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HomeMy WebLinkAboutR-92-0092t-92-131 2/4/92 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE RAMPA CORPORATION ("SELLER"), FOR THE ACQUISITION OF FOUR (4) PARCELS LOCATED AT 1311 NORTHWEST 2ND COURT, 1321 NORTHWEST 2ND COURT, 1330 NORTHWEST 2ND COURT, AND 1345 NORTHWEST 2ND COURT, MIAMI, FLORIDA (COLLECTIVELY A/K/A PARCEL NO. 90-12B, LOCATED IN THE OVERTOWN COMMUNITY DEVELOPMENT TARGET AREA, AND MORE PARTICULARLY AND LEGALLY DESCRIBED IN THE ATTACHED EXHIBIT "A"), FOR A TOTAL PURCHASE PRICE OF $429,174; ALLOCATING FUNDS THEREFOR FROM COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") _ PROJECT ENTITLED "OVERTOWN LAND ACQUISITION PROJECT" AND THE "SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT TRUST ACCOUNT, PROJECT NUMBER 689001," FOR ACQUISITION OF THE SUBJECT PARCELS; FURTHER AUTHORIZING THE CITY ATTORNEY TO CLOSE ON THE SUBJECT PARCELS AFTER EXAMINATION OF THE ABSTRACT AND CONFIRMATION OF OPINION OF TITLE. 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, the subject parcels identified for acquisition in the Overtown Community Development Target Area are located in the area targeted for revitalization; and . n ter.•-," I• ;•'1, � �'. l; '-•� �.` y`i" � 06_ i CITY GG`i ��' iISS?JN r=n: lcw OF F t B 13 199 Z ± i RESOLVI N No. WHEREAS, once acquired, the assembled parcels will be made available to St. John Community Development Corporation in connection with the development of a forty-eight (48) unit affordable rental housing project adjacent to a thirty-five (35) unit housing project currently under oonstruction at Northwest 13th and 14th Streets between 2nd Court and 3rd Avenue, Miami, Florida; and WHEREAS, the City retained the services of Ralph Ross Real Estate Company, Inc., an independent appraiser, for the purpose of determining the fair market value of the subject parcels and $390,158 was assigned as the appraised value of said parcels; and WHEREAS, through a negotiated purchase settlement the Seller has agreed to an offer of $429,174; and WHEREAS, the amount set forth in Exhibit "A" is reasonable and in keeping with the costs of acquiring property through the normal negotiation process; and WHEREAS, funds are available in the amount of $294,550 from unexpended CDBG funds from CDBG project entitled "Overtown Land Acquisition Project" and the balance from the Southeast Overtown/Park West Redevelopment Trust Account (Project No. 689001) to defray the cost of said acquisition; 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 is this Section. -2- Section 2. The City Manager is hereby authorized to execute an Agreement of Purchase and Sale, I/ in substantially the attached form, between the City of Miami ("Purchaser") and Rampa Corporation ("Seller) for the purchase of the parcels as described herein (and more particularly described on Exhibit "A" attached hereto) for the total purchase price of $429,174: $$L$$ PURCHASE PRICE PROPERTY ADDRESS Rampa Corporation $429,174 1311 Northwest 2nd Court 1321 Northwest 2nd Court 1330 Northwest 2nd Court 1345 Northwest 2nd Court (Collectively A/K/A Parcel 90-12B) Section 3. Money to defray the cost of the acquisition of said parcels is hereby authorized and allocated from CDBG project funds entitled "Overtown Land Acquisition Project" and from the Southeast Overtown/Park West Redevelopment Trust Account (Project No. 889001). Section 4. The City Attorney is hereby authorized to proceed to close on said property after examination of the abstract 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 for the subject property identified at cost stated in Exhibit "A" and to disburse the sum(s) of money in accordance with the City Commission's herein authorization. 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. M19 Section 5. This Resolution shall immediately upon its adoption. PASSED AND ADOPTED this _ 13th day o ATTE MA IRAI, CITY CLERK COMMUNITY DEVELOPMENT APPROVAL: FRANK CASTANkdA, DIRECTOR DEPARTMENT OF COMMUNITY DEVELOPMENT BUDGETARY PARTMENT APPROVAL: MANOHAR S URANA ASSISTAN TY MANAGER PREPARED AND APPROVED BY: JE E. MAXWELL" C.I F ASSISTANT CITY ATTORNEY become VIER L. SU¢RE2, FINANCIAL APPROVAL: effective 1992. AYOR CARLOB E. GARCIA, DIRECTOR DEPARTMENT OF FINANCE APPROVED AS TO FORM AND CORRECTNESS: QLftIN 709ES, If I CITY ATT EY JEM/db/csk/M2758 -4- t IA�XHIBIT „A" i, REErIC.N'r' OF P RC11A E AND SALE PARCEL NO. 2B THIS AGREEMENT entered into this day of , 1992 by and between THE CITY OF MIAMI, Dade County, Florida —a Municipal Corporation, hereinafter referred to as "CITY", and Rampa Corporation whose property is currently located at 1 11_ 1321, 1330, 134_a--NW 2nd Ct herei.nafter referred to as "SELLER". W I T N E S S E T 11: WHEREAS, the SELLER is owner of that real property more fully described on Exhibit "A" attached hereto and made a part - hereof, and WIiEREAS, the CITY desires to purchase said property for use in conjunction with the Southeast Overtown/Park West Redevelol-'mient Plan. 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 four hundred twenty-nine thousand, one hundred and seventy-four dollars ($429,174) 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 CITY Warrant at the closing within sixty (60) days from the date of the execution of this Agreement by the CITY and SELLER. The CITY will sign the agreement within ten (10) 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 1992, shall be prorated as of the date of closing and shall be paid or satisfied by the SELLER prior to closing. PAGE 1 OF 6 M PARCEL 90-12D 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 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. 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 Dade 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. PAGE 2 OF 6 PARCEL 90-12B 11. This Agreement Shall be governed according to the laws of the State of Florida. 12. The SELLER understands that this offer is subject to the approval of the City Commission of the City of Miami, Florida. 13. Prior to closing SELLER shall provide CITY with a certificate from a State Certified Contractor with a Florida Department of Environmental Regulation (DER) approval generic quality assurance plan indicating that the property or any part thereof is free of environmental contamination including any hazardous material (including but not limited to asbestos), waste or toxic substances. 14. This instrument and its attachments constitute the sole and only Agreement of the parties hereto relating to said services and correctly sets 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. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized, this the day and year first above written. PAGE 3 OF 6 A. =f Witnesses: (two required) As to an individual ATTEST: MATTY HIRAI CITY CLERK SELLER: By CITY OF MIAMI, a Municipal Corporation of the State of Florida By CESAR H. ODIO CITY MANAGER APPROVED AS TO FORM AND CORRECTNESS: A. QUINN JONES, III CITY ATTORNEY 0 PAGE 4 OF 6 V "Al PARCEL NO. 90-12B r, VtJTnTm r CITY OF MIAMI SOUTIIEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT 1. PROPERTY DESCRIPTION: A portion of Lots 20 thru 22, beginning 41.87 feet South of the Northwest corner. of Lot 20 thence South 52.07 feet, East 79.74 feet, North 8.90 feet, Northwesterly 90.60 feet to Point: of Beginning AND all of Lots 23 thru 25, and the East 50 feet of Lots 29 thru 38 AND all of Lots 39 thru 48, in Blocic 1, of PARRYS RESUB, a subdivision according to the Plat thereof, as recorded in Plat Book "B", at Page 163 of the Public Records of Dade County, Florida. Also Known As: 1311 North West 2 Court 1321 North West 2 Court 1345 North West 2 Court 1330 North West 2 Court Miami, Florida 2. OWNERS OF RECORDS: RAMPA CORPORATION 3. FEE SIMPLE: $429, 174 4. BASIS OF JUST COMPENSATION: The City's offer represents the full amount of Just Compensation for the property and all interests 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. PAGE 5 OF 6 IML PARCEL NO. 90-12B MP - 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. 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 $429,174 TOTAL JUST COMPENSATION $429,174 PAGE 6 OF 6 Ir j, 12 _ CITY OF MIAMI. FLORIDA _— INTER -OFFICE MEMORANDUM =- Honorable Mayor and Members FILL ro: of the City Commission oarE JAN 2 91992 Resolution Authorizing } suEUEcr Execution of Purchase and Sale-Overtown Land Acquisition Project FROM: Cesar H. Odlo REFERENCES City Commission Agenda -' City Manager Item -February 13, 1992 ENCLOSURES: RECO14MENDATION : It is respectively recommended that the City Commission adopt the attached resolution authorizing the City Manager to execute an -j Agreement of Purchase and Sale for the acquisition of the parcels located at 1311 Northwest 2nd Court, 1321 Northwest 2nd Court, 1330 Northwest 2nd Court and 1345 Northwest 2nd Court, in substantially the form attached, between the City of Miami ("Purchaser") and the Rampa Corporation ("Seller"), for a total purchase price of $429,174. BACKGROUND: The Department of Development and Housing Conservation recommends ratification of the attached resolution authorizing the City Manager to execute an Agreement of Purchase and Sale for the acquisition of the aforementioned parcels owned by the Rampa Corporation ("Seller"), at the negotiated purchase price of $429,174. Over the past year, representatives of St. John Community Development Corporation have been working with the City Administration in planning a second rental housing project which is being proposed adjacent to a 35 unit rental development currently under construction by St. John Community Development Corporation in the Overtown neighborhood. Presently, St. John Community Development Corporation is seeking the City's assistance in acquiring three (3) existing slum and blighted buildings and one (1) vacant lot situated on the tract where a forty-eight (48) unit affordable rental housing project is being proposed. The St. John CDC proposal calls for the development of sixteen (16) 3-bedroom 2- bath units and thirty-two (32) 2-bedroom 1 1/2 bath units. City staff secured the services of Ralph Ross Real Estate Company, Inc., an independent appraiser, for the purpose of ascertaining the fair market value of the subject parcels. Based on the appraisal report, it was determined that the fair market value of the said parcels was $390,158. Subsequently, through a negotiated purchase settlement, the seller has agreed to an offer of $429,174. The negotiated purchase price for the subject parcels represents an amount that is ten percent (10%) above the appraised value. CITY OF MIAMI, FLORIDA 12 INTER -OFFICE MEMORANDUM Honorable Mayor and Members TO: of the City Commission FROM: Cesar H. Odio City Manager RECOMMENDATION: DATE JAN 2 9 1192 FILE Resolution Authorizing SUBJECT Execution of Purchase and Sale-Overtown Land Acquisition Project REFERENCES :City Commission Agenda Item -February 13, 1992 ENCLOSURES. It is respectively recommended that the City Commission adopt the attached resolution authorizing the City Manager to execute an Agreement of Purchase and Sale for the acquisition of the parcels located at 1311 Northwest 2nd Court, 1321 Northwest 2nd Court, 1330 Northwest 2nd Court and 1345 Northwest 2nd Court, in substantially the form attached, between the City of Miami ("Purchaser") and the Rampa Corporation ("Seller"), for a total purchase price of $429,174. BACKGROUND: The Department of Development and Housing Conservation recommends ratification of the attached resolution authorizing the City Manager to execute an Agreement of Purchase and Sale for the acquisition of the aforementioned parcels owned by the Rampa Corporation ("Seller"), at the negotiated purchase price of $429,174. Over the past year, representatives of St. John Community Development Corporation have been working with the City Administration in planning a second rental housing project which is being proposed adjacent to a 35 unit rental development currently under construction by St. John Community Development Corporation in the Overtown neighborhood. Presently, St. John Community Development Corporation is seeking the City's assistance in acquiring three (3) existing slum and blighted buildings and one (1) vacant lot situated on the tract where a forty-eight (48) unit affordable rental housing project is being proposed. The St. John CDC proposal calls for the development of sixteen (16) 3-bedroom 2- bath units and thirty-two (32) 2-bedroom 1 1/2 bath units. City staff secured the services of Ralph Ross Real Estate Company, Inc., an independent appraiser, for the purpose of ascertaining the fair market value of the subject parcels. Based on the appraisal report, it was determined that the fair market value of the said parcels was $390,158. Subsequently, through a negotiated purchase settlement, the seller has agreed to an offer of $429,174. The negotiated purchase price for the subject parcels represents an amount that is ten percent (10%) above the appraised value. r�4 Resolution Approving Execution of Purchase and Sale - Overtown i Land Acquisition Project Page - 2 - Presently, funds are available in the amount of $294,550 from unexpended CDBG funds from CDBG project entitled "Overtown Land Acquisition Project", and the balance from the Southeast Overtown/Park West Redevelopment Trust Account (Project No. 689001), to defray the cost of said acquisition. In an effort to further promote the development of new affordable housing in the Overtown neighborhood through various public -private housing ventures, City Commission ratification of the attached resolution is recommended.