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HomeMy WebLinkAboutR-92-0618J-92-686 9/30/92 RESOLUTION NO. 9 2 - 618 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 THREE PARCELS SITUATED AT BISCAYNE BOULEVARD AND NORTHEAST 5TH AVENUE BETWEEN NORTHEAST 62ND AND 63RD STREETS IN THE EDISON/LITTLE RIVER COMMUNITY DEVELOPMENT TARGET AREA, AND WHICH IS MORE PARTICULARLY AND LEGALLY DESCRIBED IN THE ATTACHED EXHIBITS "A" AND "B", TO BE USED FOR THE DEVELOPMENT OF LOW/MODERATE INCOME HOUSING; ALLOCATING FUNDS THEREFOR IN A TOTAL AMOUNT OF $56,750 FROM THE LOTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM UNDER THE BISCAYNE BOULEVARD/N.E. 62ND STREET LAND ACQUISITION PROGRAM, PROJECT NUMBER 701501, INDEX CODE 451072, 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. WHEREAS, over the past year, the City Administration has been working in connection with the implementation of a strategy to improve an area bounded by Biscayne Boulevard and Northeast 5th Avenue between Northeast 62nd and 63rd Streets in the Edison/Little River Community Development Target Area; and WHEREAS, at the July 25, 1991 City Commission meeting, the City Commission, pursuant to Resolution No. 91-587, directed the City Manager to identify funding needed for implementation of certain improvements to the Northeast Miami area; and IIAiTACHAAEPIT (S)I CONTAINED CITY COMOSSION MEETING OF. 0 CT 0 8 1992 Resolution No. 92- 618 WHEREAS, pursuant to Resolution No. 91-740, adopted October 3, 1991, the City Commission reallocated $500t367 in unexpended Tenth (10th) year GQmmunity Development Block Grant Program funding for the purpose of providing funds to undertake the acquisition of slum and blighted properties situated- at Biscayne Boulevard and Northeast 5th Avenue between Northeast 62nd and 63rd Streets in the Edison/Little River Community Development Target Area; and WHEREAS, several surveys have been conducted in an effort to identify locations in the Target Area 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 are located in the area 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; and WHEREAS, the City of Miami is interested in acquiring three (3) parcels of land located in the Edison/Little River neighborhood which is more particularly and legally described in the attached Exhibits "A" and "B" for the development of housing affordable to low and moderate income families; and WHEREAS, two (2) appraisals have been obtained and efforts to secure the property for valid public and municipal purposes through negotiation should be undertaken by the City; and - 2 - 92- 618 WHEREAS, funds are available in the total amount of $56,750 is from loth 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 OF 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: CONTRACT APPRAISED .APPRAISED PURCHASE PARCEL ADDRESS OWNER VALUE VALUE PRICE 529 N.E. 62 Street Resolution $16,500 $18,600 $16,500 Trust Corp. 520 N.E. 63 Street Vila, Albert & 13,500 15,000 15,000 Chanmatee 528 N.E. 63 Street New York 25,250 40,000 25,250 { Financial, Inc. a Section 3. Tenth Year Community Development Block Grant land acquisition funds which exist as an available balance } previously authorized by the City Commission (Project Number 701501, Index Code 451072), are hereby designated to defray the cost of said acquisitions in the total amount of $56,750. Section 4. The City Attorney is hereby authorized to proceed to close on said properties after examination of the abstracts and confirmation of an Opinion of Title. Section 5. The City Manager is hereby authorized to execute the attached Agreements of Purchase and Sale, in substantially the attached form, of the subject properties identified at the costs stated in Exhibit "A" and to disburse the sum(s) of money in accordance with the City Commission's authorization. Section 6. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 8th day of �At er , 1992. ATTE MATT HIRAI CITY CLERK COMMUNITY DW%OPMEIJT REVIEW: FRANK C&STANEDIX, DIRECTOR COMMUNfTY DEVELOPMENT DEPARTMENT PREPARED AND APPROVED BY: LINDA K. KEARSO ASSISTANT CITY ATTORNEY XAVIER,L. SUAR , APPROVED AS TO FORM AND CORRECTNESS: Q N S, III ITY ATT EY 1 i y • EXHIBIT *A" PARCEL ADDRESS: 529 N.E. 62nd Street OWNER OF RECORD: The Resolution Trust Corporation as Receiver for CenTrust Federal Savings Hank LEGAL DESCRIPTION: W. 25 ft. of lot 22 less S. 10 ft. and lot 23 less S. 10 ft., Block: 10, North Gate, P.B. 8/88 FOLIO NUMBER: 01-3218-024-0930 LAND AREA: 75 x 110 = 8,250 SF APPRAISED VALUE: Edward M. Waronker - $16,500 Rennee Dawson - $18,600 CONTRACT PRICE: $16,500 PARCEL ADDRESS: 620 N.E. 63rd Street OWNER OF RECORD: Vila, Albert & Chanmatee LEGAL DESCRIPTION: Lot: 3, Block: 10 North Gate, P.B. 8/88 FOLIO NUMBER: 01-3218-024-0840 LAND AREA: 50 x 120 = 61000 SF APPRAISED VALUE: Edward M. Waronker - $15,000 S Rennee Dawson - $13,500 CONTRACT PRICE: $15, 000 PARCEL ADDRESS: 528 N.E. 63rd Street OPINER OF• RECORD: New York Financial, Inc. LEGAL DESCRIPTION: Lot 4 & W. 25 ft. of lot 51 Block 10 North Gate, P.B. 8/88 FOLIO NUMBER: 01-3218-024-0841 LAND AREA: 9,000 SF APPRAISED VALUE: Edward M. Waronker-40,000 Rennee Dawson - $25,250 r CONTRACT PRICE: $25,250 92- 618 ; EXHIBIT "B" . 3 S V 9 In if » .. M70 IDs� aN,�tE. 63 N 1 E 9A 4� k elfj tJ SO C LIBRARY 103{ l so . E TON PARK:I� oil lM�4LAYGROUND ,6ASSEEhALL FIELU 0 rom ' ! - 170 rjA ` 143.8 o < �_ •P /fit r n J .- To-9.8 J_ -A. II -. --� -�, --,��--- ,�- -- �— •fir --�� — �+� 1.6 16 pis -` 1 i 31T�NNIIS T. 6 a00 r,..��, '� ���� �� t, , � Az 6G 0 EXHIBIT "C" AGREEMENT OF PURCHASE AND SALE THIS AGREEMENT entered into this day of r 1992, by and between THE CITY OF MIAMI; Dade County, F o� ri a,�a Municipal Corporation of the State of Florida, hereinafter referred to as "CITY," and THE RESOLUTION TRUST CORPORATION AS RECEIVER FOR CENTRUST FEDERAL SAVINGS HANK, residing/locates] at c/o The Beverly Group, Inc., 4010 Boy Scout Blvd., Suite 7850, Tampa, FL 33607, hereinafter referred to as "SELLER." W I T N E S S E T B: WHEREAS, the SELLER is owner of the land (real property) more fully described as 529 Northeast 62nd Street, N. 25 ft. of lot 22 less S. 10 ft. a lot 23 less S. 10 ft., Block 10, North Gate, Plat Book: 8/88, Folio Number 01-3218-024-0930, and WHEREAS, the CITY desires to purchase said property located at 529 Northeast 62nd Street, 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 Sixteen Thousand Five Hundred Dollars ($16,500), 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). E , 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 1992 shall be prorated as of the date of closing, and shall 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 92- 618 lG. to the CITY have been accepted by the CITY. In the event that•such loss or da►nage 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 thib Agreement shall he 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. - 2 - j � 92- 618 In 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 December 31, 1992, 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 ly ATTEST: MATTY HIRAI, CITY CLERK SELLER: The Beverly Group, Inc. as Contractor to the RTC, as Receiver for Centrust Federal Savings Bank APPROVED AS TO FROM AND CORRECTNESS: A. QUINN JONES, III City Attorney — 3 — BY i CITY OF MIAMI, a Municipal Corporation of the State of Florida BY CESAR H. ODIO, CITY MANAGER 92- 61.8 EXHIBIT "b" AGREEMENT OF PURCHASE AND SALE THIS AGREEMENT entered into this day of , 1992, by and between THU CITY OF MIAMI, 65- a County, Floridaa Municipal Corporation of the State of Florida, hereinafter referred to as "CITY," and Albert J. and Charunatee Vila, residing/located at 14350 S.W. 92nd Terrace, Miami, Florida 33186, hereinafter referred to as "SELLER." W I TNESS9T9% WHEREAS, the SELLER is owner of the land (real property) more fully described as 620 Northeast 63rd Street, Lot: 3, Block: 10, North Gate, Plat Book: 8/88, Folio Number: 01•-3218-024-0840, and WHEREAS, the CITY desires to purchase said property located at 620 Northeast 63rd Street, 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 Fifteen Thousand Dollars 0 15,000), 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 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 1992 shall be prorated as of the date of closing, and shall 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 92- 618 IS to the CITY have been accepted by the CITY. In the event thattsuch 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. B. 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. - 2 - 92- 618 lLO 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 December 31, 1992, 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 BY t. ATTEST: MATTY HIRAI, CITY CLERK. APPROVED AS TO FRO14 AND CORRECTNESS: A. QUINN JONES, III City Attorney — 3 — SELLER: BY Albert J. Vila BY Chanmatee Vila CITY OF MIAMI, a Municipal Corporation of the State of Florida BY CESAR H. ODIO, CITY MANAGER 92- 6.18 I-� PXHIBIT "E" AGREEMENT OF PURCHASE AND SALE THIS AGREEMENT entered into this day of , 1992, by and between THE CITY OF MIAMI D -de County, Floridat�a Municipal Corporation of the State of Florida, hereinafter referred to as "CITY," and NEW YORK FINANCIAL, INC., residing/located at c/o Kenneth L. Goldman as Corporate Secretary and Registered Agent, 1123 71st Street, Miami Beach, Florida 33141, hereinafter referred to as "SELLER." W I T N E S S E T H: WHEREAS, the SELLER is owner of the land (real property) more fully described as 528 Northeast 63rd Street, Lot 4 and West 25 feet of lot 5, Block 10, North Gate, Plat Book: 8/88, Folio Number: 01-3218-024-0841, and WHEREAS, the CITY desires to purchase said property located at 528 Northeast 63rd Street, 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 Twenty Five Thousand Two Hundred Fifty Dollars ($25,250), 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 1992 shall be prorated as of the date of closing, and shall 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 92- 618 / 9 to the CITY have been accepted by the CITY. In the event that+such loss or damage occurs, there shall be an adjustment of thg 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, employeeg, representatives or other personnel shall have the right to come upon the premises at reasonable times to inspect nnA cnnAne-f- tact• i na nnnn the nronerty. If CITY determines that the land contains chemical contamination, or has be dump or landfill site, CITY may i This contract is contingent upon tt of contamination and as represent sixty (60) days from the date conduct testing and inspection, an cancel, shall give SELLER written said time period. If CITY g ivc SELLER of its desire to cancel, SELLER shall be returned to CIT' shall be terminated. The repre shall survive the closing and deli any toxic waste or an used as a garbage !ancel this contract. e property being free Bd. CITY shall have of this contract to 1, if CITY desires to notice thereof within s written notice to all monies paid to and this Agreement sentatione of SELLER 'ery 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 I-'lorida. - 2 - � n 92- 618 11. The SELLER understands that this offer has beep 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 December 31, 1992, 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 u -ATTEST: MATTY HIRAI, CITY CLERK APPROVED AS TO FROM AND CORRECTNESS: A. QUINN JONES, III City Attorney SELLER: NEW YORK FINANCIAL, INC., c/o Kenneth L. Goldman as Corporate Secretary and Registered Agent BY Kenneth L. Goldman CITY OF MIAMI, a Municipal Corporation of the State of Florida BY CESAR H. ODIO, CITY MANAGER - 92- 618 3 ! CITY OF MIAMI, FLORIDACA=2 INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM : Cesar H. Odio City Manager RECOMMENDATION: DATE : SEP r' � FILE SUBJECT, Resolution Authorizing Acquisition of Three Parcels of Land in Edison/Little River REFERENCES : • C i ty Commission Agenda ENCLOSURES: Item - September 100 1992 It is respectfully recommended that the City Commission adopt the attached Resolution authorizing the acquisition of three (3) parcels of real property located in the Edison/Little River Community Development Target Area, for the purpose of eliminating slum and blighted properties situated at Biscayne Boulevard and Northeast 5th Avenue between Northeast 62nd and 63rd Streets. Based on a negotiated purchase settlement with the property owners, purchase offers in the total amount of $56,750 have been accepted by the property owners for acquisition of the said parcels. BACKGROUND: The Department of Development and Housing Conservation recommends ratification of the attached resolution authorizing the acquisition of three (3) parcels of real property located in the Edison/Little River Community Development Target Area, for the purpose of eliminating slum and blighted properties. Once acquired, the assembled sites 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. At the July 25, 1991 City Commission meeting, the City Commission, through Resolution No. 91-587, directed the City Manager to identify funding needed for implementation of certain improvements to the Northeast Miami area. On October 3, 1991, through Resolution No. 91-740, the City Commission reallocated $500,367 in unexpended Tenth (loth) year Community Development Block Grant Program funding for the purpose of providing funds to undertake the acquisition of slum and blighted properties situated at Biscayne Boulevard and Northeast 5th Avenue between Northeast 62nd and 63rd Streets in the Edison/Little River Community Development Target Area. 92- 618 VIA