HomeMy WebLinkAboutR-91-0111V. ,yT17
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J-91-101
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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
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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
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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,
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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
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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
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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.