HomeMy WebLinkAboutR-99-0434J-99-519
6/14/99
RESOLUTION NO. 9 9 " 49104
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), WAIVING CERTAIN COMPETITIVE BIDDING
REQUIREMENTS PERTAINING TO THE DISPOSITION OF
CITY -OWNED PROPERTY UNDER THE AFFORDABLE HOUSING
EXCEPTION PROVIDED IN SECTION 29-B OF THE CHARTER
OF THE CITY OF MIAMI, AS AMENDED; DECLARING
SURPLUS AND FURTHER APPROVING THE SALE OF A
CITY -OWNED REAL PROPERTY LOCATED AT 1609 NW NORTH
RIVER DRIVE, MIAMI, FLORIDA, (THE "PROPERTY"), TO
NORTH RIVERVIEW APARTMENTS, INC.; ESTABLISHING
$12,500 AS THE AMOUNT TO BE PAID TO THE CITY OF
MIAMI BY THE AFOREMENTIONED CORPORATION FOR THE
PROPERTY; AUTHORIZING THE CITY MANAGER TO EXECUTE
A PURCHASE AND SALE AGREEMENT (THE "AGREEMENT"),
IN SUBSTANTIALLY THE ATTACHED FORM, AND TO
CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE
TERMS AND CONDITIONS OF THE AGREEMENT, WHICH TERMS
MAY BE AMENDED BY THE CITY MANAGER AS MAY BE
NECESSARY IN ORDER TO EFFECT SUCH SALE IN AN
EXPEDITIOUS MANNER.
WHEREAS, in April of 1998, Jesus V. Suarez, owner of North
Riverview Apartments, Inc., proposed to purchase a vacant City -
owned parcel located at 1609 NW North River Drive; and
WHEREAS, North Riverview Apartments, Inc., the adjacent
property, seeks to use a 25 foot strip of the property as a
parking lot for residents leasing units; and
WHEREAS, North Riverview Apartments, Inc., has 25 units, 15
of which are subsidized under the Miami -Dade County Shelter Plus
Care Program, a federally funded permanent housing program that
ATTACH EP41 � 'J
CONTAINED
J U N 2 2 1999
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provides assistance to homeless individuals and/or families with
disabilities; and
WHEREAS, Section 29-B of the City Charter allows for the
conveyance or disposition of City -owned property in connection
with the implementation of City -assisted housing program or
projects which are intended to benefit persons or households of
very low, low and/or moderate -income without being subject to
competitive bidding requirements and fair market value return to
the City; and
WHEREAS, the Metro -Dade County Shelter Plus Care Program
regulations require that eligible candidates be persons with very
low income;
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 hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. Certain competitive bidding requirements
pertaining to the disposition of City -owned property under the
affordable housing exception provided in Section 29-B of the
Charter of the City of Miami, as amended, are hereby waived.
Section 3. The property located at 1609 NW North River
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99- 434
Drive, Miami, Florida is hereby declared surplus.
Section 4. The City Manager is hereby authorized and
directed to sell the City -owned real property described in
Exhibit "A" attached hereto and made a part hereof, (the
"Property") to Jesus V. Suarez owner of North Riverview
Apartments, Inc.
Section 5. The City Commission hereby establishes
$12,500 as the total acquisition amount to be paid to the City by
North Riverview Apartments Inc., for the acquisition of the
Property.
Section 6. The City Manager is hereby authorized!' to
execute a Purchase and Sale Agreement, in substantially the
attached form, with North Riverview Apartments Inc., and to
consummate such transaction in accordance with the terms and
conditions of the Agreement which terms may be amended by the
City Manager as may be necessary in order to effect such sale in
'-� 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 City
Charter and Code provisions.
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99- 434
an expeditious manner. d'a tely
Section 7. This Resolution shall become effective imme �
upon its adoption and signature of the Mayor./
PASSED AND ADOPTED this
22nd day of Tune 1 1999.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the 1:,12ycr dirt not indicate apprown-1 01
this legislation by signing it in the designated place ~ t 00d, ;paid legislation
becomes effective with the elapse of ten (10) d , l fro tho of C"0mi icn actior,
regarding same, without the Mayor exe c si g a ve j
ATTEST: ------ --
_ Waiter J. r-'ne City Claric
WALTER J. FOEMAN
CITY CLERK
D COR�.ECTNESS
APPRO D AS iyyi"`` O r ,®/
ATTORNEY
528:RCL
?� If the Mayor does not sign this Resolution, it shall become
as
effective at the end of
ten
c
alen
passed and adopted. Mayor rdays f t he date it W
vetoes thisResolution, it
on override of the veto by
shall become effective immediately upon
the City Commission-
- 4 - 99— 404
EXHIBIT "A"
Legal Description
The west twenty-five (25) feet of Lot 20 of ST. JOHN
PARK, according to the Plat thereof, as recorded in
Plat Book 5 at Page 19 of the Public Records of Dade
County, Florida
Street Address
1609 NW North River Drive
Miami, Florida
99- 434
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT, (the "Agreement") is made
and entered into this day of . 1999, by and between the
City of Miami, a municipal corporation of the State of Florida, with offices at
444 SW 2 Avenue, Miami, Florida 33130 (the "Seller'), and North Riverview
Apartments, Inc., a Florida for profit corporation, with offices at 4095 SW 67
Avenue, Miami, Florida 33155, (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
a) Legal Description:
The west twenty-five (25) feet of Lot 20 of ST. JOHN
PARK, according to the Plat thereof, as recorded in Plat
Book 5 at Page 19 of the Public Records of Dade County,
Floridai
b) Street Address:
1609 NW North River Drive
Miami, Florida
2. PURCHASE PRICE AND PAYMENT
The Purchaser agrees to pay and the Seller agrees to accept for the Property
the sum of TWELVE THOUSAND FIVE HUNDRED DOLLARS ($12,500)
(the "Purchase Price"). The Purchase Price shall be payable as follows: At
Closing, the Purchase Price increased or decreased by adjustments, credits,
prorations, and expenses as set forth in Section 10 or any other provision of
this Agreement shall be paid by the Purchaser to the Seller in the form of
cashier's check, certified check, official bank check or wire transfer.
3. ENVIRONMENTAL MATTERS
A. Definitions.
For purposes of this Agreement:
The term "Hazardous Materials" shall mean and include without limitation,
any substance which is or contains (A) any "hazardous substance" as now or
hereafter defined in the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended. (42 U.S.C., Section
9601 et seq.) ("CERCLA") or any regulations promulgated under or pursuant
to CERCLA; (B) any "hazardous waste" as now or hereafter defined in the
Resource Conservation and Recovery Act (42 U.S.C., Section 6901 et seq.);
(C) any substance regulated by the Toxic Substances Control Act (15 U.S.C.,
99- 434
Section 2601 et. Seq.); (D) gasoline, diesel fuel, or other petroleum
hydrocarbons; (E) asbestos and asbestos containing materials, in any form,
whether friable or non -friable; (F) polychlorinated biphenyls; and (G) any
additional substances or material which: (i) is now or hereafter classified or
considered to be hazardous or toxic under Environmental Requirements as
hereinafter defined; (ii) causes or threatens to cause a nuisance on the
Property or adjacent property or poses or threatens to pose a hazard to the
health or safety of persons on the Property or adjacent property; or (ni)
would constitute a trespass if it emanated or migrated from the Property.
The term "Environmental Requirements" shall mean all laws, ordinances,
statutes, codes, rules, regulations, agreements, judgments, orders and
decrees, now or hereafter enacted, promulgated, or amended of the United
States, the State of Florida, Miami -Dade County, the City of Miami, or any
other political subdivision, agency or instrumentality exercising jurisdiction
over the Seller or the Purchaser, the Property, or the use of the Property,
relating pollution, the protection or regulation of human health, natural'
resources, or the environment, or the emission, discharge, release or
threatened release of pollutants, contaminants, chemicals, or industrial,
toxic or hazardous substances or waste or Hazardous Materials into the
environment (including, without limitation, ambient air, surface water,
groundwater, land or soil).
B. Disclaimer As To Environmental Matters.
Purchaser acknowledges and agrees that Seller has not made, does not make
and specifically negates and disclaims any representations, warranties,
promises, covenants, agreements or guaranties of any kind or character
whatsoever, whether express or implied, oral or written, (past, present, or
future) of, as to, concerning or with respect to environmental matters with
reference to the Property, including, but not limited to: (a) the value, nature,
quality or condition of the Property, including, without limitation, the water,
soil and geology, (b) the compliance of or by the Property, or its operation
with any Environmental Requirements, (c) any representations regarding
compliance with any environmental protection, pollution or land use, zoning
or development of regional impact laws, rules, regulations, orders or
requirements, including the existence in or on the Property of Hazardous
Materials.
Purchaser further acknowledges and agrees that any information provided or
to be provided with respect to the Property was obtained from a variety of
sources and that Seller has not made any independent investigation or
verification of such information and makes no representations as to the
accuracy or completeness of such information but Seller agrees that it will
not intentionally withhold information and Seller will not knowingly provide
any false or misleading information. Seller is not liable or bound in any
matter by any oral or written statements, representations or information
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99- 434
pertaining to the Property, or the operation thereof, furnished by any agent,
employee, servant or other person.
C. Waiver and Release and Indemnification.
Purchaser acknowledges that prior to entering into this Agreement,
Purchaser was given an opportunity to inspect the Property and to conduct
such testing as Purchaser deemed necessary to investigate the
environmental condition of th.e Property. Purchaser acknowledges and
agrees that to the maximum extent permitted by law, the sale of the
Property as provided for herein is made on an "AS IS" condition and basis
with all faults.
As additional consideration for the purchase of this Property:
(i) Purchaser hereby covenants and agrees that upon
transfer of the title from the Seller to Purchaser, Purchaser, on behalf of : - =-
itself and its successors and assigns, thereafter waives, releases, acquits, and
forever discharges Seller, its heirs, and the successors and assigns of any of -
the preceding, of and from any and all claims, actions, causes of action,
demands, rights, damages, costs, expenses or compensation whatsoever,
direct or indirect, known or unknown, foreseen or unforeseen, which
Purchaser or any of its successors or assigns now has or which may arise in
the future on account or in any way related to or in connection with any past,
present, or future physical characteristic or condition of the Property
including, without limitation, any Hazardous Materials in, at, on, under or
related to the Property, or any violation or potential violation or any
Environmental Requirement applicable thereto. In addition, Purchaser
thereafter specifically waives all current and future claims and causes of
action against Seller arising under CERCI A, RCRA, Chapters 376 and 402,
Florida Statutes, and any other federal or state law or county regulation
relating to Hazardous Materials in, on, or under the Property; and
(ii) Purchaser hereby covenants and agrees that for a
period of fifteen (15) years from and after transfer of the title from the Seller
to Purchaser, Purchaser, on behalf of itself and its successors and assigns,
shall indemnify and hold harmless the Seller from any and all claims,
actions, causes of action, demands, rights, damages, costs, expenses or
compensation whatsoever, direct or indirect, known or unknown, foreseen or
unforeseen, which are asserted by any third party against the Seller on
account or in any way related to or in connection with any past, present, or
future physical characteristic or condition of the Property including, without
limitation, any Hazardous Materials in, at, on, under or related to the
Property, or any violation or potential violation or any Environmental
Requirement applicable thereto.
The waiver, release and indemnification provisions set forth above
shall survive the Closing.
99- 434
4. TITLE EVIDENCE
Purchaser, at its sole cost and expense, shall be responsible for obtaining all
title documents which Purchaser requires in order to ascertain the status of
title. Purchaser agrees to forward a copy of the aforementioned title
documents to Seller immediately upon Purchaser's receipt thereof.
5. DISCLAIMER OF WARRANTIES AS TO PROPERTY, "AS IS"
CONVEYANCE.
A. Except as otherwise previously provided in Sections 4 and 5 of
this Agreement, Purchaser is purchasing the Property in an "AS IS"
condition and specifically and expressly without any warranties,
representations or guaranties, either express or implied, of any kind, nature
or type whatsoever from or on behalf of Seller. Without in any way limiting
the generality of the immediately preceding, and in addition to the specific
disclaimers set forth in Section 4 of this Agreement with respect tb
Environmental Matters, Purchaser and Seller further acknowledge and
agree that in entering into this Agreement and purchasing the Property:
(1) Purchaser hereby acknowledges that Seller has not made, will
not and does not make any warranties or representations, whether express
or implied, with respect to the Property, its condition, the value, profitability,
or marketability thereof,
(2) Purchaser acknowledges that with respect to the Property,
Seller has not and will not make any warranties, whether express or implied,
of merchantability, habitability or fitness for a particular use or suitability of
the Property for any and all activities and uses which Purchaser may
conduct thereon;
(3) Purchaser acknowledges that Seller has not made, will not and
does not make any representations, whether express or implied, with respect
to compliance with any land use, zoning or development of regional impact
laws, rules, regulations, orders or requirements.
(4) Purchaser acknowledges that Purchaser has made and/or shall
be given an adequate opportunity to make such legal, factual and other
.inquiries and investigations as Purchaser deems necessary, desirable or
appropriate with respect to the Property, the value or marketability thereof
and of the appurtenances thereto. Such inquiries and investigations of
Purchaser shall be deemed to include, but shall not be limited to, the
condition of all portions of the Property and such state of facts as an accurate
abstract of title would show;
(5) Purchaser acknowledges that Purchaser has not relied, and is
not relying, upon any information, document, projection, proforma,
statement, representation, guaranty or warranty (whether express or
4 99- 434
implied, or oral or written or material or immaterial) that may have been
given by or made by or on behalf of Seller.
B. The provisions of this Section shall survive the closing.
6. RESTRICTIONS. EASEMENTS AND LIMITATIONS
The Purchaser further agrees it shall take title subject to: zoning,
restrictions, prohibitions, and other requirements imposed by governmental
authority; restrictions and matters appearing on the public records,
including but not limited to deed restrictions and reversionary interest and
all recorded and unrecorded public utility easements and any matters that
would be disclosed on a survey of the property.
7. CLOSING DATE
Closing shall take place within forty-five (45) days after the Effective Date,
at a mutually agreeable time (the "Closing") at the City of Miami, Office of
Asset Managen�ent located at 444 SW 2 Avenue, Suite 325, Miami, Florida.
The parties may, subject to mutual agreement, establish an earlier date for
Closing.
8. COVENANT TO PAY FOR MUNICIPAL SERVICES
The Purchaser agrees that concurrently with the conveyance of the Property,
at Closing, the Purchaser shall furnish a covenant which will run with the
land and shall be binding on the Purchaser, its successors, heirs and
assignees, in favor of the Seller and enforceable by Seller, to be recorded in
the public records of Miami -Dade County. This covenant shall provide that if
the Property, or any portion thereof, is purchased by an "immune" or
"exempt" entity or is utilized for exempt purposes, that so long as the City of
Miami provides municipal services to the Property that the owner shall pay
to the City of Miami an annual payment, which shall never be less than, the
amount of taxes that the City of Miami would be entitled to receive from the
Property based on the fair market value of the Property.
9. COVENANT TO RESTRICT USE
The Purchaser agrees that concurrently with the conveyance of the Property,
at Closing, the Purchaser shall furnish a covenant which will run with the
land and shall be binding on the Purchaser, its successors, heirs and
assignees, in favor of the Seller and enforceable by Seller, to be recorded in
the public records of Miami -Dade County. This covenant will restrict the use
of the Property for parking lot purposes to be used in connection with the
adjacent apartment building which must continue to provide assistance to
individuals and/or households of very low, low and/or moderate -income.
99- 434
I
10. CLOSING DOCUMENTS
A) At Closing, Seller shall execute and/or deliver to Purchaser the
following:
(1) Quit Claim Deed;
(2) A Closing Statement;
(3) A Seller's Affidavit and a Non -Foreign Affidavit;
(4) Such documents as are necessary to fully authorize the sale of
the Property by Seller and the execution of all closing
documents; and
(b) Any other documents reasonably necessary or advisable to
consummate the transaction contemplated hereby
B) Purchaser's Closing Documents: At Closing, Purchaser shall execute
and/or deliver to Seller the following:
(1) Closing Statement;
(2) Such documents as are necessary to fully authorize the
purchase of the Property by Purchaser and the execution of all
closing documents;
(3) Any other documents reasonably necessary or advisable to
consummate the transaction contemplated hereby; and
(4) Purchaser shall pay to Seller the balance of the Purchase Price
as provided for in Section 2 hereof.
11. 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
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, ExUenses. Interest. Etc: Taxes, assessments,
water and sewer charges, waste .fee and fire protection
charges, if applicable, shall be prorated.
6
99- 434.
12.
13.
14.
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 Casts
(1) Each party shall be responsible for its own attorney's fees
incurred in connection with the Closing.
(2) Purchaser shall pay all other closing and recording costs
incurred in connection with the sale and purchase of the
Property described in this Agreement, including, but not
limited to:
(i) all recording charges, filing fees payable in connection with the
transfer of the Property hereunder;
RISK OF LOSS
The Purchaser assumes all risk of loss or damage to the Property by fire or
other casualty, or acts of God, as of the Effective Date.
RELEASE AND INDEMNIFICATION
Purchaser and anyone claiming by, through or under Purchaser hereby fully
and irrevocably release Seller, its employees, officers, directors,
representatives, agents, successors and assigns (collectively the Seller) from
any and all claims that it may now have or hereafter acquire against the
Seller for any cost, loss, liability, damage, expense, demand, action or cause
of action arising from or related to any defects, errors, omissions or other
conditions, including, but not limited to, environmental matters, affecting
the Property, or any portion thereof. The foregoing, however, is not intended
to release Seller from its obligations under this Agreement.
DESIGNATION OF REPRESENTATIVES
Purchaser and Seller acknowledge that proper communication between
Purchaser and Seller, is important. Accordingly, to facilitate such
communication, the Purchaser and Seller have appointed the following
persons on their respective behalves to be their representatives, to wit:
On behalf of Seller:
Laura Billberry
City of Miami
Office of Asset Management
On behalf of Purchaser.
Jesus (Jay) V. Suarez
North Riverview Apartments, Inc.
4095 SW 67 Avenue
99 -- 434
444 SW 2 Avenue, 3rd Floor
Miami, FL 33130
Telephone (305) 416-1450
Fax (305) 416-2156
15. NOTICES
16.
17.
Miami, Florida 33155
Telephone (305) 661-2000
Beeper (305) 548-2000
Fax (305) 665-5464
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:
Seller:
Donald H. Warshaw, City Manager
City of Miami
444 SW 2 Avenue, 10th Floor
Miami, FL 33130
Copies To:
Laura Billberry
City of Miami
Office of Asset Management
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
,Purchaser.
Jesus (Jay) V. Suarez
North Riverview Apartments, Inc.
4095 SW 67 Avenue ;
Miami, Florida 33155
Nicolas Fernandez, Esquire
Marquez & Fernandez, PA
782 NW LeJeune Road
Suite 548 - LeJeune Centre
Miami, Florida 33126
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. Purchaser may assign or pledge this Agreement
only with the prior written consent of the City Manager which consent may
be withheld for any or no reason whatsoever.
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99- 434
18. QOVERNING LAW
This Agreement shall be governed according to the laws of the State of
Florida and venue shall be in Dade County, Florida.
19. 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.
20. ATTORNEYS COSTS
If it shall be necessary for either party to this Agreement to bring suit to
enforce any provisions hereof or for damages on account of any breach of this...,,
Agreement, the prevailing party on any issue in any such litigation 'and any., ,
appeals therefrom shall be entitled to recover from the other, paw; --.fin
addition to any damages or other relief granted as a result of such litigation,
all costs and e� penses of such litigation and a reasonable attorneys' fee as
fixed by the court.
21. 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.
22. SURVIVAL OF REPRESENTATIONSIWARRANTIES
Paragraphs 3, 4, 5, 6, 8, 9, 12, 18, 20, 21, 22, and 24 of this Agreement shall
survive the Closing and be enforceable by the respective parties until such
time as extinguished by law.
23. 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.
24. WAIVER OF TRIAL BY JURY
The parties hereby knowingly, voluntarily and intentionally waive any right
they may have to a trial by jury in respect to any litigation arising out of,
under or in connection with this Agreement, or any course of conduct, course
99— 434
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.
25. 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 Seller and the Purchaser.
26. 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.
27. 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 and the Agreement has
been approved by the Emergency Financial Oversight Board.
26. AUTHORITY OF CITY MANAGER
The Resolution of the City Commission of the Seller shall, in addition to
approving the purchase contemplated under this Agreement, empower the
City Manager of the Seller to modify this Agreement in the event a
modification to this Agreement becomes necessary or desirable.
29. APPROVAL BY THE OVERSIGHT BOARD
The State of Florida has appointed an Emergency Financial Oversight Board
(the "Oversight Board") which is empowered to review and approve all
pending City of Miami contracts. As a result, contracts shall not be binding
on the Seller until such time as they have been approved by the Oversight
Board. Attestation of this Agreement by the City of Miami Clerk shall
constitute evidence of approval by the Oversight Board.
10 99 e 434
IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement, as of the day and year first above written.
Signed, sealed and delivered in the presence of:
"SELLER"
Executed by CITY OF M AMI, a municipal
corporation of the State of Florida
on:
By:
Donald H. Warshaw, City Manager
ATTEST: �4
Walter J. Foeman ,
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
Alejandro Vilarello
City Attorney
"PURCHASER"
Executed by North Riverview Apartments,
Inc.
on:
By:
Jesus (Jay) V. Suarez, President
ATTEST:
Witness
Print Name
Witness
Print Name
(Rev. 05/26/99)
LB:mv:PS Cunio.doc
99- 434
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM 18
70
The Honorable Mayor and Members
of the City Commission
DATE: JUI\ 14 1999 FILE:
SUBJECT:
Sale of 1609 NW North River
Drive
FROM: REFERENCES:
/na7d Warshaw ENCLOSURES: Resolution, Purchase and
City Manager Sale Agreement
RECOMMENDATION:
The administration recommends that the City Commission adopt the attached Resolution
waiving certain competitive bidding requirements pertaining to the disposition of City -
owned property under the affordable housing exception provided in Section 29-B of the
Charter of the City of Miami. This Resolution further declares surplus and approves the
sale of a city -owned real property located at 1609 NW North River Drive, Miami, Florida
(the "Property"), to North Riverview Apartments Inc., at a sale price of twelve thousand
five hundred dollars ($12,500).
The Resolution authorizes the City Manager to execute a Purchase and Sale Agreement
("Agreement"), and to consummate such transaction in accordance with the terms and
conditions of the Agreement, which terms may be amended by the City Manager as may be
necessary in order to effect such sale in an expeditious manner.
BACKGROUND:
The City of Miami entered into a lease with John E. Cunio, assignee, for his use of a 25 foot
strip of City -owned property for use as a parking lot in connection with his apartment
building located adjacent thereto at a fee of $75.00 a month. Mr. Cunio remained a tenant
until he passed away on June 15, 1997. The apartment building adjacent to the City -
owned property has been subsequently acquired by North Riverview Apartments Inc., who
has made a request to purchase this 25 foot strip from the City.
North Riverview Apartments Inc., owns 25 apartments, 15 of which are subsidized under
the Metro -Dade County Shelter Plus Care Program, a federally funded permanent housing
program that provides assistance to homeless individuals and/or families with disabilities.
Section 29-B of the City Charter allows for the conveyance or disposition of City -owned
property which is intended to benefit persons or households of very low, low and/or
moderate -income without being subject to competitive bidding requirements and fair
market value return to the City.
99- 434
Page -2-
Re: Sale of 1609 NW North River Drive
This property was acquired by the City for purposes of laying a truck main through the
property. However, when the Warranty Deed transferring the property to the City was
executed, it was inadvertently accepted with a reverter provision that stated that the
property must be used for street and/or sidewalk purposes only. Consequently, in order for
the City to convey this property to the buyer, the City will execute a Quit Claim Deed that
will convey this property without any warranties.
At the time of closing, the buyer will be required to execute a Covenant that will restrict
the use of the property for parking lot purposes to be used in connection with the adjacent
apartment building which must continue to provide assistance to individuals and/or
house olds of very low, low and/or moderate -income.
DHW: B:DjB:mv:ac:MCunioSale.doc
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