Loading...
HomeMy WebLinkAboutR-98-1000J-98-1029 10/6/98 9 Q _ 10 0 RESOLUTION N0. V A RESOLUTION, WITH ATTACHMENT (S), DECLARING AS SURPLUS, AND APPROVING THE SALE OF TWO (2) CITY -OWNED REAL PROPERTIES (THE "PROPERTIES") CONSISTING OF APPROXIMATELY 5,750 SQUARE FEET, LOCATED IN THE SPRING GARDEN NEIGHBORHOOD AT 776 NORTHWEST 11TH STREET AND 777 NORTHWEST 10TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF, TO HABITAT FOR HUMANITY OF GREATER MIAMI, INC., A NOT -FOR -PROFIT CORPORATION, AS DEVELOPER, TO UNDERTAKE THE DEVELOPMENT OF TWO (2) NEW SINGLE-FAMILY HOMES, AFFORDABLE TO VERY LOW, AND LOW AND/OR MODERATE -INCOME FAMILIES; ESTABLISHING $27,000 AS THE AMOUNT TO BE PAID TO THE CITY OF MIAMI BY THE AFOREMENTIONED CORPORATION FOR THE PROPERTIES BASED ON THE APPRAISED VALUE; 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, the City of Miami has a severe shortage of housing within the affordability range of families and individuals of very low, and low and/or moderate -income; and WHEREAS, the City Commission recognizes that the participation of both the public and private sector is necessary to foster the development of housing affordable to very low, and/or low and moderate -income families and individuals in the ATTACHMENTS) CONTAINED CITY COMMISSION MEETING OF OCT 1 3 1998 RewbAkm No. r98-1000 City; and WHEREAS, in August, 1998, Habitat for Humanity of Greater Miami, Inc., made a request to the City in connection with the purchase of said vacant City -owned properties; and WHEREAS, Section 29-B of the Charter of the City of Miami, Florida, 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, Section 18-182 of the Code of the City of Miami, Florida, as amended, provides that in the event the property is ever immune or exempt from the payment of ad valorem taxes, the grantee, or any of the grantee's assigns, heirs, or successors, shall pay the City of Miami an annual payment which shall be equal to what the City would have received as ad valorem taxes based on the valuation method employed by the Miami -Dade County property appraiser; and WHEREAS, in an effort to promote the development of new affordable housing in the City, the City Administration recommends the granting of development rights to Habitat For Humanity of Greater Miami, Inc., for the development of two (2) - 2 - 8-1000 new single-family homes on the subject City -owned parcels, subject to certain terms and conditions; and WHEREAS, it is necessary for the City Commission to declare two (2) City -owned real properties, located at 776 Northwest filth Street and 777 Northwest loth Street, Miami, Florida, more particularly described in Exhibit "A", attached hereto and made a part hereof, as surplus properties; 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. Two (2) vacant City -owned real properties (the "Properties"), consisting of approximately 5,750 square feet, located in the Spring Garden Neighborhood at 776 Northwest llth Street and 777 Northwest loth Street, Miami, Florida, more particularly described on Exhibit All, attached hereto and made a - 3 - 98-1000 part hereof, are hereby declared as surplus City -owned property. Section 3. The City Manager is hereby authorized and directed to sell the Properties to Habitat For Humanity of Greater Miami, Inc., a not -for -profit corporation, hereby designated as the developer of the Properties to undertake the development of two (2) new single-family homes affordable to very low, and low and/or moderate -income families. Section 4. The City Commission hereby establishes $27,000 as the total acquisition amount to be paid to the City by Habitat For Humanity of Greater Miami, Inc., for the acquisition of the Properties. Section 5. The City Manager is hereby authorizedl/ to execute a Purchase and Sale Agreement, in substantially the attached form, with Habitat For Humanity of Greater Miami, 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 l� 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. - 4 - 98-1000 an expeditious manner. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.Z/ PASSED AND ADOPTED this 13th ATTE . i� WALTER J. EMAN, CITY CLERK AP NDRO VILARELLO ATTORNEY W2968:CSK:BSS:kc day of October -) 1998. G OLLO, MAYOR CORRECTNESS t/ 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. - 5 - 9S-10UV Exhibit "A" AGREEMENT FOR PURCHASE AND SALE THIS PURCHASE AND SALE AGREEMENT, (the "Agreement") is made and entered into this clay of , 1998 by and between the City of Miami, a municipal corporation of the State of Florida, with offices at 444 S.W. 2"d Avenue, Miami, Florida 33130 (the "Seller"), and Habitat for Humanity of Greater Miami, Inc., with offices at 9350 South Dadeland Boulevard, Miami, Florida 33156-0994 (the "Purchaser"). The Parties hereby agree that Seller shall sell and Purchaser shall buy the following property upon the following terms and conditions: 1. 2. 3. DESCRIPTION OF PROPERTY a) Legal Description Lots 5 and 14, Block 2, SPRING GARDEN, according to the Plat thereof as, Recorded in Plat Book 5, Page 38, of the Public Records of Dade County, Florida. b) Street Address 776 N.W. l III Street; and 777 N.W. 101b Street, Miami, Florida PURCHASE PRICE AND PAYMENT The Purchaser agrees to pay and the Seller Twenty -Seven Thousand and No/100 Dollar: Price"). The Purchase Price shall be payabl Purchase Price increased or decreased by adj and expenses as set forth in Section 9 or Agreement shall be. paid by the Purchaser cashier's check, certified check or wire transfer. ENVIRONMENTAL MATTERS A. Definitions. For purposes of this Agreement: agrees to accept the sum of ($27,000.00) (the "Purchase as follows. At Closing, the zstments, credits, prorations, any other provision of this o the Seller in the form of 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.); 98-1000 (C) any substance regulated by the Toxic Substances Control Act (15 U.S.C., 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; (G) radon gas; and (H) any additional substances or material which: (i) is now or hereafter classified or considered to be. hazardous or toxic under Environmental. Requirements; or (ii) poses or threatens to pose a hazard to the health or safety of persons on the Property or adjacent property. The term "Environmental Requirements" shall mean all laws, ordinances, statutes, codes, rules, regulations, judgments, orders and decrees, now or hereafter enacted, promulgated, or amended of the United States, the states, the counties, the cities, 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 to 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 (other than the limited warranty of title as set out in the City Deed), 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 or pollution 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 pertaining to the Property, or the operation thereof, furnished by any agent, employee, servant or other person. ij 98-1000 C. Waiver and Release. 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. Purchaser on behalf of itself and its successors and assigns thereafter waives, releases, acquits, and forever discharges Seller and its successors, 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 CERCLA, RCRA, Chapters 376 and 403, Florida Statutes, and any other federal or state law or county regulation relating to Hazardous Materials in, on, or under the Property. Notwithstanding anything to the contrary set forth herein, this release shall survive the Closing or termination of this Agreement. 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. Seller has no obligation to, but to the extent Seller has evidence of title, including abstracts, prior title policies and title reports, Seller shall provide copies of same to Purchaser, within five (5) calendar days of the Effective Date, to assist in Purchaser's title examination and obtaining title insurance. 5. DISCLAIMER OF WARRANTIES AS TO PROPERTY; "AS IS" CONVEYANCE. A. 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 3 of this Agreement with respect to 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; 98-1000 (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. (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 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 paragraph shall survive the closing. 6. DEED RESTRICTIONS The City shall convey title to the Property by City Deed subject to certain deed restrictions pertaining to the use of the Property, in substantially the form attached hereto as Exhibit "A". 7. CLOSING DATE Closing will take place no later than thirty (30) calendar days after the Effective Date, or within a reasonable time thereafter, at a mutually agreeable time (the "Closing"), at the City of Miami, Office of Asset Management located at. 444 SW 2 Avenue, Suite 325, Miami, Florida. The parties may, subject to mutual agreement, establish an earlier date for Closing. 8. CLOSING DOCUMENTS A) At Closing, Seller shall execute and/or deliver to Purchaser the following: 1) City Deed subject to conditions, restrictions, easements and limitations of record; 4 J8-10U0 2) A Closing Statement. 3) A Seller's Affidavit confirming the Seller is in sole and exclusive possession of the Property and that no work has been performed on the Property for which the costs remain unpaid 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 5) 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. 9. CLOSING COSTS AND ADJUSTMENTS At Closing, the following items shall be borne, a(tjusted, prorated or assumed by or between Seller and Purchaser as follows: A) Adjustments and Proration 1) Real Estate Taxes: The Seller warrants that the Property is exempt from taxes and accordingly there should be no taxes due at Closing. 2) 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. 3) Other Taxes, Expenses, Interest, Etc: Taxes (other than real property taxes), assessments, water and sewer charges, waste 5 fee and fire protection charges, if applicable, shall be prorated as of the Closing Date. 4) 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. B) Closing Costs Each party shall be responsible for its own attorney's fees incurred in connection with the Closing. Purchaser shall pay all other closing costs incurred in connection with the sale and purchase of the Property, including, but not limited to all state/county/city tax/stamps, and recording fees. 10. 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. 11. 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. 12. DESIGNATION OF REPRESENTATIVES Purchaser and Seller have appointed the following persons on their respective behalves to be their representatives, to wit: 98-1000 13 On behalf of Seller. City of Miami Laura Billberry, Interim Director Office of Asset Management 444 SW 2 Avenue, 3ra Floor Miami, FL 33130 Telephone (305) 416-1450 Fax (305) 416-2156 NOTICES On behalf of Purchaser: Habitat, for Humanity of Greater Miami, Inc. Anne E. Manning, Exe. Director Post Office Box 560994 Miami, FL 33256-0994 Telephone (305) 670-2224 Fax (305) 670-2273 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 City of Miami City Manager 444 SW 2 Avenue, 101,11 Floor Miami, FL 33130 Copy To City of Miami Laura Billberry, Interim Director Office of Asset Management 444 SW 2 Avenue, Suite 325 Miami, FL 33130 Alejandro Vilarello, City Attorney 444 SW 2 Avenue, 911, Floor Miami, FL 33130 14. CAPTIONS AND HEADINGS Purchaser Habitat for Humanity of Greater Miami, Inc. 9350 South Dadeland Boulevard Miami, FL 33156-0994 Copy To Habitat, for Humanity of Greater Miami, Inc. Anne E. Manning, Exe. Director Post Office Box 560994 Miami, FL 33256-0994 Bradley K. Hanafourde, P.A. 9200 S. Dadeland Blvd., Ste. 308 Miami, FL 33156 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. it 98-100-0 15. BINDING EFFECT This Agreement, shall bind and inure to the benefit of the parties hereto and their successors in interest,. Purchaser may assign this Agreement to any entity which controls, is controlled by, or is under common control with Purchaser. Purchaser may assign or pledge this Agreement to any other entity only with the prior written consent of the City Manager which consent may be withheld for any or no reason whatsoever. 16. GOVERNING LAW This Agreement shall be governed according t,o the laws of the State of Florida and venue shall be in Dade County, Florida. 17. 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. 18. ATTORNEY'S 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 party, in addition to any damages or other relief granted as a result of such litigation, all costs and expenses of such litigation and a reasonable attorneys' fee as fixed by the court. 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 REPRESENTATIONSIWARRANTIES Paragraphs 3, 5, 6, 11, 16, 18, 19, 20 and 22 of this Agreement shall survive the Closing and be enforceable by the respective parties until such time as extinguished by law. 98-100-0 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. 22. 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 of dealing, statements (whether oral 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 Seller and the Purchaser. 24. 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. 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 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. 9 98-1000 27. 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. Execution of this Agreement by the City of Miami City Manager shall constitute evidence of approval by the Oversight Board. Dated the date first written above. Executed by HABITAT FOR HUMANITY OF GREATER MIAMI, INC. (Purchaser) on By: ATTEST: Witness Print Name Witness Print Name IIn ATTEST: Walter J. Foeman City Clerk APPROVED AS TO FORM AND CORRECTNESS: Alejandro Vilarello City Attorney Anne E. Manning, Executive Director Executed by CITY OF MIAMI, a municipal corporation of the State of Florida (Seller) on: Donald H. Warshaw, City Manager LB:JOB:mv:Purchase&SaleHabitat,Il. doe 10 98-1000, TI IIS INSTRUMENT PREPARED BY JULIE O. BRU, ASSISTANT CITY ATTORNEY CITY OF MIAMI CITY ATTORNEY'S OFFICE MIAMI RIVERSIDE CENTER SUITE 945 444 S.W. 2ND AVENUE MIAMI, FLORIDA 33130-1910 Tax Folio # 01-3135-027-0060 Above This Line For Recording Data, CITY DEED THIS DEED made this day of , 1998, between the CITY OF MIAMI, a municipal corporation of the State of Florida, of 444 S.W. 2nd Avenue, Miami, Florida 33130, called "City" and Habitat for Humanity of Greater Miami, Inc., a not for profit corporation with offices at 9350 South Dadeland Boulevard, Miami, Florida 33156-0994, hereinafter called "Grantee". WITNESS: That the City for and in consideration of the sum of TEN Dollars ($10.00) to it in hand paid by the Grantee, receipt of which is hereby acknowledged has granted, bargained and sold to the Grantee, its heirs and its assigns, subject to the right of reentry set forward below, the land lying and being in Dade County, Florida: Lots 5 and 14, Block 2, SPRING GARDEN, according to the Plat thereof as, Recorded in Plat Book 5, Page 38, of the Public Records of Dade County, Florida, and hereinafter referred as the "Property". This Deed conveys only the interests of the City in the Property described herein, and shall not warrant title thereto: This Deed is made and executed upon, and is subject to, the following conditions, restrictions and covenants, which are part of the consideration for the Property conveyed and are taken and construed as running with the land: 1. The Grantee and Grantee's beneficiaries agree, for themselves and any successor in interest, that the Property shall only be used in furtherance of the objective of providing rental or owner occupied housing within the economic affordability range of very low, low and/or moderate income families and/or individuals. In determining very low, low and/or moderate income households, as set forth above, the criteria shall be those provided for by federal and/or state law or by the City Commission of the City of Miami. 2. Grantee shall commence promptly the construction of two single family homes (the "Improvements") and shall continue diligently with the construction of the Improvements to completion: provided, that, in any event, construction shall commence within twelve (12) months from the date of this Deed, and shall be complete no later than twenty-four (24) months from the date this Deed. 3. The Grantee and Grantee's beneficiaries agree, for themselves and any successor in interest, not to discriminate upon the basis of race, color, religion, sex or national origin in the sale, 98-10i 0 lease or rental, or in the use or occupancy of the Property, or any Improvements erected or to be erected thereon or on any part thereof; 4. The Grantee and Grantee's beneficiaries agree, for themselves and any successor in interest, to pay the real estate taxes or assessments on the Property or any part thereof when due. In the event that the Property is ever declared to be "immune" or "exempt" from the payment of ad - valorem taxes, the Grantee and Grantee's beneficiaries agree, for themselves and any successor in interest, to pay to the City an annual payment which shall be in an amount equal to the amount the City would have received as ad valorem taxes based on the valuation method employed by the county property appraiser pursuant to Chapter 193 Florida Statutes, (1997), as amended. 5. Grantee shall not suffer any levy or attachment to be made, or any material or mechanic's lien, or any unauthorized encumbrance or lien to attach to the Property, except: a) Any mortgage(s) in favor of any institutional lender for the purpose of financing any hard costs or soft costs relating to the construction of the Improvements in an amount(s) not to exceed the value of the Improvements as determined by an appraiser; b) Any mortgage(s) in favor of any institutional lender refinancing any mortgage of the character described in clause (a) hereof; in an amount(s) not to exceed the value of the Improvements as determined by an appraiser. The recordation, together with any mortgage purporting to meet the requirements of clauses (a) or (b) above, of a statement of value by a Member of American Institute of Real Estate Appraisers (or member of any similar or successor organization), stating the value of the Improvements is equal to or greater than the amounts of such mortgage(s), shall constitute conclusive evidence that such mortgage meets such requirements. For purposes of this paragraph an "institutional lender" shall mean any bank, savings and loan association, insurance company, foundation or other charitable entity, real estate or mortgage investment trust, pension funds, the Federal National Mortgage Association, agency of the United States Government or other governmental agency. In any event, the term "Institutional Lender" shall be deemed to include Habitat For Humanity, Miami - Dade County, the City and their respective successors and assigns. 6. Grantee shall not transfer the Property or any part thereof without consent of the City Manager, and shall not change the ownership or distribution of the stock of the Grantee or with respect to the identity of the parties in control of the Grantee or the degree thereof. Notwithstanding this provision, the City acknowledges and consents to the Grantee's intent to sell the improved property to low-income purchasers who participate in the Habitat for Humanity program. The restrictions, conditions and covenants set forth in Sections 1 through 6 of this Deed shall be binding to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by the City. The City shall have the right in the event of any breach of any such restriction, condition or covenant, to exercise all the rights and remedies; and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach. In the event the Grantee shall violate or otherwise fail to comply with any of the restrictions, conditions and covenants set forth in this Deed, the Grantee shall correct or cure the default/violation within thirty (30) days of notification of the default by the City. If Grantee fails to remedy the default within thirty (30) days, the City shall have the right to reenter and take possession of the Property and to terminate (and revert to the City) the estate conveyed by this Deed. It is the intent that the conveyance of the Property to the Grantee is made upon a condition subsequent to the effect that in the event of any default, failure, violation, or other action or inaction by the Grantee, or its assigns or successors with respect to the conditions, restrictions and covenants 2 9s-1000 set forth in this Deed, the City Commission at its option may pass and adopt a resolution declaring a termination in favor of the City of the title, and of all the rights and interest, in the Property and that such title, and all rights and interest of the Grantee, and any assigns or successors in interest in the Property shall revert to the City. Provided, however, that any such right of reentry shall always be subject to and limited by, and shall not defeat, render invalid, or limit in any way the lien of any valid mortgage permitted by this Deed. IN WITNESS WHEREOF, the Grantor has caused this City Deed to be executed the day and year first above written. ATTEST WALTER J. FOEMAN, CITY CLERK STATE OF FLORIDA ) ) SS COUNTY OF DADE ) CITY OF MIAMI, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA DONALD H. WARSHAW, CITY MANAGER APPROVED AS TO FORM AND CORRECTNESS: ALEJANDRO VILARELLO, CITY ATTORNEY The foregoing instrument was acknowledged before me this day of 1998 by Donald H. Warshaw as City Manager of CITY OF MIAMI, a municipal corporation of the State of Florida, who is personally known to me or who has produced as identification and who did/did not take an oath. Printed Name: Notary Public My Commission Expires: The foregoing conveyance was approved pursuant to Resolution No. 98- of the City Commission of the City of Miami, Miami -Dade County, Florida, passed and adopted on 1998. A copy of Resolution No. 98- is attached hereto as Exhibit "A". DEEDHahitat.doc 98-100" 0 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: 4/nald. Warshaw City Manager RECOMMENDATION: CA=30 DATE : OCT - C IGS8 FILE: SUBJECT: Sale of 776 NW 11TH St. and 777 NW loth St. REFERENCES: Resolution, Purchase and ENCLOSURES: Sale Agreement & City Deed The administration recommends that the City Commission adopt the attached Resolution declaring surplus and further approving the sale of two City -owned real properties each consisting of approximately 5,750 square feet, located at 776 Northwest llth Street and 777 Northwest loth Street, Miami, Florida (the "Properties"), to Habitat For Humanity of Greater Miami, Inc., a not -for -profit corporation, as developer, to undertake the development of two (2) new single-family homes, affordable to very low, low and/or moderate -income families at a sale price of twenty-seven thousand dollars ($27,000). The Resolution authorizes the City Manager to execute a Purchase and Sale Agreement ("Agreement"), and to consummate such transaction in accordance with the terms an& - 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 has a severe shortage of housing within the affordability range of families and individuals of very low, low and moderate -income. On August 14, 1998, Habitat For Humanity of Greater Miami, Inc., made a request to the City in connection with the purchase of two vacant City -owned parcels located at 776 Northwest llth Street and 777 Northwest loth Street. 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. The sales price of twenty-seven thousand dollars ($27,000) is equivalent to the values established by the appraisal on each property. The Deed to these properties will contain a restriction that construction shall commence no later than twelve (12) months from the date of conveyance by the City and that Habitat For Humanity of Greater Miami, Inc. shall pay the real estate taxes or assessments on the Property, when due. D H W!DB: : mv:MHabitatSale. doc 98--1000