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HomeMy WebLinkAboutR-93-0143J-93-134 _ 3/2/93 93— 143 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO MAKE AN OFFER AND EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE PROPERTY OWNERS FOR ACQUISITION OF ONE PARCEL dPARCEL NO. 02-62) LOCATED AT 1532 NORTHWEST 41ST STREET, MIAMI, FLORIDA, WITHIN THE MODEL CITY COMMUNITY DEVELOPMENT TARGET AREA FOR THE TOTAL PURCHASE PRICE $9,5001 AND ONE PARCEL (PARCEL NO. 03-12) LOCATED AT 3453 NORTHWEST 11TH COURT, MIAMI, FLORIDA, WITHIN THE ALLAPATTAH COMMUNITY DEVELOPMENT TARGET AREA FOR THE TOTAL =} PURCHASE PRICE OF $20,000, AND WHICH ARE MORE ' PARTICULARLY AND LEGALLY DESCRIBED IN THE ATTACHED EXHIBITS "A" AND "B" RESPECTIVELY, TO BE USED FOR THE DEVELOPMENT OF HOUSING AFFORDABLE TO LOW AND MODERATE INCOME FAMILIES IN CONNECTION WITH THE SCATTERED SITE AFFORDABLE HOME OWNERSHIP DEVELOPMENT PROGRAM; ALLOCATING FUNDS FROM THE 11TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM UNDER THE CITYWIDE LAND ACQUISITION PROGRAM, PROJECT NO. 321026, INDEX CODE 599101, FOR ACQUISITION OF THE SUBJECT PROPERTIES; AND AUTHORIZING THE CITY ATTORNEY TO PROCEED TO CLOSE ON THE SUBJECT PARCELS AFTER EXAMINATION OF THE ABSTRACTS AND CONFIRMATION OF OPINION OF TITLE. �i WHEREAS, there exists a sewerage shortage of standard housing in the City of Miami affordable to families and individuals of low and moderate income; and WHEREAS, the 1992 Capital Improvement Ordinance No. 10938 adopted December 5, 1991, appropriated $1,000,000 in llth Year Community Development Block Grant funds, and monies are available t.i for the proposed amount of the contracts under Capital Project No. 321026 of said Ordinance; and WHEREAS, several surveys have been conducted in an effort to ATTACHMENT (S) CONTAINED Crry COPOMSIpN MEETING OF MAR iJt99'3 X& s3- 143 received ' eavelopes on bobalt 0 .. , . (person r:eeivias fida GSAtSolid Wasto�-Procurement Division oe "..-----4-.1►Y.IW�M�YMV��►if�y� (C1t7 toportueet) — t ` $xaxsa put:#r�ta Cierk ` —`i identify locations in the target areas where the expenditure of these funds would have maximum impact in reversing disinvestment and deterioration while, at the same time, increasing housing resources; and WHEREAS, the parcels identified for acquisition in the Model City and Allapattah Target Areas are located in the areas targeted for revitalization; and WHEREAS, once acquired, the assembled sites will be developed by the City of Miami under the City's 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 the Model City and Allapattah Target Areas; and WHEREAS, one (1) parcel in the Model City Community Development Target Area and one (1) parcel in the Allapattah Community Development Target Area have been identified and recommended for the development of housing affordable to low and moderate income families; and WHEREAS, the City of Miami is interested in acquiring one (1) parcel of land located in the Model City neighborhood and one (1) parcel of land located in the Allapattah neighborhood which are more particularly and legally described in the attached Exhibits "A" and "B" for the development of such housing; and WHEREAS, appraisals have been obtained and efforts to secure the properties for valid public and municipal purposes through negotiation should be undertaken by the City; and 93- 143 -2- i WHEREAS, funds are available in the total amount of $29,500 from Ilth Year Community Development Block Grant funds for land acquisition costs in connection with the Program; and WHEREAS, the amounts set forth in Exhibit "A" are reasonable and in keeping with the costs of acquiring property through the — normal negotiation process; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OIL MIAMI, FLORIDA: Section 1. The recitals and findings contained in the - Preamble of this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The following offers as indicated are hereby authorized to be made to the owners of the subject properties in the amounts as indicated below: TARGET APPRAISED AREA PARCEL ADDRESS VALUE #1 Model. 1532 NW 41 Street $ 9,500 City Miami, Florida Allapattah 3453 NW 11 Court $21,400 Miami, Florida CONTRACT APPRAISED PURCHASE VALUE # 2 PRICE $ 9,500 $ 9,500 $21,500 $20,000 Section 3. Eleventh Year Community Development Block Grant land acquisition funds which exist as an available balance previously authorized by the City Commission (Project Number 321026, Index Code 599101) , are hereby designated to defray the cost of said acquisitions in the total amount of $29,500. Section 4. The City Attorney is hereby authorized to proceed to close on said properties after examination of the 93- 143 - 3- [H abstracts and confirmation of an Opinion of Title. If approved by the City Attorney, the City Manager is hereby authorized to execute the appropriately attached Agreement of Purchase and Sale of the subject properties identified at the cost stated in Exhibit "A" and to disburse the sum(s) of money in accordance with the City Commission's authorization. Section 5. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 11th day of M ► 1993. XAVIER L. UAREZ, AYOR ATTXHIRAI,-CITY MATCLERK COMMUNITZ MENT EVIEW: F NK C DIRECTOR COMMUNITY DEV'�LOPMENT DEPARTMENT PREPARED AND APPROVED BY: L.IND KERRSON ASSISTANT CITY ATTORNEY CAPITAL IMPROVEMENT RPUT P7 / 0/ R-D-*RDW ROPYRRIGUEZ CI P JECT MANAGER APPROVED AS TO FORM AND CORRECTNESS: S. t CITY ATTO Y 93- 143 - 4 - ---- race!'vest ��! eaveloto �• �� �► '� Y EXHIBIT "A" [MODEL CITY COPU4UNITY DEVELOPMENT TARGET AREA PARCEL NO. 02-62 PARCEL ADDRESS: PROPERTY LEGAL DESCRIPTION: FOLIO NUMBER: OWNER OF RECORD: LAND AREA: APPRAISAL NUMBER ONE: APPRAISAL NUMBER TWO: ACQUISITION COST: 1532 Northwest 41st Street LOT: 5, Cederhurst, Plat Book: 11-18 01-3123-038-0050 Jack Jean, Inc. c/o Ben Fenster 50 x 100 $9,500 $9,500 $9,500 ALLAPATTAH CONNUNI'TY DEVELOPMENT TARGET AREA PARCEL NO. 03-12 PARCEL ADDRESS: tF. PROPERTY LEGAL DESCRIPTION: f FOLIO NUMBER: OWNER OF RECORD: =p> ; LAND AREA APPRAISAL NUMBER ONE: APPRAISAL NUMBER TWO: ACQUISITION COST: .,r 3453 Northwest llth Court Lot: 7 and N. 1/2 of Lot 8, Block 7, Buena Vista Park, Plat Book: 2-89 01-3126-031-0060 Rachel Grave 75 x 139 $21,400 $21,500 $20,000 93- 143 eavolop*g so ti� .�t • MII.R.I.O.IIIM ..+M.�rwAnf rr w.s�ww ��. - yasros �.mm iA wacta-promrst nt avision - •s..,,.�.,.._,»..�..._w..,...p4.w�...............�. Ae�4►YtR►�At U �*,AtygJa w EXHIBIT "B" MODEL CITY COMMUNITY DEVELOPMENT AREA PROPERTY ADDRESS: 1532 N.W. 41st Street S K E. T C I O F S I T E �.__ � i. ?. t. T. � , irj � $. � :.� •. =. I. I1. �.. •.� it 1. I. . :. • ., R . =r � 7 ); �3 � b � .� N.W. 43 X R ;• Ie Y j• • w �j t •. _ 3 w a4 1 t t • fi 1 1 Z 1 = w. IL I. 41"_ • N.W. 42 3i Z _ .. r rl... t } f 1 I � �1 4 '. • . it N;,zo-, �vl e I 4 f li = L •Y M w. - .• f 1 1 t A' z w • QQr .D.. � t • p Iw •. •. •. C t • • t 11 yY C I II e N.W. 31 , •.on ►0 t ! � P • w � 2 •0011�7 3 • W Q 24.a/ ,. R. I " It 1 t a ♦ 5 I! 1 IY N.W. 40 N.W. Iffi.. L D. t:P"cNII;Ii) AIRPORT 39 ' ' DO 5 +� »• !» p d i ul W• IR i ,� a s t a > It 124 3 ►! — _ I� x .P D. •. •• •. ' N.W. _.. L O C A T I O N M A P r-- a EXWY - (5-49) ' 39 93- 143 eaveloves ea bsh�lit. IV as 1 ante-p t= ulreallent Division M�.�l�02 --- ---------- -........-�-�- • '�°., ..� CF p a ia�et�MM•I►gIDRI b�a►v�••r EXHIBIT ALL-APATTAH COMMUNITY DEVELOPMENT TARGET AREA PROPERTY ADDRESS: 3453 N.W. llth Court 1� s=_ I� I ! i� 4 i- 3 ,. frz, - t _ v. 1 11 to t1 r1 1,24 tt 2a 1 , 1 10 t • 1 a a 11 1• • + • •• ' • ' a ,' °'• "•� >• -° I •f. • • i• ' to ,a • •• R F:. ,2 • — 7 J , • ` 1 I • • 13 � W. 110 oil I7 1 - �Aw=!!! kmw Mriy�1����� / • Q lT to ,• tort it Q • 23 t t• to • 1 1! .i• » 11 • T • 1 • > � , 1 � '_ :. � _— Tee s •• N. W. /•a, �. L..J �.�,��,.. t I 2 — 3 2 1 • 3 •� 2 , slp �•• T't' H 2 . 1 N w 419 2 I 3/ q a 3 x ST b +3 1• _ 49 It 20 21 22 23 3 t t• • 14 1 is a 41 M 17 1• 1 3 • , > t3 at 12 11 so 3 , 3 LI,J ' .8 ,o • 3 U tt Its t• 1Oif . • ! 10 1 1 i3 s- 3. • t , � V 12 + 7 , 11 ,. fit fil1 N.W. , a 2 3a T. 4L 17 11 , — ` 3 2 S T. II 10 I I i0 S . to 3 Ia 1 I: a .♦,,••� .1Y {u )t ~ ' ?L a , Z' '� ,))` • i • . �P� is t!` 1/ It t0 FI 72 23 t• 7S 1• a It is 1• • •. N. .•• ..F- '.t••. ti ( tlF F s I s s . 3, • t• '+ '• 2 a • +• + �, ►• ,•� ; ;t.real i i •'il tt +3 to It 21 ,t 211.3 Tol. t• 2S to 11 t •1 +t t01t i123 10 t t• 15 26 A 1 ,T 13 12 11 • T a ,a • 31 14 13 It 11 10In • • 1 a, • 13 �3 .p 10 • i ► i. a � + 1 a , ' 4 3 'a 9 3, .10 5 I (T — 2U 1 21 23 • S 7a t, 2•' 2 IT t 0 2 t 2 21 1. ' t! a 2 • 11 11 11 1 ( •+ ., • 'K 50 J C T w ..+ la 1 a 1• u 3 9- 143 •' y s #urrelope'>s oelk '6052319 "law' �l►too .11.�•,.1,_1..f.gs#�s���sj� `ii��........�. _ _ �s aitM�.Igf..n•I*rorw�erww.r�faNs.;>.ai..lYGsi.w w.�M.wl.i♦►f�•rifsrrrfi(rIR' (iT.j7,tj#fit#ti!##t. �" "`�. +�•.... .._ a AGREEMENT OF PURCHASE AND SALE THIS AGREEMENT entered into this day of , 1993, by and between THE CITY OF MIAMI, Dade County, Florida, a 3 Municipal Corporation of the State of Florida, hereinafter referred to as "CITY," and JACK JEAN INC. c/o BEN FENSTER# residing/located at 18800 N.W. 2nd Avenue, Miami, Florida 33169, hereinafter referred to as "SELLER." z, W I T N E S S E T H: WHEREAS, the SELLER is owner of the land (real property) more fully described as 1532 Northwest 41st Street, Lot: 5, Cederhurst, Plat Book: 11/18, Folio Number 01-3123-038-0050, and WHEREAS, the CITY desires to purchase said property located at 1532 Northwest 41st Street (Parcel No. 02-62) 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 Nine Thousand Five Hundred Dollars 0 9,500), 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 Warrant 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 .A be paid or satisfied by the SELLER 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 SELLER prior to closing. 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 93_ 143 r�esiesO envelopes on tob el[ of issa�s s Gelvio8 bi.6s) GOA�'Sro olld waists-Pcuroment Divimi©a ew�.i.ra� ru .._,._.,-------_-..w...�.._.....�.,�.. � BI M; 8uta.�itp Cis --� _r �. r 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 on 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. 8. If the SELLER is a corporation, partnership or trust, SELLER hereby agrees to comply with Section 286.23 Florida Statutes by making a written Public Disclosure, under oath, of the names and addresses of every persons) 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. - 2 - 93- 143 =�ealaa• i�� •naalopsa •n �aasaos sacaivi�►S Mid ty s parts*& E VisLOn *a qrmw p�►ty V► Gx•Kul— 11. The SELLER understands that this offer has been approved by the City Commission of the City of Miami, Florida by Resolution No. 12. tf this is not executed by bath parties to the Agreement on or before June 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. Within fifteen (15) days from date of execution of this Agreement, the SELLER shall cause to be delivered to the CITY the abstract of title to the real property brought to the date hereof. 14. Documentary Stamps and surtax on the deed and the cost of recording any corrective instruments shall be paid by SELLER. Dated the date first written above. ATTEST: SELLER: Jack Jean, Inc. Ben Fenster, President BY BY ATTEST: CITY OF MIAMI, a Municipal Corporation of the State of Florida BY MATTY HIRAI, CITY CLERK CESAR H. CDIO, CITY MANAGER APPROVED AS TO FROM AND CORRECTNESS: A. QUINN JONES, III City Attorney - 3 - 33- 143 �roesi�ii �a,�..a sa�olog�s as Bo r �,�osses stxa Svss� bi�1s� R oll. waste- romroasest DivisiOn -_---.....��....��......_....�. '-IIII.M 11��MIP� iatt•����r,,,,��,,,,,.,.,.�...,��r...r+.r.r 9 1 "XI Ll LA AGREEMENT OF PURCHASE AND SALE THIS AGREEMENT entered into this day of 1993, by and between THE CITY OF MIAMI, Dade County, Florida, a Municipal Corporation of the State of Florida, hereinafter referred to as "CITY," and RACHEL GRAVE, residing/located at 516 45th Street, Brooklyn, New York 11220, hereinafter referred to as "SELLER." F W I T N E S S E T H: WHEREAS, the SELLER is owner of the land (real property) more fully described as 3453 Northwest llth Court, Lot: 7 and N. i 1/2 of Lot 8, less W. 1.37 ft., Buena vista Park, Plat Book: 2/89, Folio Number 01-3126-031-0060, and WHEREAS, the CITY desires to purchase said property located at 3453 Northwest llth Court (Parcel No. 03-12) for use in conjunction with the affordable housing program in the City of Miami. —s = NOW, THEREFORE, it is hereby covenanted and agreed between the parties as follows: i 1. In consideration of the CITY paying the SELLER the sum of Twenty Thousand Dollars ($20,000), 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 a 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 Warrant at the closing within one hundred eighty d- (180) days from the date of the execution of this Agreement by the CITY and SELLER. r -- 3. All taxes and assessments of record for the year 1993 }' shall be prorated as of the date of closing, and shall h be paid or satisfied by the SELLER 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 SELLER prior to closing. 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 93- 143 calved �..,�' envelopes gas 'bo a m ;rr..__r_a _ 8cil d ;pasta Procuzesiant Diwisfon +sa►_..,__.,..__-------M..�..........-..-•• �..pa..Ps:...rR.. s.w .rrr rii..�'rrr..wr�M�. z ��pp yy p�lt� 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 on the date of closing. However, front 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 ther of 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. 8. If the SELLER is a corporation, partnership or trust, SELLER hereby agrees to comply with Section 286.23 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. 93- 143 11. The SELLER understands that this offer has been approved 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 June 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. Within fifteen (15) days from date of execution of this Agreement, the SELLER shall cause to be delivered to the CITY the abstract of title to the real property brought to the date hereof. 14. Documentary Stamps and surtax on the deed and the cost of recording any corrective instruments shall be paid by SELLER. 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 - 3 - SELLER: Rachel Grave BY CITY OF MIAMI, a Municipal Corporation of the State of Florida BY CESAR H. ODIO, CITY MANAGER 93- 143 2 INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM : Cesar H. Od io City Manager RECOMMENDATION: DATE NAR - Z 1993 FILE suaiECT : Resolution Authorizing Acquisition of Two Parcels of Vacant Land REFERENCES: City Commission Agenda ENCLOSURES: Item - March 11, 1993 It is respectfully recommended that the City Commission adopt the attached Resolution authorizing the acquisition of one (1) parcel of vacant real property located in the Model City Community Development Target Area and one (1) parcel of vacant real property located in the Allapattah Community Development Target Area, for the purpose of developing new single family, owner - occupied housing units under the City's Scattered Site Affordable Homeownership Development Program. Based on a negotiated purchase settlement with the respective property owners, a purchase offer in the amount of $9,500 has been accepted by the owner of the property located at 1532 N.W. 41st Street in Model City and a purchase offer in the amount of $20,000 has been accepted by the property owner of 3453 N.W. llth Court in Allapattah. BACKGROUND: The Department of Development and Housing Conservation recommends ratification of the attached resolution authorizing the acquisition of one (1) parcel of vacant real property located in the Model City Community Development Target Area and one (1) parcel of vacant real property located in the Allapattah Community Development Target Area for the purpose of developing new single family, owner -occupied housing units under the City's Scattered Site Affordable Homeownership Development Program. The City contracted with two (2) independent appraisers to determine fair market value for the subject properties. The market value estimated by the appraisers for the property located in Model City is $9,500. The property located in Allapattah was appraised at $21,400 and $21,500. The purchase offers accepted by the respective property owners are $9,500 in Model City and $20,000 in Allapattah. - 143 93 F, y2: ,. i 1.