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HomeMy WebLinkAboutR-91-0111V. ,yT17 f� t t1 J-91-101 �`ht 1/30/91 RESOLUTION NO. 9 1 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 FIVE PARCELS (PARCEL NOS. 02--54, 02-55, 02-56, 02-57 AND 02-58) WITHIN THE MODEL CITY COMMUNITY DEVELOPMENT TARGET AREA, AND WHICH ARE MORE PARTICULARLY AND LEGALLY DESCRIBED IN THE ATTACHED EXHIBITS "A" AND "B", TO BE USED FOR THE DEVELOPMENT OF HOUSING AFFORDABLE TO LOW AND MODERATE INCOME FAMILIES IN CONNECTION WITH THE MODEL CITY/LITTLE HAVANA DEMONSTRATION PROGRAM; ALLOCATING FUNDS FROM THE LOTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM UNDER THE MODEL CITY/LITTLE HAVANA DEMONSTRATION PROGRAM, PROJECT NUMBER 321025, 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 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 1991 Capital Improvement Ordinance No. 10782, adopted September 27, 1990, appropriated $1,000,000 in loth Year Community Development Block Grant funds, and monies are available for the proposed amount of the contracts under Capital Project No. 321025 of said Ordinance; and WHEREAS, several surveys have been conducted in an effort to 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 A77ACHMENTS ..-CONTAINED i WHnftHASI the parcels identified for acquisition in the Model t city, Target Area are located in the area targeted for revitalization described in the attached Exhibit "Cand a a WHEHE� AS once acquired, the assembled sites will be developed by the City of Miami under the City's Scattered Site Affordable Homeoamership Development Program or made available to a not -for -profit housing corporation for the purpose of ng units in the Model City Target developing affordable housi r Area; and e WHEREAS, five (5) parcels in the Model City 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 five (5) parcels of land located in the Model City 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 property for valid public and municipal purposes through s negotiation should be undertaken by the City; and ,5 WHEREAS, funds are available in the total amount of $43,000 �. from 10th.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 g g ig: s.. rat+ rp q_j, negottat A process; jj0W, TtiEHEF(JRE, BE 1T RESOLVED BY THE COMMISSION OF THE CITY M I I . rLORI DA t -mot - a .9 2,� � z b wf Saotion 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. The following offers as indicated are hereby authorised to be made to the owners of the subject properties in the amounts as indicated below: CONTRACT APPRAISED PURCHASE TARGET PARCEL OWNER VALUE_ PRICE ARE&_ -- Model 1612 Nw 60th St. June M. $ 10,500 $10,500 City (Parcel #02-54) Davison - Model 1395 NW 59th St. Molly & Bernard 8,800 8,800 City (Parcel #02-55) Zaminsky _ Model 1074 NW 61st St. Molly & Bernard 81,500 8, 500 City (Parcel #02-56) Zaminsky _ Model 1853 NW 44th St. Molly & Bernard 7,200 71200 City (Parcel #02-57) Zaminsky Model 821 NW 50th St. Molly & Bernard 8,000 8,000 City (Parcel #02-58) Zaminsky Section 3. Tenth Year Community Development Block Grant - balance land acquisition funds which exist as anan available y viousl authorized by the City Commission (Project Number pre 321025, Index Code 599101), are hereby designated to defray the cost of .said acquisitions in the total amount of. $43,000. Section 4. The City Attorney is hereby authorized to proceed to close on said properties after examination of the E abstract and confirmation of an Opinion of Title. If approved by t 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 j with the City Commission's authorization, Section 5. This Resolution shall become effective immediately upon its adoption, zlA. a v 4 s uG st 0 MASSED AND ADOPTED this 14th MATtYrHIRAI# CI COMMUNITY DEVEI CLE REVIEW: CAPITAL IMPROVEMENT REVIEW: FRANK C TANEDA,i`D RECTOR ;A"COMMUNITY DEPARTMENT CIP PREPARED AND APPROVED BY: 0�` v L E. MAXWELL C EF ASSISTANT ITY ATTORNEY 0 EXHIBIT *A* e MODEL CITY COENtUNI'I''y DEVELOPMENT TARGET AREA PARCEL NO. 02-54 �i PARCEL ADDRESS*. PROPERTY LEGAL DESCRIPTION: POLIO NUMBER: OWNER OF RECORD: LAND AREA: ACQUISITION COST: PARCEL NO. 02-55 PARCEL ADDRESS: PROPERTY LEGAL DESCRIPTION: FOLIO NUMBER: OWNER OF RECORD: LAND AREA: ACQUISITION COST: 1612 Northwest 60th Street Lot: 12 & 13, Block: 13 Orange Heights P.B. 14/62 01-3114-025 -2370 June M. Davison 100 x 106 (2 lots) $10, 500 1395 Northwest 59th Street Lot: 6, Orchard Villa Manor P.B. 41/62 01-3114-044-0050 Molly & Bernard Zaminsky 50 x 106 $8, 800 PARCEL NO. 02-56 PARCEL ADDRESS: 1074 Northwest 61st Street PROPERTY LEGAL DESCRIPTION: Lots: 8, Block: 9 Hildamere Resub. P.B. 42/24 _FOLIO NUMBER: 01-3114-013-0080 ' Molly Bernard Zaminsky OWNER OF RECORD: LAND AREA: 50 106 ACQUISITION COST: $8,500 �I �r t I s� PARCEL NO. 02-54 PARCEL ADDRESS: PROPERTY LEGAL DESCRIPTION: FOLIO NUMBER: OWNER OF RECORD: LAND AREA: ACQUISITION COST: PARCEL NO. 02-55 PARCEL ADDRESS: PROPERTY LEGAL DESCRIPTION: FOLIO NUMBER: OWNER OF RECORD: LAND AREA: ACQUISITION COST: PARCEL NO. 02-56 PARCEL ADDRESS: PROPERTY LEGAL DESCRIPTION: =` FOLIO NUMBER: = OWNER OF RECORD: -� LAND AREA: ACQUISITION COST: 1612 Northwest 60th Street Lot: 12 & 13, Block: 13 Orange heights P.B. 14/62 01-3114-025-2370 June M. Davison 100 x 106 (2 lots) $10, 500 1395 Northwest 59th Street Lot: 6, Orchard Villa Manor P.B. 41/62 01-3114-044-0050 Molly & Bernard Zaminsky 50 x 106 $8,800 FOLIO NUMBBRI OWNBR OF RECORD: LAND AREA: ACQUISITION COST: !4 1853 Northwest 44th Street Lot: 196 & B. 4 ft. of Lot 197, Block; 9, Allapattah School P.B. 5/99 01-3122-035-1370 Molly & Bernard Zaminsky 48 x 111 $7,200 t+ .tit r .;.r. +�.i•;}�.::�q�� � ._ I r. � Fy lil �� t '' 1�,� r' `t ;� •' ._� �•+ ,. f i' � •��,}"j, r :�� t '��,�. t r - 1. .r 'ti' �',. ni.; ♦�i "�y �r .'!!.' �;. � r. Yk dj r�,•. i ,T• •1 �' n! � 4. f' t'�+ L' t ✓'t * ti � ' !•L, � •Y i � r 'II, . k., 1 s7�\t''t�\. •t !s' ,1r.�,a3r r`t •t s.� T�?�` 5ta''.t �r1^+ �k t' Ya �,6,'��- , a ��.'�t .11 y 'L � � r' �' } � ?a/'4 ' 7. fit• t ♦ ■ ��..•� :r .'�, •e J. � t�. ' t ''`:,.'1 A�L� tY J,�., ' A U � � {' ,- ';1. � •. ��t- - y I -! N ,S, �� 1 ♦ '�� �'. r�'rG?. t �'� FM l �'a•. r S. r At;. ' ? •' I �'x•s. 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"'•_ . .._-. ... .� :. .1.d}lri.e P�.., 'mac` ..,i'i li .I 1•� .y ... 4 ■ w�1 a It. Or LI IT jllilA7j, ,�,� • `� �• .. t i. •r i 1h .? s•?ildE •. fi. {�' f .4i+{ •t.tip' yaYf? ��'; ,% it � # 1 1 �,w�'Wt� 1 r.�,�r �,���;}r �` xi �'^ y. ���J1r t . P f T a,' "•' it u � , ` s i xI t � Al ` .. } ,ab``" �.�'t � i �, 14. sue'. m•' ��a .. !�"�+ r • � Rt � J ie.• r '�i � ` t ' ` �4...�IiM�,bY1•�1 .! ,,.� • }�, 1 N.W. 71 W w �a � N Z S =0 CC.-1 � Qn OC_� `—� l� [ �C (oc��'�j �-�r E C N.W. 62 ST. lr a U EXHIBIT "b" AGREEMENT OP PURCHASE AND SALE THIS AGREEMENT entered into this day of _.► 1991, by and between THE CITY Off` MIAt4I D de County, Flo Via► a Municipal Corporation of the State of Florida, hereinafter referred to as "CITY," and JUNE M. DAMSON, residing/located at 10 West 65th Street, New York, New York 10023, 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 1612 Northwest 60th Street, *got: 12 & 13, Block: 13, orange Heights, Plat Book: 14/628, Folio Number 01- 3114-025-2370, and WHEREAS, the CITY desires to purchase said property located at 1612 Northwest 60th Street (Parcel No. 02-54) for use in conjunction with the affordable housing program in the City of Miami. NOW, THEREFORE, in consideration of the sum of One Hundred Dollars ($100), and other good and valuable consideration, it is hereby covenanted and agreed between the parties as follows: 1. In consideration of the CITY paying the SELLER the sum of Ten Thousand Five Hundred Dollars ($10,500), 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 check 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 1991 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 to the CITY have been accepted by the CITY. In the event that such loss or damage occurs, there shall bean I djustment 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 exscution 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, testst" moundings. and appraisals. It V 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 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 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 May 31, 1991, 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. The $100 deposit delivered to the SELLER at the time of execution of this Agreement shall act as a deposit on this transaction and, upon closing, shall be credited against the purchase price to be paid at time of closing. 14. 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. 15. Documentary Stamps and surtax on the deed and the cost of recording any corrective instruments shall be paid by SELLER. 16, SELLER warrants that he has not employed a real estate broker or agent in connection with the transaction contemplated herein. } t Dates! the date first written above. ES, SELLER: June M. Davison WITNESS s AS to an indiv dual As to an individual BY ATTEST: CITY OF MIAMI, a Municipal Corporation of the State of Florida BY MATTY HIRAI City Clerk APPROVED AS TO FROM AND CORRECTNESS: JORGE L. FERNANDEZ City Attorney 777n` CESAR H. ODIO City Manager Ll EXHIBIT "E" ELI AGREEMENT OF PURCHASE AND SALE THIS AGREEMENT entered into this day of , 1991, by and between THE CITY OF MIAMiD de County, Florida, a Municipal Corporation of the State of Florida, hereinafter referred to as "CITY," and MOLLY and BERNARD ZAMINSXY, residing/located at 99 22nd Avenue, San Francisco, California 94121, 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 1395 Northwest 59th Street, Lot: 6, Orchard Villa Manor, Plat Book: 41/62, Folio Number 01-3114-044- 0050, and WHEREAS, the CITY desires to purchase said property located at 1395 Northwest 59th Street (Parcel No. 02-55) for use in conjunction with the affordable housing program in the City of Miami. NOW, THEREFORE, in consideration of the sum of One Hundred Dollars ($100), and other good and valuable consideration, it is hereby covenanted and agreed between the parties as follows: 1. In consideration of the CITY paying the SELLER the sum of Eight Thousand Eight Hundred Dollars ($8,800), 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 check 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 1991 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 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. `)'. 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. 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 May 31, 1991, 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. The $100 deposit delivered to the SELLER at the time of execution of this Agreement shall act as a deposit on this transaction and, upon closing, shall be credited against the purchase price to be paid at time of closing. 14. 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. 15. Documentary Stamps and surtax on the deed and the cost of recording any corrective instruments shall be paid by SELLER. 16. SELLER warrants that he has not employed a real estate broker or agent in connection with the transaction contemplated herein. fr. WtTNESSBS: SELLBR: Molly & Bernard Zaminsky BY As tc� an individual 9 BY As to an individual ATTEST: - CITY OF MIAMI, a Municipal Corporation of the State of Florida _ BY MATTY HIRAI CESAR H. ODIO City Clerk City Manager im APPROVED AS TO FROM AND CORRECTNESS: JORGE L. FERNANDEZ City Attorney s, Aw x EXHIBIT "P11 AGREEMENT OF PURCHASE AND SALE THIS AGREEMENT entered into this day of I , 1991, by and between THE CITY OF MIANI, Dade County, Florida* a Municipal Corporation of the State of Florida, hereinafter referred to as "CITY," and MOLLY and BERNARD ZAMIMSKY, residing/located at 99 22nd Avenue, San Francisco, California 94121, 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 1074 Northwest 61st Street, Lot! 8, Block: 9, Hildamere Resub., Plat Book: 42/24, Folio Number 01- 3114-013-0080, and WHEREAS, the CITY desires to purchase said property located at 1074 Northwest 61st Street (Parcel No. 02-56) for use in conjunction with the affordable housing program in the City of Miami. NOW, THEREFORE, in consideration of the sum of One Hundred Dollars ($100), and other good and valuable consideration, it is hereby covenanted and agreed between the parties as follows: 1. In consideration of the CITY paying the SELLER the sum of Eight Thousand Five Hundred Dollars ($8,500), 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 check 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 1991 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 to the CITY have been accepted by the CITY. In the event that such loss or damage occurs, there shall bean 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, taste, soundings, and appraisals. , 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 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 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 May 31, 1991, 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. The $100 deposit delivered to the SELLER at the time of execution of this Agreement shall act as a deposit on this transaction and, upon closing, shall be credited against the purchase price to be paid at time of closing. 14. 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. 15. Documentary Stamps and surtax on the deed and the cost of recording any corrective instruments shall be paid by n "v r - - he has not employed a real estate connection with the transaction Dated the date first written above. WITNESSES: AS to 9;r individual AS to an individual ATTEST: MATTY HIRAI City Clerk APPROVED AS TO FROM AND CORRECTNESS JORGE L.-FERNANDEZ City Attorney SELLER: Molly & Bernard Zaminsky BY BY CITY OF MIAMI, a Municipal Corporation of the State of Florida BY CESAR H. ODIO City Manager a� t MA_ - E > EXHIBIT "G" AGREEMENT OF PURCHASE AND SALE THIS AGREEMENT entered into this day of , 1991, by and between THE CITY OF MIAMI, Dade County, Florida, a Municipal Corporation of the State of Florida, hereinafter referred to as "CITY," and MOLLY and BERNARD ZAMINSKY, residing/located at 99 22nd Avenue, San Francisco, California 94121, 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 1853 Northwest 44th Street, Lot: 196 & E. 4 Ft. of Lot 197, Block: 9, Allapattah School, Plat Book: 5/99, Folio Number 01-3122-035-1370, and WHEREAS, the CITY desires to purchase said property located at 1853 Northwest 44th Street (Parcel No. 02-57) for use in conjunction with the affordable housing program in the City of Miami. NOW, THEREFORE, in consideration of the sum of One Hundred Dollars ($100), and other good and valuable consideration, it is hereby covenanted and agreed between the parties as follows: 1. In consideration of the CITY paying the SELLER the sum of Seven Thousand Two Hundred Dollars ($7,200), 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 check 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 1991 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 pi 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. b. 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 two enter upon the _ premises to be conveyed for making studies, surveys, =' tests, soundings, and appraisals. 110 i. 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 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 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 e on or before May 31, 1991, 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. The $100 deposit delivered to the SELLER at the time of execution of this Agreement shall act as a deposit on this transaction and, upon closing, shall be credited against the purchase price to be paid at time of -- closing. -= 14. 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. 15. Documentary Stamps and surtax on the deed and the cost of recording any corrective instruments shall be paid by SELLER. s, 16. SELLER warrants that he has not employed a real estate broker or agent in connection with the transaction �' contemplated herein. WY NESSBS; 5ELLERt Molly & Bernard Zaminaky BY As to an individual BY As to an Inaividual ATTEST: CITY OF MIAMI, a Municipal Corporation of the State of Florida BY MATTY. HIRAI CESAR H. ODIO City Clerk City Manager APPROVED AS TO FROM AND CORRECTNESS: JORGE L. FERNANDEZ City Attorney 4 EXHIBIT "H" AGREEMENT OF PURCHASE AND SALE THIS AGREEMENT entered into this day of , 1991, by and between THE CITY OF MIAMI, Dade County, Florida+ a Municipal Corp6ration of the State of Florida, hereinafter referred to as "CITY," and MOLLY and BERNARD 2AMINSKY, residing/located at 99 22nd Avenue, San Francisco, California 94121, hereinafter referred to as "SELLER." W 1 T N E S S E T H: WHEREAS, the SELLER is owner of the land (real property) more fully described as 821 Northwest 50th Street, Lot: 27, Block: 5, Bowling Green, Plat Book: 5/101, Folio Number 01-3123- 006-0880, and WHEREAS, the CITY desires to purchase said property located at 821 Northwest 50th Street (Parcel No. 02-58) for use in conjunction with the affordable housing program in the City of Miami. NOW, THEREFORE, in consideration of the sum of One Hundred Dollars ($100), and other good and valuable consideration, it is hereby covenanted and agreed between the parties as follows: 1. In consideration of the CITY paying the SELLER the sum of Eight Thousand Dollars ($8,000), 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 check 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 1991 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 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, testa, soundings, and appraisals. z FA 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 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 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 May 31, 1991, 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. The $100 deposit delivered to the SELLER at the time of execution of this Agreement shall act as a deposit on this transaction and, upon closing, shall be credited against the purchase price to be paid at time of closing. 14. 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. 15. Documentary Stamps and surtax on the deed and the cost of recording any corrective instruments shall be paid by SELLER. 16. SELLER warrants that broker or agent in contemplated herein. he has not employed a real estate connection with the transaction �Y ,g ' Dated the date first written above. ITIESSES: SEDER: Molly & Bernard Zaminsky, BY - As to an individual BY As to an individual =_ ATTEST: CITY OF MIAMI? a Municipal Corporation of the State of Florida BY MATTY HIRAI CESAR H. ODIO City Clerk City Manager APPROVED AS TO FROM AND CORRECTNESS: JORGE'L. FERNANDEZ City Attorney CITY OP MIAMI, FLOAIDA An C 1. • INTER -OFFICE 14EMORANDUM to: Honorable Mayor and Members* of the City Commission FROM : Cesar H. Odio City Manager NNCONDATION: DATE : J AN 2 J 991 FILE : SUBJECT: Resolution. Authorizing Acquisition of Five (5) Parcels of Vacant Land in Model City REFERENCES: City Commission Agenda Item/February 14, 1991 ENCLOSURES: It is respectfully recommended that the City Commission adopt the attached resolution authorizing the acquisition of five (5) vacant parcels of - real property located in the Model City Community Development Target Area, for the purpose of developing affordable housing units in the Model City neighborhood. Based on a negotiated purchase. settlement with each of the respective property owners, purchase offers in the total amount of $43,000 have been accepted by the property owners for acquisition of the said five parcels. BACKGROUND: The Department of Development and Housing Conservation recommends ratification of the attached resolution authorizing the acquisition of five (5) vacant parcels of real property located in the _Model City neighborhood, in connection with the development of affordable housing units in the Model City neighborhood. Based on a negotiated purchase settlement with each of the respective property owners, purchase offers in the total amount of $43,000 have been.accepted by the property owners for acquisition of the said five parcels. In June of 1984, the City Commission adopted Resolution No. 84- 642, which in, part, authorized the allocation and expenditure of loth Year Community Development Block Grant Program funds in the amount of $500,000 in the Little Havana 'neighborhood and an equal amount in `the Model City neighborhood, for the purpose of acquiring potential housing sites in connection with the development of housing affordable to low and moderate income families. As a result, the Model City/Little Havana Demonstration.,*. Program,. was established for the purpose of identifying suitable development sites for acquisition for the aforementioned purpose. Uader,'t,he Model City/Little Havana Demonstration Program, ongoing site acquisition activities are being undertaken' by the City in the: 'Little Havana neighborhood in the geographical area bounded by Southwest llth Street to the Miami River, and I-95 to Southwest _ 8th Street. In the Model City neighborhood,* acquisition activities are also underway in the target area bounded by Northwest 58th Street to Northwest 62nd Street, between Northwest 12th Avenue to Northwest 17th Avenue. CAI I :1 *n , i •-0 5 }Zw f H t { t ., tfF $ „{}'y'J-•4eu¢. Resolution Authorizing Acquisition of Five S) parcels of Vacant Land in Model City gags i 2 L i Prom the outsetp the City's main focus has been on the acquisition of slum, blighted and vacant properties in each of the two target areas where the expenditure of these funds would have a maximum Impact in reversing disinvestment and deterioration while, at the same time, increasing housing resources for low and moderate income families and individuals.. in the Model City and Little ..Havana neighborhoods. To date, under the -Model City/Little HavanaDemonstration Program; the City has -acquired the following properties: e LITTLE HAVANA PARCEL NUMBER ADDRESS LOT SIZE 11-13-03 436 Southwest 2nd Street 50 x 150 11-13-04 444 Southwest 2nd Street 50 x 150 j 11-13-05 452 Southwest 2nd Street 50 x 150 11-13-06 462 Southwest 2nd Street 50 x 72 11-13-01 421 Southwest 3rd Street 50 x 100 MODEL CITY PARCEL NUMBER ADDRESS LOT SIZE 05-61-04 1545 Northwest 60th Street 50 x 106. 05-61-05 1535 Northwest 60th Street 50 x 106 06-61-06 1540 Northwest 61st Street 50 x 106 22-01 1275 Northwest 58th Street 50 x 106 ' 22-06 1305 Northwest 61st Street 35 x 106 22-08 1621 Northwest 58th Street 50 x 106 22-09 1611 Northwest-58th Street 50 x 106 22-10 1601 Northwest 58th Street 50 x 106 22-11 1336 Northwest 60th Street 50 x 106 1 Presently, Tenth Year Community Development Block Grant land 1 acquisition funds which exist as an available balance previously authorized by the City Commission are available to defray the cost of said acquisitions in the total amount of $43.,0001, from Project entitled "Model City/Little Havana Demonstration Program," Project ■ Number 321025, Index 1 Code 599101. i � Nt4x An s i Resolution Authoriziri Ac uisition Of - rive (5) parcels of Vacant Land in Model City Page 3 =- it is anticipated that the publicly -owned parcels acquired under the Model City/Little Havana Demonstration Program will be developed under the City's.Scattered Site Affordable Homeownership Development Program, or made available to a not -for -profit housing corporation for the development of affordable housing units in Model City and Little Havana Community Development Target Areas. in view of the need to provide affordable housing opportunities to LE low and moderate income families in the Little Havana and Model City neighborhoods, City Commission ratification of the attached resolut-ion is recommended.