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HomeMy WebLinkAboutR-93-0157J-93-135 3/2/93 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT OF PURCHASE AND SALE, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PROPERTY LOCATED AT 217 NORTHWEST 8TH STREET, MIAMI, FLORIDA, BETWEEN THE CITY OF MIAMI AND MAURICE I. BLUMENTHAL AND DAVID BLUMENrTHAL, TRS, FOR THE PURCHASE AND SALE OF THE PROPERTY (MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" TO THE AGREEMENT ATTACHED HERETO), AT THE TOTAL PURCHASE PRICE OF $114,500, WITH FUNDS FOR THE ACQUISITION OF SAID PROPERTY HAVING BEEN APPROPRIATED IN CAPITAL IMPROVEMENT PROJECT NO. 322057, ENTITLED "SOUTHEAST OVERTOWN/PARR WEST PHASE II," FOR THE PURPOSE OF DEVELOPMENT OF THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT; FURTHER AUTHORIZING THE CITY ATTORNEY TO TAKE WHATEVER STEPS ARE NECESSARY TO CLOSE THE TRANSACTION WITH THE SELLER AS EARLY AS PRACTICABLE. WHEREAS, the Development Division of the Department of Development and Housing Conservation has initiated the development of the Historic Village located within the Southeast Overtown/Park West Redevelopment Project; and WHEREAS, the City contracted with two independent appraisers and two independent appraisals for the herein property were prepared by Ralph Ross Real Estate Co., Inc., and ANCLA Realty, ?ATTACHMENT (S) CONTAINED MAR i t IM 3� 15 �7 Inc. with the resulting appraised values being $138,600 and $114,500, respectively; and WHEREAS, through negotiation the property owner has agreed to an offer of $114,500; and WHEREAS, funds for the acquisition of the herein property have been appropriated in Capital Improvement Project No. 322057, entitled "Southeast Overtown/Park West Phase II"; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI , FLORI DA s 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. The City Manager is hereby authorized to execute an Agreement of Purchase and Sale,.!/ in substantially the attached form, for prices as stated herein between the City of Miami and the property owner, Maurice I. Blumenthal and David Blumenthal, TRS, for the purchase and sale of property located at 217 Northwest 8th Street, Miami, Florida, more particularly described in Exhibit "A" to the Agreement attached hereto, for the total purchase price of $114,500. / 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. 93- 157 MM WE IN Section 3. Fends for the acquisition of said property are hereby allocated from funds appropriated in Capital Project No. 322057 entitled, "Southeast Overtown/Park West Phase II." Section 4. The City Attorney is hereby authorized to take whatever steps are necessary to close the transaction with the property owner as early as practicable. Section 5. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 11th day of ATTEST <� MA HIRAI City Clerk PREPARED AND APPROVED HY: LINDA KELLY KEAR O Assistant Catty Attorney APPROVED AS TO FORM AND CORRECTNESS: . A. WN S, III City Att ar y -3- XAVIER L, , 1993. CAPITAL IMPROVEMENTS PROJECT REVIEW: BDUARQ0 RODRIG16EZ / CAPIT IMPROVEMENTS MANAGER 93- 157 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 Maurice I. Blumenthal and David Blumenthal, TRS., whose property is currently located at 217 N.W. 8th street, hereinafter referred to as "SELLER." N I T N E S S E T H: WHEREAS, the SELLER is owner of that real property more fully described on Exhibit "A" attached hereto and made a part hereof, and WHEREAS, the CITY desires to purchase said property for use in conjunction with the Southeast Overtown/Park West Redevelopment Plan, and the Overtown Historic Folklife Village. 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 One Hundred Fourteen Thousand Five Hundred Dollars ($114,500), 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 which are legally described on Exhibit a attached hereto, and made a part hereof. 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 4t CITY Warrant at the closing within ninety (90) days from the date of the execution of this Agreement by the CITY ?' and SELLER. The CITY will sign the agreement within thirty (30) days of the City Commission approval of this contract. 3. All past due real estate taxes shall be paid by the SELLER. 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 SELLER prior to �i closing. i� ?age 1 of 4 s 93— 157 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. S. The SELLER agrees that in the event that such loss or damage occurs, there shall be an adjustment of the purchase price, which adjustment shall be determined by the CITY and the Seller in agreement. 6. Title to the property shall be delivered to the CITY on the date of closing. Beginning on the date of closing, the CITY SHALL have the right to commence collection of rent from any party(s) occupying the subject property. 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. If the abstract of title to be obtained by the CITY does not meet the requirements set forth in Paragraph 1 and if defects in the title cannot be cured by ordinary means, then the SELLER agrees to cooperate with and assist the CITY and bade County to acquire title to said land by condemnation or other judicial proceedings. The SELLER agrees that he is not entitled to any fees or costs in connection with the foregoing. 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 Statute. 9. If SELLER is entitled to receive any additional payments under the Uniform Relocation Payment Act, it is understood that this Agreement does not prohibit the SELLER from exercising his rights thereunder. 10. This Agreement shall be binding upon the heirs, executors, administrators and assigns of the parties. 11. This Agreement shall be governed according to the laws of the State of Florida. Page 2 of 4 93- 157 W C 12. The SELLER understands that this offer is subject to the approval of the City Commission of the City of Miami, Florida. 13. SELLER represents that the subject property has nct 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 (50) 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. 14. This instrument and its attachments constitute the sole and only Agreement of the parties hereto to and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 15. No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. Page 3 of 4 93•- 1.57 =f e w Witnesses: (two required) As t0 an individual ATTEST: MATTY HIRAI CITY CLERK APPROVED AS TO FROM AND CORRECTNESS: A. QUINN JOKE$, III CITY ATTORNEY w SELLER: Maurice I. Blumenthal and David Blumenthal, TRS. BY CITY OF MIAMI, a Municipal Corporation of the State of Florida BY Page 4 of 4 c£SAR R. ODIO CITY MANAGER 93— 157 G1 EXHIBIT A CITY OF MIAMI SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT STATEMENT OF JUST COMPENSATION 1. PROPERTY DESCRIPTION: Lot 18 of Block 35 N of MIAMI NORTH subdivision as recorded in Plat Book B at. Page 41 of the Public Records of Dade County Florida. 2. ADDRESS AND FOLIO NUMBER: 3. OWNERS OF RECORD: 217 N.W. 8th Street FN. 01-0103-050-1160 Maurice I. Blumenthal and David Blumenthal, TRS. 4. FEE SIMPLE: $114,500 5. BASIS OF JUST COMPENSATION: The City's offer represents the full amount of Just Compensation for the property and all interest therein to be acquired. This offer is based on the Fair Market Value of the subject property and is not less than appraisal made by a competent professional appraiser. The subject property has been inspected by the City and by the independent appraiser. FAIR MARKET VALUE IS DEFINED AS: The price estimated in terms of money, which a property would bring if exposed for sale in the market with a reasonable time allowed in which to find a purchaser buying with the knowledge of all the uses and purposes to which it is adopted and of which it is capable. 93_ 157 Any decrease or increase in the Fair Market Value of real property to the date of valuation caused by the public improvement for which such property is acquired, or by the likelihood that the property would be acquired for such improvement, other than that due to physical deterioration_ within the reasonable control of the owner, has been __- disregarded in determining the compensation for the property by the City and its appraiser. The City of Miami's appraisal and determination of just compensation do not reflect any consideration of, or any allowance for, any relocation assistance and payments which the occupants, the owner or tenants, are entitled to receive under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. The following items are specifically included in the aforementioned approved appraisal and the consideration for the listed items is included in the Just Compensation (see the attached list). 5. ALLOCATION OF VALUATION: The following represents a summary of the City's offer to you and the basis thereof. REAL ESTATE LAND and IMPROVEMENTS $114,500 TOTAL JUST COMPENSATION $ 114,500 93- 157 0 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM To : Honorable Mayor and Members DATE : FILE of the City Commission NAR b 219 SUBJECT: Agreement L43Purchase and Sale Cesar H. Odio For Commission Meeting FROM : City Manager REFERENCES: of March 11, 1993 ENCLOSURES: RECOMMENDATION: it is respectfully recommended that the City Commission adopt the attached Resolution to execute an Agreement of Purchase and Sale, for the property located at 217 NW 8th Street, in substantially the form attached, and subject to the City Attorney's approval as to form and correctness, between the City of Miami ("Purchaser") and Maurice 1. Blumenthal and David Blumenthal, TRS ("Seller"), for the total price of $114,500. BACKGROUND: The Development Division of the Department of Development and Housing Conservation recommends the execution of an agreement to purchase land owned by Maurice I. Blumenthal and David Blumenthal, TRS at the negotiated price of $114,500. The Development Division has aggressively begun development within the Historic Overtown village area, which is a component of the Southeast Overtown/Park West Redevelopment Project. The subject. property to be acquired is located within the boundaries of the Overtown Historic Village (Village). The City contracted with two (2) independent appraisers to provide, a fair market estimate for the above —mentioned property. The two (2) independent appraisals, for said property, were -_ prepared by Ralph Ross Real Estate Co., Inc. and ANCLA Realty, = Inc. of which the resulting appraised values were $138,600 and $114,500 respectively. The funds for the acquisition of the subject property are appropriated in Capital Project No. 322057 entitled "Southeast Overtown/Park West Phase II." 93- 157 9 -/