HomeMy WebLinkAboutR-93-0088J-•93-78
1/28/93
RESOLUTION NO.
93—
X•
A RESOLUTION, WITH ATTACHMENT, ACCEPTING THE
DONATION OF VACANT REAL PROPERTY LOCATED AT
8085 NORTHEAST MIAMI COURT, MIAMI, FLORIDA,
IN THE EDISON/LITTLE RIVER COMMUNITY
DEVELOPMENT TARGET AREA, MORE PARTICULARLY
AND LEGALLY DESCRIBED IN EXHIBIT "A" ATTACHED
HERETO, TO BE USED FOR THE DEVELOPMENT OF LOW
AND MODERATE INCOME HOUSING, SUBJECT TO
EXAMINATION AND APPROVAL OF THE ABSTRACT AND
THE OPINION OF TITLE FOR THE SUBJECT PROPERTY
BY THE CITY ATTORNEY; ALLOCATING MONIES
THEREFOR, IN AN AMOUNT NOT TO EXCEED $4,500,
FROM THE 11TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS, PROJECT NO. 321026, INDEX
CODE 599101, FOR PAYMENT OF UNPAID REAL
ESTATE TAXES DUE, RECORDING FEES AND THE COST
OF TITLE INSURANCE ON THE SUBJECT PROPERTY.
WHEREAS, there exists a severe shortage of standard housing
in the City of Miami affordable to families and individuals of
low and moderate income; and
WHEREAS, on October 23, 1986, the City Commission adopted
Resolution No. 86-840, which approved implementation of the
Soattered Site Affordable Housing Development Program in the
City's Community Development Target Areas for the purpose of
providing owner-oocupied residential units within the affordable
range of qualified low and moderate income purchasers; and
WHEREAS, once acquired, the subject vacant site will be
developed by the City of Miami under the City's Scattered Site
Affordable Homeownership Development Program or made available to
[ATTAiHMENT (5)I
CONTAINED
CITY CObMSSION
DMTING OF
FEB 0 9 1993
9 3''
1
a not -for -profit housing corporation for the purpose of
developing affordable housing units; and
WHEREAS, Mrs. Jane Flink, owner of a vacant parcel of land
located at 8058 Northeast Miami Court, Miami, Florida, in the
Edison/Little River neighborhood, which is more particularly and
legally described in the attached Exhibit "A", wishes to donate
the subject property to the City of Miami, provided the City pays
the unpaid real estate taxes on the subject property, plus
recording fees and the cost of title insurance, totalling
approximately $4,800, and
WHEREAS, the assessed value of the subject parcel is
$29,342; and
WHEREAS, funds are available from 11th Year Community
Development Block Grant funds for land acquisition costs; and
} WHEREAS, the City of Miami is interested in aoquiring land
located in the Edison/Little River neighborhood for the
development of housing affordable to low and moderate inoome
families;
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 referenoe
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The donation from Mrs. Jane Flink of vacant
real property located at 805E Northeast Miami Court, Miami,
Florida, in the Edison/Little River Community Development Target
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Area, at an assessed value of $29,342, more particularly and
legally desoribed in attached Exhibit "A", to be used for the
development of low and moderate income housing is hereby
accepted, subject to examination and approval of the abstract and
opinion of title for the subject property by the City Attorney.
Section 3. Funds in an amount not to exceed $4,500 are
hereby allocated from Eleventh Year Community Development Block
Grant land acquisition funds, Project Number 321026, Index
Code 899101, for payment of the unpaid real estate taxes due,
recording fees and the cost of title insurance for the subject
property.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 9th day of YCbr44ry 1993.
ATTEST
NATTY RIRAI, CITY CLERK
PREPARED AND APPROVED BY:
LI A KBMY KEARQbN
ASSISTANT CITY A TO BY
APPROVED AS TO FORM AND CORRECTNESS:
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XA.VIER 4,o;SUARHf, MAYOR
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EXHIBIT "A"
PARCEL ADDRESS: 8055 N.E. Miami Court
OWNER OF RECORD: Michco Corporation, Inc. (Jane Flink)
LEGAL DESCRIPTION: Lot 3, Block 20, Little River Gardens
Plat Blocks le to 23 Inc., P.B. 6/153
FOLIO NUMBER: 01-3112-013-0100
LAND AREA: 8,630 SF
ASSESSED VALUE: $29,342
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EXHIS'IT „B„ lie
AGRRf:P9ENT OF PURCHASE AND SALE
THIS AGREEMENT entered into this day of ,
1993, by and between THE CITY OF MIAK , Dade county, Florida, a
Municipal Corporation of the State of Florida, hereinafter
referred to as "CITY," and MICHCO CORPORATION,, INC. c/o Jane
Fl.ink, residing/.located 20355 N.E. 34th Court, Apartment 824,
North Miami Beach, Florida 33180, hereinafter referred to as
"SELLER."
W I T N R S S E T H:
WHEREAS, the SELLER is owner of the land (real property)
more fully described as 8055 N.E. Miami Court, Lot 3, Block 20,
LITTLE RIVER GARDENS PL BLKS 18 to 23 INC., Plat Book: 6/153,
Folio Number 01-3112-013-0100, and
WHEREAS, the CITY desires to purchase said property located
at 8055 N.E. Miami Court, for use in conjunction with the
affordable housing program in the City of Miami.
NOW, THEREFORE, it is hereby covenanted and agreed between
the parties as follows:
1. In consideration of the CITY paying the SELLER the sum
of Ten Dollars ($10.00), the SELLER shall, by General
Warranty Deed, convey to the CITY good, marketable and
insurable title, free of liens and encumbrances to that
certain real property, (together with the improvements,
hereditaments and appurtenances attached thereto).
2. The. CITY shall pay the SELLER the sum set forth in
paragraph (1) hereof, minus any sums to be held or given
to others pursuant to the terms of this Agreement, by
CITY Tarrant at the closing within one hundred eighty
(180) days from the date of the execution of this
Agreement by the CITY and SELLER.
3. All taxes and assessments of record for the year 1993
shall be prorated as of the date of closing, and shall
be paid or satisfied by the CITY prior to closing.
4. All certified liens, encumbrances and charges of record
against the real property, .and all pending liens against
the real property, shall be paid or satisfied by the
CITY prior to closing, in amount not to exceed $4,500.
5. The SELLER agrees that loss or damage to the property by
fire or other casualty, or acts of God, shall be at the
risk of the SELLER until the title -to the land and deed
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to the CITY have been accepted by the CITY. In the
event that such loss or damage occurs, there shall be an =-
adjustment of the purchase price, which adjustment- shall
be determined solely by the CITY. _-
6. Title to the property shall be delivered to the CITY or,
the date of closing. however, from and after the
execution of this instrument, the CITY, its agents, and
its contractors shall have the right to enter upon the
premises to be conveyed for making studies, surveys,
tests, soundings, and appraisals.
7. SELLER represents that the subject property has not been
used in the past by any business or other activity which
used toxic chemicals, asbestos, or substances likely to
infiltrate the soil and has not been used as petroleum,
hazardous waste, or toxic chemical storage facility or
dump site. SELLER further represents that the subject
property was not used previously as a garbage dump or
landfill area. CITY, its agents, employees,
representatives or other personnel shall have the right
to come upon the premises at reasonable times to inspect
and conduct testing upon the property. If CITY
determines that the land contains any toxic waste or
chemical contamination, or has been used as a garbage
dump or landfill site, CITY may cancel this contract.
This contract is contingent upon the property being free
of contamination and as represented. CITY shall have
sixty (60) days from the date of this contract to
conduct testing and inspection, and, if CITY desires to
cancel, shall give SELLER written notice thereof within
said time period. If CITY gives written notice to
SELLER of its desire to cancel, all monies paid to
SELLER shall be returned to CITY and this Agreement
shall be terminated. The representations of SELLER
shall survive the closing and delivery of the deed.
S. If the SELLER is a corporation, partnership or trust,
SELLER hereby agrees to comply with Section 266.23
Florida Statutes by making a written Public Disclosure,
under oath, of the names and addresses of every
person(s) having beneficial interests in the Real
Property being conveyed to the CITY, unless specifically
exempt by provisions of said Statutes.
9. This Agreement shall be binding upon the heirs,
executors, administrators and assigns of the parties.
10. This Agreement shall be governed according to the laws
of the State of Florida.
11. The SELLER understands that this offer has been approvers
by the City Commission of the City of Miami, Florida by
Resolution No.
12. If this is not executed by both parties to the Agreement
on or before April 30, 1993, this offer shall thereafter
be null and void. The date of the Contract shall be the
date when the last one of the CITY and SELLER has signed
this offer.
13, Documentary Stamps and surtax on the deed and 'the cost
of recording any corrective instruments shall be paid by
CITY.
Dated the date first written above.
ATTEST:
BY
ATTEST:
MATTY HIRAI, CITY CLERK
APPROVED AS TO FROM AND CORRECTNESS:
A. QUINN JONES, III
City Attorney
f
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SELLER: MICRO CORPORATION,
INC. c/o Jane F1ink
BY
CITY OF MIAMI, a Municipal
Corporation of the State of
Florida
BY
CESAR H. ODIO, CITY MANAGER
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CITY OF MIAMI, FLORIDA A
INTER -OFFICE MEMORANDUM %WOMN08
To Honorable Mayor and
Members of the City Commission
_ Cesar H. Odi
IRe"' City Manager
RECOM ONDAT ION
DATE FEB 11993
FILE
SUBJECT Resolution Accepting a
Donation of One Parcel of
Land in Edison/Little River
REFERENCES City Commission Agenda
ENCLOSURES: item - February 9, 1993
it is respectfully recommended that the City Commission adopt the
attached Resolution accepting the donation of a vacant parcel of
real property located at 8055 N.E. Miami Court in the
Edison,/Little River Community Development Target Area.
BACKGROUND:
The Department of Development and Housing Conservation recommends
adoption of the attached resolution accepting a donation of a
vacant parcel of real property located at 8055 N.E. Miami Court
in the Edison/Little. River Community Development Target Area.
once acquired, the subject property will be developed by the City
of Miami under the Scattered Site Affordable Homeownership
Development Program or made available to a not -for -profit housing
corporation for the purpose of developing affordable housing
units.
In Octobere 1992, Mrs. Jane Flink, owner of the subject property,
contacted the City of Miami to advise that she would like to
donate her- property to the City, to be used to benefit the
community. Mrs. Flink has no mortgages on the property, the only
agonies owed on the property are 1991 and 1992 real property
taxes.
The assessed value of the site is $29,342. Funds are available
from Ilth Year Community Development Block Grant funds for land
acquisition costs to pay the past due real estate taxes and the
recording fees and the cost of title insurance in an amount not
to exceed $4,500.
In view of the need to provide affordable housing opportunities
to low and moderate income families in the Edison/Little River
neighborhood, the City Commission adoption of the attached
resolution is recommended.
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MW