or indirectly benefit a third
party by this Agreement. Accordingly, therefore the parties agree that there
are no third party beneficiaries to this Agreement and that no third party
shall be entitled to assert a claim against the Purchaser or Seller based upon
this Agreement.
29. LBROKER'S COMMISSION
The Purchase and the Seller each represent and warrant that they have dealt
with no broker or any other party that may have acted as a procuring cause
to this Agreement.
30. ASSIGNMENT
This Agreement, or any interest therein, shall not be assigned, transferred or
otherwise encumbered under any circumstances by either party without the
prior written consent of the other party, which may be unreasonably refused.
IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement, as of the day and year first above written.
ATTEST:
By:
Print Name:
Title:
14
"SELLER"
LINCOLN PRO ER I, IN;/`�
Florida torpor ion
B YPrint a ises Granado
Title esiden
;J3 1 100?
r.1 -d 69E6 Lbb SOE eZb:6o co' TT daS
Attest:
Priscilla A. Thompson, City Clerk
Approved as to Form and Correctness
Alejandro Vilarello, silty Attorney
9i'd 69EB Lbb SOE
`BUYER"
THE CITY OF MIAMI, a municipal
corporation of the State of Florida
By:
Joe Arriola, City Manager
Approved as to Insurance
Requirements
Dianne J. Ericson, Administrator
Risk Manager
93-1001
15
eZb:60 co ii das
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Priscilla A.
City Clerk
FROM: Alejandro
City Att94
DATE:
RE: Correctoocrivener's Error -Resolution No. 03-1002
(J-03-781 SE)
Resolution No. 03-1002, adopted September 11, 2003, contains a scrivener's error as
the original Resolution transmitted to your Office did not reflect the changes stated on the
floor and contained in a modified Resolution distributed at the City Commission meeting
related to the defined boundaries for the Little Haiti Park Project addressed in the second
`Whereas' clause.
The attachment, which is a substitute ORIGINAL resolution to replace the document
you presently possess as Resolution No. 03-1002, has been revised to reflect the proper
boundaries.
After the correct document has been executed, please forward a copy to this Office and
to Madeline Valdes, Property Manager, Department of Economic Development. This
memorandum may be attached to Resolution No. 03-1002 so that any concern regarding the
substitution of said Resolution is clarified.
W948:BSS
Attachments
c: Madeline Valdes, Property Manager
Department of Economic Development
ii3-1002
J-03- 7,81
09/10/
q3-1002
RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WI ATTACHMENT(S), AUTHORIZING THE CITY
MAN ER TO EXECUTE THE PURCHASE AND SALE
AGRE ENT ("AGREEMENT"), IN SUBSTANTIALLY THE
ATTACH FORM, BETWEEN THE CITY OF MIAMI AND
LINCOLN PROPERTY II, INC., A FLORIDA
CORPORAT N, FOR THE ACQUISITION OF PROPERTY
LOCATED A 6301-6307 NORTHEAST 2nd AVENUE/PRIOF MIAMI, FLOR A, AS LEGALLY DESCRIBED
AGREEMENT, I CONNECTION WITH THE DEV
OF LITTLE HAIT PARK, FOR A PURCHASE $2,750,000 AND ACCORDANCE WITH TSET FORTH IN T E AGREEMENTAL
FUNDS, IN THE AMO T OF $2,840,000, FROM THE
$25 MILLION APPRO RIATED FROM THE $255
MILLION HOMELAND DEFENSE EIGHBORHOOD
IMPROVEMENT BOND TO C ER THE OSTS OF SAID
ACQUISITION INCLUSIVE F C ST OF SURVEY,
ENVIRONMENTAL REPORTS, AN TLE INSURANCE.
WHEREAS, Resolution No/take
1029, ado ted September 25, 2001,
directed the City Manager t all steps ecessary to initiate
and implement the developfnent of a superlative park in the Little
Haiti area ("Park ProXect"); and
WHEREAS, /theoundaries for the Park Project a established
by the City Csion are from Northeast 59th to Nor heast 67tH
Streets be 4een Northeast 2nd Avenue and the Railroad\Tracks,
Miami, F%orida; and
SUPERSEDED
CITY COMMISSION
MEETING QF
S E E 1 1 2003
Resolution No.
x:13-1002
EREAS, Resolution No. 02-395, adopted April 11, 2002,
directed he City Manager to expedite the land acquisition f
the Park roject approved in the $255 Million Hom and
Defense/Neighb hood Improvement Bond Issue; and
WHEREAS, th property, located at 6301-6307 ortheast
2nd Avenue, Miami, orida ("Property"), is with' the park
boundaries and is neces ry as part of the land a embly required
for the Park Project; and
WHEREAS, two independen appraisals tablished the fair
market value for the Property at $1,775,0 and
WHEREAS, the Purchase Price e ce s the appraised value of
$1,775,000 by $975,000; and
WHEREAS, the City of Miami ( City") is paying the additional
$975,000 above appraised valu for the sell r to provide certain
services and meet certain c ditions prior to osing; and
WHEREAS, the servi s and conditions prece nt to closing
are that the Seller all provide the Property vac nt, free of
any tenants, and a existing structures shall be demo 'shed and
removed, the se er shall be capped, and the Property s 11 be
free of debri and properly secured by fencing; and
WHERE in the event that environmental remediation i
require on the Property, the purchase price will be
auto tically reduced by an amount equal to the amount of the
c t estimate exceeding $200,000; and
Page 2 of 4
SUPERSEDED
xJ3-x.002
\and
is a condition precedent to the validity of t e
Purce Agreement ("Agreement") and its executio by
the that the City Commission approve the Ag eement
by aority of a four-fifths (4/5ths) affirma ive vote
of ind
WHEREAS, fai ing such approval the Agreem nt shall be
automatically null d void without the neces ity of further
action by either party;
NOW, THEREFORE, BE IT SOLVED BY THE OMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals a findings contained in the
Preamble to this Resolution ar dopted by reference and
incorporated as if fully set for in th Section.
Section 2. The City Manager is aut orizedl/ to execute
an Agreement, in substan ally the attached rm, between the
City and Lincoln Prope y II, Inc., a Florida c poratior' for
the acquisition of operty located at 6301-6307 rtheast 2nd
Avenue, Miami, Flo da, as legally described in the Ag ement in
connection with the development of Little Haiti Park, for a
purchase pric of $2,750,000 and in accordance with the terms set
forth in th Agreement, with funds in the amount of $2,840,00
1�
/Thherein authorization is further subject to compliance with
requirements that may be imposed by the City Attorney,
uding but not limited to those prescribed by applicable
isions of the City Charter and Code.
Page 3 of 4
SUPERSEDED o 3 10
alloc ed from the $25 Million appropriated from the $255 Million
Homeland efense/Neighborhood Improvement bond to cover the cost
of said ac uisition inclusive of cost of survey, environme al
reports, and t'tle insurance.
Section 3. This Resolution shall become effective
immediately upon its doption and signature of the yor.��
PASSED AND ADOPTED
ST:
s 11th day of Se
-- Ko%.- w —%_7— W& It ^ L—
PRISCILLA A. THOMPSO/DCCRRECTNESS:ex CITY CLERKoe
APPROVED,S M
L;L?"F'
F� V I
ATTORNEY
7497:tr: :BSS
er 2003.
A. DIAZ,
If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by
the City Commission.
Page 4 of 4
;j3 —1002
SUPERSEDED
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT, (the "Agreement") is made
and entered into this day of '2003, by and between
Lincoln Property II, Inc., a Florida corporation with offices at P. 0. BOX 558703,
6301-6307 NE 2nd Avenue, Miami, Florida 33255, Miami, Fl. 33155 (the "Seller")
and the City of Miami, a municipal corporation of the State of Florida, with offices
at 444 SW 2 Avenue, Miami, Florida 33130-1910 (the "Purchaser"). The Parties
hereby agree that Seller shall sell and Purchaser shall buy the following property
upon the following terms and conditions:
1, DESCRIPTION OF PROPERTY/PURPOSE OF ACQUISITION
(a) Legal Description:
Tracts "N" and "Q" of REID ACRES,
according to the map or plat thereof as
recorded in Plat Book 50, Page (s) 84, of the
Public Records of Miami -Dade County,
Florida.
Containing 389,364 square feet, more or less.
(b) Street Address:
6301-6307 NE 2nd Avenue, Miami, Florida 33138
2. PURCHASE PRICE, ADJUSTMENTS, APPRAISALS AND PAYMENT
The Purchaser agrees to pay and the Seller agrees to accept for the Property
the sum of Two Million Seven Hundred Fifty Thousand Dollars ($2,750,000)
(the "Purchase Price").
There have been two (2) appraisals of the Property the average of which is
One Million Seven Hundred Seventy -Five Thousand Dollars ($1,775,000).
The Purchase Price exceeds the average of the appraisals by Nine Hundred
Seventy -Five Thousand Dollars ($975,000). It is a condition precedent to the
validity of this Agreement and its execution by the City Manager that the
City Commission of the City of Miami approve this Agreement by a 4/5th vote
of its members, failing such approval this Agreement shall be automatically
null and void without the necessity of further action by either party.
The Purchase Price, as it may be adjusted, will be payable as follows:
(a) Deposit: Within five (5) days of the Effective Date, (defined as the
date on which this Agreement is fully executed) , the Purchaser shall
�J3-1002.
Z -d 69E6 Lbb SOE eLE:60 EO 11 daS
3.
6•d
pay to Esq. (the "Escrow Agent") Fifty
Thousand Dollars ($50,000.00) as a deposit (the "Deposit"). Upon the
earlier of (i) the expiration of the Environmental Investigation Period
(if the Purchaser has not elected to terminate this Agreement pursuant
to Section 4 (a) hereof), or (ii) the date of Purchaser's Notice of
Acceptance, as defined in Section 4 (a) hereof, the Purchaser shall
increase the Deposit to Three Hundred Thousand Dollars ($300,000).
The Deposit shall be held by the Escrow Agent in an interest bearing
account, with interest accruing to Purchaser, unless the Deposit is
disbursed to the Seller upon Purchaser's default. Immediately after
the increase of the t,Deposit to $300,000, Seller shall commence the
demolition process the improvements on the Property. The Escrow
Agent shall be authorized to disburse funds from the Deposit to the
Seller to pay the invoices related to the demolition work, as approved
by the City, as described in the Escrow Agreement to be entered into
not later than 10 business days after the Effective Date. At Closing,
the Deposit and all interest earned thereon, shall be credited against
the Purchase Price. In the event this Agreement is terminated by
Purchaser, as permitted in this Agreement, then the portion of the
Deposit that has not been used to pay demolition costs, together with
interest earned thereon, shall be returned to the Purchaser.
(b) Closing Payment: At Closing, the Deposit, plus the balance of the
Purchase Price, adjusted by adjustments, credits, prorations, or as
otherwise provided in this Agreement, shall be paid by the Purchaser
to the Seller in the form of cashier's check or wire transfer.
SELLER'S OBLIGATION, DEMOLITION, AND OTHER
REPRESENTATIONS.
(a) Not later than the thirty (30) days prior to the Closing Date as defined
in Section 6 below, the Seller shall have fully performed, at its sole cost
and expense, and provided Purchaser evidence of completion of the
following undertakings:
(i) The Seller must comply with the Florida Mobile Home Act
(§723.001, et. seq., Fla. Stat.).
(ii) The Property shall be vacant and all existing structures shall
have been demolished and removed, the sewer shall be capped,
and the Property shall be free of debris and properly secured by
fencing or as may be otherwise required by law. The Seller shall
be authorized to use the Deposit to pay the cost of demolition
provided that the demolition work is performed in accordance
2 13.002
69EB Gbb SOE eGE=60 EO iT daS
4.
with all applicable legal requirements, the Purchaser has
approved Seller's demolition plan and budget and the invoices to
be paid out of the Deposit are first approved by the Director of
Economic Development of the City, whose approval shall not be
unreasonably withheld or delayed.
(b) Seller agrees to copy Purchaser with all notices required under the
Florida Mobile Home Act. Seller shall further provide to Purchaser
quarterly rent rolls, or as may otherwise be required by Purchaser, and
such other documentation as Purchaser may reasonably require to
evaluate Seller's progress in its compliance with the Florida Mobile
Home Act.
(c) Seller agrees to use its best efforts not to cause, nor permit, any code
violation to occur on the Property during the term of this Agreement.
Seller acknowledges that Purchaser is relying on this representation
and that this representation is a material inducement to Purchaser in
authorizing Seller to use the Deposit prior to Closing.
(d) Seller represents and warrants to Purchaser that, at the time of
closing, there are no parties in possession of the Property other than
Seller, and that there are no oral or written leases, options to
purchase, or contracts for sale covering all or part of the Property.
Seller shall further warrant that there are no parties having
ownership of improvements on the Property and no parties having any
interest in the Property. To the extent necessary, Seller agrees to
take all action, including the expenditure of money, to ensure
compliance with the representations and warranties set forth herein.
ENVIRONMENTAL MATTERS
(a) Environmental Investigation Period:
Purchaser, its employees, agents, consultants and contractors shall
have a period of six (6) months from the Effective Date (the
"Environmental Investigation. Period") in which to undertake at
Purchaser's expense, such physical inspections and other
investigations of and concerning the Property. Said inspections may
include, but are not limited to surveys, soil borings, percolation,
engineering studies, environmental tests and studies and other tests
as Purchaser considers necessary for Purchaser and his consultants to
review and evaluate the physical characteristics of the Property and to
perform certain work or inspections in connection with such evaluation
(the "Environmental Inspection"). Purchaser shall perform the
-J3-100`'
3
t, -d 69EB Lot, SOE eBE:60 EO 11
dos
Environmental Inspections during regular business hours and after
giving Seller reasonable notice thereof. Purchaser shall use good faith
efforts not to interfere with Seller's or tenants' use of the Property in
the performance of the Environmental Inspections.. The Purchaser,
may extend the Environmental Investigation Period for up to two (2)
additional months if based upon the results of the testing, additional
testing is warranted, or may reduce the Environmental Investigation
Period by giving Seller written notice of its acceptance of the Property
prior to expiration thereof (the "Notice of Acceptance"). For the
purpose of conducting the Environmental Inspection, Seller hereby
grants to Purchaser and its consultants and agents or assigns,
reasonable right of entry upon the Property during the Inspection
Period through the closing date. The right of access herein granted
shall be exercised and used by Purchaser, its employees, agents,
representatives and contractors in such a manner as not to cause any
damage or destruction of any nature whatsoever to, or interruption of
the use of the Property by the Seller, its employees, officers, agents
and tenants.
(b) Inspection Indemnity, Insurance and Releases:
Notwithstanding anything contained in this Agreement to the
contrary, as consideration for the Seller granting a continuing right of
entry, the Purchaser hereby specifically agrees to: (i) immediately pay
or cause to be removed any liens filed against the Property as a result
of any actions taken by or on behalf of Purchaser in connection with
the inspection of the Property; (ii) immediately repair and restore the
Property to its condition existing immediately prior to the Inspection
Period; and (iii) to the extent permitted, and subject to the limitations
afforded governmental agencies by law, indemnify, defend and hold
harmless Seller, its employees, officers and agents, from and against
all claims, damages or losses incurred to the Property, or anyone on
the Property as a result of the actions taken by the Purchaser, any of
its employees, agents, representatives or contractors, with respect to
the inspection of the Property, provided, however, Purchaser shall not
be liable for the negligence or misconduct of Seller, its employees,
officers and agents, or anyone employed by any of them.
Prior to Purchaser entering upon the Property for purposes of
commencement of the Environmental Inspection, Purchaser shall
furnish to Seller the policy or policies of insurance or certificates of
insurance, protecting the Seller and Purchaser, during the course of
such testing, against all claims for personal injury and property
damage arising out of or related to the activities undertaken by the
a 93-1002
S ' d 6968 Lt it 906 e86 : 60 60 11 des
Purchaser, its agents, employees, consultants and contractors, or
anyone directly or indirectly employed by any of them or anyone for
whose acts they may be liable, upon the Property or in connection with
the Environmental Inspection.
(c) RemediesfRight of Termination:
. The Purchaser shall have the right to terminate this .Agreement at
any time during the Environmental Investigation Period for a
reason except those relating to survey and Title Defects, as provid in
Section 5 hereof. Purchaser shall exercise the right to termi a this
Agreement, by giving Seller written notice of its decision to not later
than the expiration date of the Environmental Investigation Period,
whereupon, the parties shall be relieved of any and all further
responsibilities and obligations under this Agreement; and Purchaser
shall be refunded the Deposit and all interest earned. In the event
Purchaser does not elect to terminate this Agreement, as herein
provided, then Purchaser shall proceed to Closing without any
reduction in the Purchase Price.
(d) Waiver and Release:
In the event that Purchaser does not elect to cancel this Agreement,
Purchaser acknowledges and agrees that the sale of the Property as
provided for herein is made on an "AS IS" condition and basis with all
faults.
(e) Seller's Representations Regarding Lack of 11,nowledge of
Environmental Conditions:
Seller represents and warrants to Purchaser that, to the best of Seller's
knowledge but without making independent inspection or inquiry:
(i) The Property is presently free from contamination by
Hazardous Materials, and the Property and the activities conducted
thereon do not pose any significant hazard to human health or the
environment or violate any applicable Environmental Laws. There is
no evidence of any existing release of Hazardous Materials at the
Property.
(ii) There has been no generation, treatment or storage of any
Hazardous Materials at the Property nor any activity at the Property
which could have produced Hazardous Materials.
,J3-1002
5
9'd 69EB Lib SOC eBE:60 60 11 das
11
(iii) There are no surface impoundments, lagoons, waste piles,
landfills, injection wells, underground storage areas, tanks, storage
vessels, drums, containers or other man-made facilities which may
have accommodated Hazardous Materials on the Property. Neither
Seller nor any third persons have stored, placed, buried or released
Hazardous Materials on the Property, including the soil, surface water
and ground water.
(iv) There has been no treatment, storage or release of any
Hazardous Materials on land adjacent or near to the Property which
may constitute a risk of contamination of the Property or surface or
ground water flowing to the Property.
(v) No inspection, audit, inquiry or other investigation has
been or is being conducted by any governmental agency or other third
person with respect to the presence or discharge of Hazardous
Materials at the Property or the quality of the air, or surface or
subsurface conditions at the Property. Seller has received no notice
that any such inspection, audit, inquiry or investigation is pending or
proposed, nor has Seller or any previous owner of the Property
received any warning notice, notice of violation, administrative
complaint, judicial complaint or other formal or informal notice
alleging that Hazardous Materials have been stored or released at the
Property or that conditions on the Property are in violation of any
Environmental Laws.
TITLE EVIDENCE AND SURVEY
Within five (5) days of the Effective Date, Seller shall deliver to Purchaser an
existing Pro -forma Commitment issued by Attorney's Title Insurance Fund,
having an effective date of . 200_ (the "Base Title"). Purchaser
shall be .responsible for obtaining, at its sole cost, (i) a commitment for title
insurance, from a recognized title insurance company authorized to issue title
insurance in the State of Florida, agreeing to insure Purchaser's title, free of
all exceptions, except those that may be accepted by Purchaser, together with
all corresponding title documents, and (ii) a survey of the Property showing
the Property to be free of encroachments or conditions that, in Purchaser's
sole discretion, would affect its proposed use of the Property. Purchase4shall
have a period of three (3) months from the Effective Date (the Title
Inspection Period") in which to obtain and examine the survey and the title
commitment and submit to the Seller its objections (the "Title Defect").
Seller shall have a period of sixty (60) calendar days after its receipt of
Purchaser's notice in which to cure the Title Defect, provided, however, that
Seller shall not be required to (i) file suit to clear a Title Defect, (ii) be
R11
1,-C1 6968 Ltrt, 906
93-1002
e6E=60 EO TT das
responsible for any code violation and code violation liens recorded against
the Property subsequent to the date of the Title Base, or (iii) remove any
matters appearing on the plat, utility easements, or any other matters
common to the subdivision. Seller shall use best efforts to cure Title Defects,
including, but not limited to, Title Defects that are curable through the
payment of money, except as provided above.
If Seller shall be unable to convey title to the Property according to provisions
of this Agreement, or Purchaser is unwilling to accept the title Defects that
Sellers is not required to cure, then Purchaser may: (i) elect to accept such
title that Seller may be able to convey, with no reduction in Purchase Price;
or (ii) terminate this Agreement, in which case the Deposit and all interest
Earned thereon shall be returned by Escrow Agent to Purchaser. Upon such
refund, this Agreement shall be null and void and the parties hereto shall be
relieved of all further obligation and liability, and neither party shall have
any further claims against the other.
6. CLOSING DATE
Unless otherwise extended by other provisions of this Agreement, closing
shall take place within twelve (12) months after the expiration of the
Environmental Investigation Period, or the date of Purchaser's Notice of
Acceptance, whichever occurs first, at a mutually agreeable time (the
"Closing") at the City of Miami, Department of Economic Development
located at 444 SW 2 Avenue, Suite 325, Miami, Florida or at such other
location within the City of Miami that the Purchaser may designate in
writing by affording a notice to Seller as provided herein. The parties may,
subject to mutual written agreement, establish an earlier or extend the date
for Closing.
7. CLOSING DOCUMENTS
(a) Seller's Closing Documents:
At Closing, Seller shall execute and/or deliver to Purchaser the
following documents, in form and substance acceptable to the
Purchaser's City Attorney:
(1) Statutory Warranty Deed;
(2) A Seller's Affidavit and a Non -Foreign Affidavit;
(3) Such other documents as are necessary to fully authorize the
sale of the Property and the execution of all closing documents;
(4) An affidavit reaffirming the warranties and representations set
forth in Section 4 (e) herein and certifying compliance with the
VA
B'd 69EB Lbb SOE
")3—.-002
e6E=60 60 11 daS
requirements of the Florida Mobile Home Act, (Section 723.001,
et. seq., Fla. Stat.), and completion of the demolition work.
(b) Purchaser's Closing Documents:
At Closing, Purchaser shall execute and deliver to Seller the following:
(1) Closing Statement;
(2) Such other documents as are necessary to fully authorize the
purchase of the Property and the execution of all closing
documents.
(c) Other Contract Documents:
Seller acknowledges that the property is being acquired by a
governmental agency and that the transaction may be subject to
certain federal, state and local requirements, which include reporting
and disclosure of information.
Seller agrees to comply with the public disclosure and inspection
requirements under Chapter 119, Florida Statutes, disclosure of
beneficial interests under Section 286.23, Florida Statutes,
certification regarding conflict of interest under Chapter 112, Florida
Statutes, Chapter 2 of the Miami City Code and §2-11-1 of the Miami -
Dade County Code, certification regarding Public Entity Crimes under
Section 287.133, Florida Statutes, and in connection therewith, Seller
agrees to execute and deliver all documents required or requested by
Purchaser or any other governmental authority, including, but not
limited to:
(1) Conflict of Interest and Non- Collusion Affidavit; and
(2) Sworn Disclosure of Beneficial Interests in Seller in Seller
(3) Seller is a partnership, limited partnership, corporation, or
trust, and
(4) Public Entity Crime Affidavit.
8. CLOSING COSTS AND ADJUSTMENTS
At Closing, the following items shall be borne, adjusted, prorated or assumed
by or between Seller and Purchaser as follows:
(a) Adjustments and Prorations•
6-d 6968 Gbb SOE
a
"J3-1002
e0b:60 EO TT das
(1) Certified/Pending Liens: Certified, confirmed and ratified
governmental liens as of the Closing Date shall be paid by
Seller. Pending liens as of the Closing Date shall be assumed by
Purchaser.
(2) Other Taxes Expenses Interest. Etc: Taxes, assessments,
water and sewer charges, waste fee and fire protection charges,
if applicable, shall be prorated.
(3) Usual and Customary: Such other items that are usually and
customarily pro -rated between purchasers and sellers of
properties in the area where the Property is located. All pro -
rations shall utilize the 365 -day method.
(b) Closing Costs:
(1) Each party shall be responsible for its own attorney's fees
incurred in connection with the Closing.
(2) Seller shall pay:
(i) documentary stamps and surtax on the deed.
(ii) all recording charges or filing fees required in order to
clear title.
9. DEFAULT
(a) If this transaction does not close as a result of default by Seller,
Purchaser, shall have all remedies available at law or in equity or elect
to: (i) terminate this Agreement and receive the return of the Deposit
and all interest thereon; or (ii) waive any such conditions or defaults
and to consummate the transactions contemplated by this Agreement
in the same manner as if there had been no conditions or defaults and
without any reduction in the Purchase Price and without any further
claim against Seller.
(b) If this transaction does not close as a result of default by Purchaser,
Seller, as and for its sole and exclusive remedy, shall retain the
Deposit and all interest earned thereon, as liquidated damages and not
as a penalty for forfeiture, actual damages being difficult or impossible
to measure.
(c) Neither party shall be entitled to exercise any remedy for a default by
the other party, except failure to timely close, until (i) such party has
i;3-1002
OT -d 6966 Lbt► 906 eot,:60 EO I daS
delivered to the other notice of the default and (ii) a period of ten
calendar (10) days from and after delivery of such notice has expired
with the other party having failed to cure the default or diligently
pursued remedy of the default.
10. RISK OF LOSS
The Seller shall have all risk of loss or damage to the Property by fire or
other casualty, or acts of God, until title to the Property is transferred to
Purchaser on the Closing Date.
11. DESIGNATION OF REPRESENTATIVES
Purchaser and Seller have appointed the following persons on their
respective behalves to be their representatives, to wit:
On behalf of Purchaser.-
City
urchaser.
City of Miami
Department of Economic
Development
Keith Carswell, Director
444 SW 2 Avenue, 3rd Floor
Miami, FL 33130
Telephone No.: (305) 416-1400
Fax (305) 416-2156
With a copy to:
Alejandro Vilarello, City Attorney
City of Miami
444 SW 2 Avenue, Suite 945
Miami, FL 33130
12. NOTICES
On behalf of Seller:
Lincoln Property II, Inc.
Andres F. Rodriguez
P.O. Box 558703
Miami, Florida 33255
Fax (305) 638-2946
With a copy to:
Zaidy R. Pozo, Esq.
26551eJeune road, Penthouse ID
Coral Gables, F133134
Telephone No. (305) 442-7141
Fax (305) 447-8369
All notices or other communications which may be given pursuant to this
Agreement shall be in writing and shall be deemed properly served if
delivered by personal service or by certified mail addressed to Seller and
Purchaser at the address indicated herein. Such notice shall be deemed
given on the day on which personally served; or if by certified mail, on the
fifth day after being posted or the date of actual receipt, whichever is earlier:
^:13-1002
10
69E6 Lbb SDE e0b:60 60 TT das
Purchaser:
Joe Arriola, City Manager
City of Miami
Post Office Box 330708
Miami, FL 33233-0708
Copies To.-
City
o:City of Miami
Keith Carswell, Director
Department of Economic
Development
444 SW 2 Avenue, 3rd Floor
Miami, FL 33130
Alejandro Vilarello
City Attorney
444 SW 2 Avenue, Suite 945
Miami, FL 33130
13. CAPTIONS AND HEADINGS
Seller:
Lincoln Property II, Inc.
Andres F. Rodriguez
P.O. Box 558703
Miami, Florida 33255
Fax (305) 638-2946
The Section headings or captions appearing in this Agreement are for
convenience only, are not part of this Agreement, and are not to be considered
in interpreting this Agreement.
14. BINDING EFFECT
This Agreement shall bind and inure to the benefit of the parties hereto and
their successors in interest.
15. GOVERNING LAW
This Agreement shall be governed according to the laws of the State of
Florida and venue shall be in Miami- Dade County, Florida.
16. AWARD OF AGREEMENT
Seller represents and warrants that it has not employed or retained any
person employed by the Purchaser to solicit or secure this Agreement and
that it has not offered to pay, paid, or agreed to pay any person employed by
`J3-100' y
11
69EB Lib 90E eTb:60 E0 Ti das
the Purchaser any fee, commission percentage, brokerage fee, or gift for the
award of this Agreement.
17. CONFLICT OF INTEREST
The Seller covenants that no person under its employ who presently exercises
any functions or responsibilities in connection with purchase and sale of the
Property has any personal financial interest, direct or indirect, in this
Agreement, except for the interest of the Seller in the sale of the Property.
The Seller is aware of the conflict of interest laws of the City of Miami (City
of Miami Code Chapter 2, Article V), Dade County, Florida (Dade County
Code Section 2-11-1) and the State of Florida (Chapter 112, Florida Statutes),
and agrees that it shall comply in all respects with the terms of said laws and
any future amendments, as well as all other federal or state laws or
regulations applicable to the transaction that is the subject matter of this
Agreement.
18. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which
shall be deemed to be an original but all of which shall constitute one and the
same Agreement.
19. WAIVERS
20.
No waiver by either party of any failure or refusal to comply with its
obligations shall be deemed a waiver of any other or subsequent failure or
refusal to comply. All remedies, rights, undertaking, obligations and
agreement contained herein shall be cumulative and not mutually exclusive.
The epresent ions rdl45X
drranties co ained in thi AgreemeVil
hall
su ave the osing aa enforceab y the respec ' e parties yuch
time as e anguished law.
21.. PARTIAL INVALIDITY
In the event that any provision of this Agreement shall be unenforceable in
whole or in part, such provision shall be limited to the extent necessary to
render same valid, or shall be excised from this Agreement, as circumstances
require, and this Agreement shall be construed as if said provision had been
incorporated herein as so limited, or as if said provision had not been
included herein, as the case may be.
12 -93-1002
61'd 6968 Lbb 906 eTt':60 60 11 das
22. WAIVER OF TRIAL BY JURY
The parties hereby knowingly, voluntarily and intentionally waive any right
they may have to a trial by jury, waiver of right to fife permissive
counterclaims, or waiver of right to claim attorney's fees in respect to any
litigation arising out of, under or in connection with this Agreement, or any
course of conduct, course of dealing, statements (whether verbal or written)
or actions of any party hereto. This provision is a material inducement for
Purchaser and Seller entering into this Agreement.
23. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties. There
are no promises, agreements, undertakings, warranties or representations,
oral or written, express or implied, between the parties other than as herein
set forth. No amendment or modification of this Agreement shall be valid
unless the same is in writing and signed by the City Manager on behalf of the
Purchaser and the Seller.
24. TIME OF THE ESSENCE
Time is of the essence of this Agreement and in the performance of all conditions
and covenants to be perfornied or satisfied by either party hereto. Whenever a date
specified herein shall fall on a Saturday, Sunday or legal holiday, the date shall be
extended to the next succeeding business day.
25. EFFECTIVE DATE/TIME OF ACCEPTANCE
The Effective Date of this Agreement shall be the date on which the last
party to this Agreement executes said Agreement, the Agreement has been
approved by the Miami City Commission and the Seller has been notified in
writing of the approval.
26. AUTHORITY OF CITY MANAGER
The Resolution of the City Commission of the Purchaser shall, in addition to
approving the purchase contemplated under this Agreement, empower the
City Manager of the City to modify this Agreement in the event a non-
material modification to this Agreement becomes necessary or desirable.
27. APPROVAL BY THE MIAMI CITY COMMISSION.
This Purchase and Sale Agreement is subject, as a condition precedent, to the
approval of the Miami City Commission.
13
�A-1002
bi'd 69EB Gbb SOE Al--
elt=60 60 11 daS
28. THIRD PARTY BENEFICIARIES
Neither Seller nor the City intends to directly or indirectly benefit a third
party by this Agreement. Accordingly, therefore the parties agree that there
are no third party beneficiaries to this Agreement and that no third party
shall be entitled to assert a claim against the Purchaser or Seller based upon
this Agreement.
29. BROKER'S COMMISSION
The Purchase and the Seller each represent and warrant that they have dealt
with no broker or any other party that may have acted as a procuring cause
to this Agreement.
30. ASSIGNMENT
This Agreement, or any interest therein, shall not be assigned, transferred or
otherwise encumbered under any circumstances by either party without the
prior written consent of the other party, which may be unreasonably refused.
IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement, as of the day and year first above written.
ATTEST:
By:
Print Name:
Title:
14
"SELLER"
LINCOLN PROTER
Florida coruor ion
By: _
Print
Title!
siden
s Granado
iJ3-1002
ST'd 6968 Lbb 906 eat,:6o EO 1T das
Attest:
Priscilla A. Thompson, City Clerk
Approved as to Form and Correctness
Alejandro Vilarello, Lity Attorney
9T'd 6968 Lbb S06
"BUYER"
THE CITY OF MIAMI, a municipal
corporation of the State of Florida
By:
Joe Arriola, City Manager
Approved as to Insurance
Requirements
Dianne J. Ericson, Administrator
Risk Manager
03-1001
15
eab=6o 6o TT das
TO: The Honorable r
embers of e City mmissi
FROM:
oe iola,
hie Administrator
RECOMMENDATION:
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
DATE: Acquisition of Real Property FILE:
Located at 6301-6307 NE 2°a Avenue
SUBJECT: LHP # 93&94 in Connection with Little
Haiti Park Project
REFERENCES:
ENCLOSURES: Resolution and Purchase and Sale
Agreement
It is respectfully recommended that the City Commission adopt the attached Resolution authorizing the
City Manager to execute a Purchase and Sale Agreement for the acquisition of the property located at
6301-6307 NorthEast 2nd Avenue (the "Property"), Miami, Florida, as legally described in the Purchase
and Sale Agreement between the City of Miami and Lincoln Property II, Inc., a Florida corporation
attached hereto and made a part hereof, in connection with the development of a park in Little Haiti, for a
total purchase price of $2,750,000 and to consummate said transaction in accordance with the terms of
said Purchase and Sale Agreement. This Resolution further allocates funds in the amount of $2,840,000
from the $25 Million appropriated from the $255 Million Homeland Defense/Neighborhood
Improvement Bond to cover the cost of said acquisition inclusive of cost of survey, environmental
reports, and title insurance associated with said acquisition.
BACKGROUND:
On September 25, 2001 the City of Miami Commission adopted Resolution 01-1029 directing the City
Manager to take all steps necessary to initiate and implement the development of a first-class park in the
Little Haiti area (the "Park Project"). The boundaries for the Park Project as established by the City
Commission are to be from Northeast 59th Street to Northeast 64th Terrace between Northeast 2nd
Avenue and Northeast 4th Avenue. On April 11, 2002 the City of Miami Commission adopted
Resolution 02-395 directing the City Manager to expedite the land acquisition for the Park Project
approved in the $255 Million Homeland Defense/Neighborhood Improvement Bond Issue. The above
referenced property is within the park boundaries and is necessary as part of the land assembly required
for the Little Haiti Park Project.
Two independent appraisals were procured and established One Million Seven Hundred and Seventy -
Five Thousand Dollars ($1,775,000) as the fair market value for the Property. The Purchase Price
exceeds the appraised value of One Million Seven Hundred and Seventy -Five Thousand Dollars
($1,775,000) by Nine Hundred and Seventy -Five Thousand Dollars ($975,000). The City is paying the
additional Nine Hundred and Seventy -Five Thousand Dollars ($975,000) above appraised value in order
for the seller to provide certain services and meet certain conditions prior to closing. The services and
conditions precedent to closing are that the Seller shall provide the property vacant, free of any tenants,
and all existing structures shall have been demolished and removed, the sewer shall be capped, the
Property shall be free of debris and properly secured by fencing. In the event that environmental
remediation is required on the Property, the purchase price will be automatically reduced by an amount
equal to the amount of the cost estimate exceeding $200,000.
93-1002
The Honorable Mayor and
Members of the City Commission
Re: Acquisition of Real Property
Located at 6301-6307 NE 2nd Avenue
LHP # 93&94 in Connection with
Little Haiti Park Project
Page 2
It is a condition precedent to the validity of the Purchase and Sale Agreement and its execution by the
City Manager that the City Commission of the City of Miami approve this Agreement by a greater
majority of a 415`h vote of its members; failing such approval, the Purchase and Sale Agreement shall be
automatically null and void without the necessity of further action by either party.
FINANCIAL IMPACT
There is no impact to the City's General Fund. Total acquisition cost of $2,840,000 will be
provided through CIP NO. 331412 entitled "Little Haiti Park Land Acquisition and
Development."
JA. MH: : v.m Purch& SaIeLHP 93-94.doc
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Priscilla A. Thompson August 20, 2003
TO : City Clerk DATE: FILE
Purchase Real Property
SUBJECT: Located at 6301-6307 NE 2nd Avenue
LHP # 93&94 in Connection with
Little Haiti Park Project
FROM: Keith Carswell, Dir ct REFERENCES:
Department of Econ c Zvelopment
ENCLOSURES:
Enclosed you will find an ad for notice of a public hearing to be held by the City Commission on
September 11, 2003 for the purpose of authorizing the City Manager to execute a Purchase and
Sale Agreement for the acquisition of the property located at 6301-6307 Northeast 2nd Avenue
(the "Property"), Miami, Florida, as legally described in the Purchase and Sale Agreement
between the City of Miami and Lincoln Property 11, Inc., a Florida corporation in connection with
the development of a park in Little Haiti, for a total purchase price of $2,750,000 and to
consummate said transaction in accordance with the terms of said Purchase and Sale Agreement.
Further allocating funds in the amount of $2,840,000 from the $25 Million appropriated from the
$255 Million Homeland Defense/Neighborhood Improvement Bond to cover the cost of said
acquisition inclusive of cost of survey, environmental reports, and title insurance associated with
said acquisition.
Please place the ad in accordance with public hearing requirements of the City Commission.
Thank you for your assistance in this matter.
:I�
Agenda Coordinator
Enclosure
KC:mv:AD LHP93&94.doc
03-1002
CITY OF MIAMI, FLORIDA
NOTICE OF PUBLIC HEARING
A public hearing will be held by the City Commission of the City of Miami, Florida on
September 11th, 2003, at 9:30 a.m., in the City Commission Chambers located at City
Hall, 3500 Pan American Drive, Miami, Florida, for the purpose of authorizing the City
Manager to execute a Purchase and Sale Agreement for the acquisition of the property
located at 6301-6307 Northeast 2nd Avenue (the "Property"), Miami, Florida, as legally
described in the Purchase and Sale Agreement between the City of Miami and Lincoln
Property II, Inc., a Florida corporation in connection with the development of a park in
Little Haiti, for a total purchase price of $2,750,000 and to consummate said transaction
in accordance with the terms of said Purchase and Sale Agreement. Further allocating
funds in the amount of $2,840,000 from the $25 Million appropriated from the $255
Million Homeland Defense/Neighborhood Improvement Bond to cover the cost of said
acquisition inclusive of cost of survey, environmental reports, and title insurance
associated with said acquisition.
The purchase price exceeds the appraised value of One Million Seven Hundred and
Seventy -Five Thousand Dollars ($1,775,000.00) dollars by Nine Hundred and Seventy -
Five Thousand ($975,000.00) dollars. The City is paying the additional Nine Hundred
and Seventy -Five Thousand Dollars ($975,000) above appraised value in order for the
seller to provide certain services and meet certain conditions prior to closing. The
services and conditions precedent to closing are that the Seller shall provide the property
vacant, free of any tenants, and all existing structures shall have been demolished and
removed, the sewer shall be capped, the Property shall be free of debris and properly
secured by fencing. It is a condition precedent to the validity of the Purchase and Sale
Agreement and its execution by the City Manager that the City Commission of the City
of Miami approve this Agreement by a greater majority of a 4/5t' vote of its members;
failing such approval, the Purchase and Sale Agreement shall be automatically null and
void without the necessity of further action by either party.
All interested persons are invited to appear and may be heard concerning such proposed
acquisition. Should any person desire to appeal any decision of the City Commission
with respect to any matter considered at this hearing, that person shall ensure that a
verbatim record of the proceedings is made, including all testimony and evidence upon
which any appeal may be based.
(City Seal) Priscilla A. Thompson
(Ad #11085) City Clerk
,43--1002
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday anc
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review Vk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
PO #11085
CITY OF MIAMI - PUBLIC HEARING 9/11/03
AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE ETC.
in the XXXX Court,
was published in said newspaper in the issues of
08/29/2003
Affiant turther says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miarni-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securin is adverti nt for publication in the said
newspapOr.
Sworn to and subse0ed before me this
29 ds
(SEAL)
/ O.V. FERBEYRE
i
Mlo +VETT LLERENA
.. UC STATE OF FLORIDA
COQ^,1:
Mercredi 3 Septembre 2003 DROGUE Page 7
ftditi en Marche Vol. XVII No. 31
Un baron de la drogue colombien
condamne a 30 ans de prison aux
Etats—Unis 1996 avoir cense toile activite do trafic de drogue, est le
principal narcotrafiquant extrade de Colombie depuis que
MIAMI, 26 Aout - Un tribunal de Miami
(Floride) a condamne le mardi 26 aofit le
narcotrafiquant colombien Fabio Ochoa, un baron
du cartel de Medellin, a 30 ans de prison pour
trafic de drogue et blanchiment d'argent.
Ochoa, 46 ans, a 6cout6 assis, les yeux
fenn6s et sans un mouvement, le juge Michael
Moore prononcer la condainnation a 365 moil de
prison et 25.000 dollars d'amende pour sa
participation a un r6scau qui faisait entrer quelque
30 tonnes tic cocaine par mois aux Etats-Unis a
la fin des amr6es 90.
Le juge ibloore a justifie la sentence en
6voquant "1'enornrit6" de ]'implication d'Ochoa
dans cc gigantesque trafic.
Consid6r6 comme Fun des rates
dirigeants survivants du cartel de Medellin, Ochoa
avail et6 extrade aux Etats-Unix en 2001 par la
Colombie et it avait ate reconnu coupable en mai
dernier des charges port6cs contre lui, lots de son
proces a Miami.
Le narcotrafiquant, qui affirme depuis
Hermione
Leonard dement
avoir quitte Haiti
(Hermione ... suite de la page 3)
Hoy avait lie la disgrace de 1'ancienne cMtfe de la DDO an
sein du park an pouvoir, Fanmi Lavalas, it une apparente
tentative de sequestration des deux filler du president Jean
BcrtrandAristide, Christine et Michaelle, par une douzaine
d'agents de la DDO, pendant la premiere quinzaine du mois
d'aofrt 200_3».
Hermione Leonard a declare a A1terPresse ne pas
accorder d°importance a ces « allegations » du quotidien
dommicain. « On a fait beaucoup de bruit pour rien. II n'y a
pas cu d'incident ce jour -la. Je n'ai pas de probleme avec le
pouvoir », a ajout6l'ancienne commissaire divisionnaire.
Hermione Leonard justifie plutot sa demission par
la fatigue et ]'impuissance. « Comme directrice de la DDO,
je tie me sentais jamais a mon wise. J'6prouvais un senti-
ment male de honte et d'impuissance face A 1'insecurit6 qu'on
n'arrivait pas a juguler », a sonde aAlterPresse H. Leonard,
qui a ate fres pen loquace sur ses projets.
Le nom de Hermione Leonard a ate cite, en janvier
2003, clans une liste de personnalit6s du regime lavalas,
dont les visas d'entr6e aux Etats-Unis ont ate annul6s pour
« implication pr6sum6e dans le trafic de drogue » en direc-
tion des Etats-Unis.
A la question de savoir si elle est toujours sous le
coup de cette interdiction d'entr6e dans lar6publique 6toil6e,
1'ancienne commissaire divisionnaire ditn'avoir pas cherche
A savoir. a Cela tie m'int6resse pas. Je n'ai effectue aucune
demarche aupres de 1'ambassade on du consulat », ajoute
Hermionne Leonard.
Fabio Ochoa condamne i 30 ans de prison
ce pays a aboli en 1997 Finterdiclion des extraditions, qui
avail ate imposee six ans auparavant an plus haut d'une
campagne d'attentats ala bombe etd'assassinats organises
par les cartels de la drogue.
Durant les ann6es 80, Ochoa avail ate I'un des
plus implacables lieutenants de Pablo Escobar, le chef du
cartel de Medellin tub par la police en 1993, qui a ses beaux
jours exportait 8V%, de la cocaine vendue sur le marche
am6ricain.
En 1990, Ochoa s'6tait rendu de lui-mems aux
autorit6s colombiennes, avec lesquelles it avait conchr un
accord, et etait rest6 en prison jusqu'en 1996. 11 avail ate
artW a nouveau dans son pays en 1999 avec une trentaine
d'autres trafiquants.
Le juge Moore a rappel6 que des sa liberation des
prisons colombiennes, Ochoa avail repris ses activites
criminelles. Ses d6fenseurs, qui ont annonc6 qu'ils allaient
faire appel, ont pr6f&6 mettre ]'accent sur un point non
respecte, selon eux, de I'accord d'extradition sign entre
les Etats-Unis et la Colombie.
Selon les avocats d'Ochoa, cet accord pr6voyait
que les Etats-Unis ne jugeraient pas les faits commis avant
1997.
"Le gouvernement am6ricain a viola ce matin son
accord avec la Colombie", a affirme Roy Black, un des
avocats d'Ochoa, aussit6t apres la sentence.
Le consul de Colombie, Mme Carmen Jaramillo,
a estim6 de son cote que les Etats-Unix avaient respecte le
souhait de son gouvernement qui tie voulait ni
condemnation a mort ni peine de prison a perp6tuit6.
Selon le procureur Edward Ryan, Ochoa 6tait
"Pune des quatre on cinq persormes connues pour avoir
W les dirigeants du cartel de Medellin qui a change le
monde de la fagon que nous savons".
Lots de son proces en mai, Ochoa avail plaid6
(voir Drogue / 8)
vop
U . FV�4
CITY OF MIAMI, FLORIDA
ANNONCE D'AUDITION
PUBLIQUE
Une audition publique sera tenue par la City
Commission of the City of Miami, Florida le 11
Septembre 2003, a 9 :30 a.m., dans la City Commission
Chambers situ6e a Citv Hall, 3500 Pan American
Drive, Miami, Florida, en vue d'autoriser le City
Manager a executer un Accord d'Achat et de Vente
pour ]'acquisition de la propri6t6 sise all 6301-6307
Northeast 21,11 Avenue (the " Property ' ), Miami,
Florida, comme 16galement d6crite dans I'Accord_
d'Achat et de Vente entre City of Miami et Lincoln
Property Il, Inc., une compagnie de Floride en
connexion avec le developpement d'un pare a Little
Haiti, pour un prix d'achat total de $2,750.000 et pour
consommer ladite transaction en accord avec les termer,
de ledit Accord d'Achat et de Vente. Ensuite allouer
des fonds d'un montant de $2,840,000 sur les $25
Millions provenant des $255 Millions du Homeland
Defense/Neighborhood Improvement Bond destine A
couvrir le coat de ladite acquisition, y compris le cont
du survey, des rapports environnementaux, et le titre
d'assurance associ6e a ladite acquisition.
Le prix d'achat excede la valeur estimative
de 1 Million Sept Cent Soixante Quinze ($1,775,000)
dollars de Neuf Cent Soixante Quinze Mille
($975,000) dollars. La City paie le coat additionnel
de Neuf Cent Soixante Quinze Mille ($975,000) au-
dessus de la valeur estimative, a charge par le vendeur
de fournir certains services et satisfaire certaines
conditions avant la cl6ture de la vente. Les services et
conditions devant pr6c6der la cl6ture sont que le
Vendeur fournira la propriet6 yacante, libre de tout
occupant, et toutes les structures existantes devront
We d6molies et enlevees, les 6goats seront ferm6s, la
Propriete sera dcbarrassee de tout debris et proprement
securisce par une cl6ture. C'est une condition pr6alable
a la validit6 de ]'Accord d'Achat et de Vente et'A'son
execution par le City Manager que la City Commission
de la City of Miami approuve cet Accord par un vote
a une plus grande majorite de 4/5' de ses membres
faute de quoi, ]'Accord d'Achat et de Vente sera
automatiquement nul et non avenu sans le besoin
d'aucune autre action a entreprendre par l'une on
I'autre partie.
Toute personne interessee est invitee a se
presenter et pent etre entendue dans le cadre de
]'acquisition proposee. Une personne qui desire faire
appel A toute decision de la City Commission en
rapport avec toute matiere consideree dans le cadre
de cette audition, devra s'assurer qu'un enregistrement
verbatim des d6bats a ate fait, y compris les
temoignages et les evidences sur lesquels 1' appel pent
etre base.
(City Seal) Priscilla A. Thompson
(Ad#11085) City Cleck
1E:>F0_dez? C Im
t O IiLS
Nous exportons vers Haiti Ceramiq ue s & Marbre I Nous exportons vers Haiti
Monocot uta
18x18&16x16
C6ramiques espagnoles et italiennes
Grand choix a votre disposition
.79 pied carr6
4C� R AT ILJ I T
C6ramiques gases
( Maximum 8 Sacs)
avec tout achat minimum de 200 pieds carr6s
Apportez ce coupon
Monocot uta
12 x 12
C6ramiques espagnoles
Diff6rents Styles et couleurs
. 69 pieds carr6s
G R A T Lf I T
C6ramiques grises
( Maximum 8 Sacs)
avec tout achat minimum de 200 pieds carr6s
Venez done voir vous-meme Apportez ce coupon
Meilleurs
rix de la place
3306 N.W. 796me Avenue, Miami, Florida T61.: 305 592 2558 Fax: 305 477 2673
CITY OF MIAMI, FLORIDA
NOTICE OF PUBLIC HEARING
A public hearing will be held by the City Commission of the City of Miami, Florida on September 11, 2003, at
9:30 a.m., in the City Commission Chambers located at City Hall, 3500 Pan American Drive, Miami, Florida,
for the purpose of authorizing the City Manager to execute a Purchase and Sale Agreement for the acquisi-
tion of the property located at 6301-6307 Northeast 2nd Avenue (the "Property"), Miami, Florida, as legally
described in the Purchase and Sale Agreement between the City of Miami and Lincoln Property II, Inc., a
Florida corporation in connection with the development of a park in Little haiti, for a total purchase price of
$2,750,000 and to consummate said transaction in accordance with the terms of said Purchase and Sale
Agreement. Further allocating funds in the amount of $2,840,000 from the $25 Million appropriated from the
$255 Million Homeland Defense/Neighborhood Improvement Bond to cover the cost of said acquisition inclu-
sive of cost of survey, environmental reports, and title insurance associated with said acquisition.
The purchase price exceeds the appraised value of One Million Seven -Hundred and Seventy -Five Thousand
Dollars ($1,775,000.00) dollars by Nine Hundred and Seventy -Five Thousand ($975,000.00) dollars. The City
is paying the additional Nine Hundred and Seventy -Five Thousand Dollars ($975,000) above appraised value
in order for the seller to provide certain services and meet certain conditions prior to closing. The services
and conditions precedent to closing are that the Seller shall provide the property vacant, free of any tenants,
and all existing structures shall have been demolished and removed, the sewer shall be capped, the Property
shall be free of debris and properly secured by fencing. It is a condition precedent to the validity of the
Purchase and Sale Agreement and its execution by the City Manager that the City Commission of the City of
Miami approve this Agreement by a greater majority of a 4/51h vote of its members; failing such approval, the
Purchase and Sale Agreement shall be automatically null and void without the necessity of further action by
either party.
All interested persons are invited to appear and may based and may be heard concerning such proposed
acquisition. Should any person desire to appeal any decision of the City Commission with respect to any mat-
ter considered at this hearing, that person shall ensure that a verbatim record of the proceedings is made,
including all testimony and evidence upon which any appeal may be based.
Priscilla A. Thompson
(Ad #11085) City Clerk
lm
efi
UDA 33127
ION
oath, says that
hed at Miami,
;aid newspaper
Miami, Dade
+lished in said
ter at the U.S.
�iext preceding
uate or publication of the attached copy of advertisement: further affiant says that she has
neither paid nor promised any firm, person or corporation any discount, rebate, commission or
refund for the purpose of securing this advertisement for publication in this newspaper.
Swornto nd subscribed before me on this, the 4th
NO RY PUBLIC STATE OF FLORIDA
AT LARGE, My commission expires:
PRS P4 Kk,*" pE[YiAIE Y UAA
FOF f1.0
Ad Traf c Jerk
day of September. A.D. 2003
STATE OF FLORIDA
SS
COUNTY OF DADE
Mile ltifrimf EfMIC5
- .- �-
'� 00 NW 541h S'I'RE: E7T. FLORIDA 33127
305-757-7-111144 7
Published Weekly
Miami Dade, County, Florida
PROOF OF PUBLICATION
Before the undersigned authority personally appeared Winston Rudolph who, on oath, says that
he is the Ad Traffic Clerk of THE MIAMI TIMES weekly newspaper published at Miami,
Dade County, Florida; that the attached copy of advertisement was published in said newspaper
in the issues of:
September 4, 2003
Affiant further state that THE MIAMI TIMES is a newspaper published in Miami, Dade
County, Florida and that the said newspaper has heretofore been continuously published in said
Dade County, Florida, each week and has been entered as second class mail matter at the U.S.
Post Office in Miami, Dade County, Florida, for a period of more than one year next preceding
date of publication of the attached copy of advertisement: further affiant says that she has
neither paid nor promised any firm, person or corporation any discount, rebate, commission or
refund for the purpose of securing this advertisement for publication in this newspaper.
Swo to_and subscribed before me on this, the 4th
NO RY PUBLIC STATE OF FLORIDA
AT LARGE, My commission expires:
-
LLYY , h
l
Ad Ti
day of September, A.D. 2003
L1.7LUUVLAUQU G ML
straci6n de los medicamentos en
ienados por los m6dicos, son, entre a
CIUDAD DE MIAMI FLORIDA
to de las denuncias sobre condi" AVISO DE At 'IENCIA
a de los ancianos en Cuba. :sima alimentaci6n, la desatenci6n. PUBLIVA
r retraso y abandono de los partos La Junta de Comisionados de la Ciudad de Miami, Florida
)s; r_onllevan a complicaciones en celebrare una audiencia publica el 11 de septiembre del 2003,
zada cubana, y bajo peso en el re- a las 9:30 a.m., en los Salones de la Junta de Comisionados,
o, asi como sufrimiento fetal. situados en el ayuntamiento (City Hall), 3500 Pan American
Drive, Miami, Florida, con objeto de autorizar al administrador
ansmisi6n de enfermedades infec- de la ciudad a ejecutar un Contrato de Compra-yenta para la
manipulaci6n dental, es frecuente, adquisici6n de la propiedad situada en 6301-6307 Northeast
a guantes y material para extrac- 2nd Avenue (la "Propiedad"), en Miami, Florida, segun se
stales, estan contaminados en cli- describe legalmente en el Contrato de Compra-Vents entre la
matol6gicas. Ciudad de Miami y Lincoln Property II, Inc., una corporaci6n
de la Florida en relaci6n con la urbanizaci6n de un parque en
ialestar general se agudiza segun Little Haiti, por un precio total de compra de $2,750,000 y a
>r la falta de incentivos en medicos concluir dicha transaci6n de acuerdo con los terminos de
;ras. Los medicos cubanos reciben dicho Contrato de Compra-Venta. Posteriormente a situar fon-
'o entre 250 y 500 pesos mensuales, dos ascendentes a $2,840,000 de los $25 Millones apropiados
alen a entre 8 y 19 d6lares. A su de la partida de $255 Millones del "Million Homeland Defense
1ario promedio de las enfermeras /Neighborhood Improvement Bond" para cubrir el costo de
pesos, to que equivale a 7 d6lares dicha adquisici6n, incluidos los costos de agrimensura, infor-
aproximadamente. mes ambientales y seguro de titulo, relacionados con dicha
adquisici6n.
enumeraci6n que antecede, el Dr.
presa que "el Ministerio de Salud EI precio de compra excede el valor de trasaci6n de Un Million
e Cuba es c6mplice del alto indice Setecientos Setentaicinco Mil D61ares ($1,775,000.00) en la
encia medica, al no ofrecer solu- suma de Novecientos Setentaicinco Mil ($975,000.00)
os graves problemas que enfrentan d6lares. La Ciudad para los Novecientos Setentaicinco Mil
os cubanos. "Por el contrario, tra- D61ares ($975,000) sobre el precio de tasaci6n, con objeto de
ltarlos para manipular las esta- que el vendedor provea determinados servicios y cumpla con
e salud". Y alude despu6s a la "fal- ciertas condiciones, previos al cierre de la operaci6n. Los ser-
tecci6n legal" que aqueja a los vicios y condiciones que han de preceder al cierre de la oper-
afectados por serios daiios fisicos aci6n son que el Vendedor entregue la propiedad vacante,
gicos provocados por negligencia libre de cualesquiera inquilinos y que todas las estructuras
de manera que no pueden iniciar existentes hayan sido demolidas y removidas, el alcantarillado
'n legal ni reclamar por tanto com- sellado, la Propiedad libre de desperdicios y debidamente pro-
n. tegida con una cerca. Es condici6n previa a la validez del Con-
trato de Compra-Venta y a su ejecuci6n por parte del
mo tema toca el Dr. Melgar, y es el Administrador de la Ciudad, que la Junta de Comisionados de
ogramas de estudios y especiali- la Ciudad de Miami apruebe este Contrato por una gran may-
s estudiantes de medicina en Cu- orla de las 4/5 partes del voto de sus miembros; si no se pro-
son deficientes con material no ac- dujera dicha aprobaci6n, el Contrato de Compra-yenta se
y un gran contenido politico. Los declarara automaticamente nulo y sin valor, sin necesidad de
no tienen acceso a informaci6n acci6n posterior por cualquiera de las partes. '
bre medicamentos, t6cnicas quirdr- Se invita a comparecer y ser oldas a today las personas
equipos, por to que no estan pre- interesadas en la adquisici6n propuesta. Si alguna persona
para trabajar en otros paises. S610 deseara apelar cualquier decisi6n de la Junta de
fio nfimero de medicos cubanos con Comisionados en relaci6n con cualquier materia tratada en
'acion politica al r6gimen, pueden esta audiencia, dicha persona debere asegurarse de que se
ursos superiores en universidades
ales fuera del pais".. produzca una transcripci6n literal de las actuaciones, inclu-
yendo todos los testimonios y evidencias que pudieran servir
de fundamento a dicha apelaci6n.
Wontinuara")
(Ad #11085) \i` Priscilla A. Thompson
Secretaria Municipal
HONORA
DE LAS MERCEDES
)LICA DE SAN KIER,AN
MIAMI AVENUE)
k.M. PARA TRANSPORTE GRATIS 285-2955