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HomeMy WebLinkAboutR-91-0125J ►91-115 �/14/91 RESOLUTION NO. 91 12 5 A RESOLUTION, WITH ATTACHMENT(S)I RESCINDING RESOLUTION NO. 89-779, ADOPTED SEPTEMBER 141 1989, AND FURTHER AUTHORIZING THE CITY MANAGER TO MAKE AN OFFER TO PURCHASE PROPERTY LOCATED AT 801 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, "AS IS", FROM WILLIAM SAWYER ("OWNER") FOR THE TOTAL PURCHASE PRICE OF $120,450, WITH FUNDS FOR THE ACQUISITION OF SAID PROPERTY HAVING BEEN APPROPRIATED IN PROJECT NO. 322057, ENTITLED "SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT"; FURTHER AUTHORIZING THE CITY ATTORNEY TO TAKE WHATEVER STEPS ARE NECESSARY TO CLOSE THE TRANSACTION WITH THE OWNER AS EARLY AS PRACTICABLE. WHEREAS, the Development Division of the Department of Development and Housing Conservation has initiated Phase II of the Southeast Overtown/Park West Redevelopment Project with the acquisition of land within the Overtown Historic Village; and WHEREAS, the property owned by William Sawyer, located at 801 Northwest 2nd Avenue, Miami, Historic Village area; and Florida, is within the Overtown WHEREAS, Resolution Not 89-779, adopted September 14, 1989, authorized the City Manager to execute an Agreement of Purchase and Sale for said property at a purchase price of $120,450; and WHEREAS, a preliminary environmental site contamination r. assessment was performed on subject property; and+ A. WHEREAS, based on the limited soil and groundwater test program undertaken, soil and groundwater contamination was indicated in the samples collected and tested; and r WHEREAS, the executed Agreement between the City of Miami and William Sawyer, dated October 6, 1989, stipulated that the owner .is responsible for corrective actions necessary to_ remove or. -eliminate hazardous material on the property or the Agreement may becbme voidable; and WHEREAS, the owner has indicated he is unable to take the necessary corrective action to remove or eliminate said hazardous material; and ATTACHMENTS CONTAINED 7 ff WHIMS# the..oval of slumand blight on said property is e66erit-161 to the enhancement of Phase I and Phase IT developments Withift tAe Southeast OVertOwn/Park West Redevelopment Project area and the quality of life for the residents of Overtown; and WHEREAS, the City may qualify for the Abandon Storage flank Restoration Program which would reimburse the City for any funds spent to rectify the hazardous conditions; and WHEREASt the deadline for applying for such Program is March 31, 1991; INOW, 'THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Resolution No. 89-779, adopted September 14, 1989, is hereby rescinded. Section 2. The City Manager is hereby authorized to make an offer of $120,450 to William Sawyer to purchase property s - located at 801 Northwest 2nd Avenue, Miami, Florida, "as is", g with the understanding that the City is not waiving the responsibility of previous owners. Section 3. Funds for the acquisition of said property have been appropriated in Capital 9roject No. 322057, entitled ,g "Southeast Overtown/Park West Phase II". Section 4. The City Attorney is hereby authorized to take whatever steps necessary to close the transaction with the owner as early as practicable. Section 5. This Resolution shall become effective - immediately upon its adoption. 9. = Yi It - da PASSED AND ADOPTED this 14th Y of 1991. � � , 4. XAVIER L. UAREE, IMYOR = _ A= t, HIRA.i kk` z - i CITY CLERK ' f - . J X. MR, t — $ SMAMMA CAPITAL IROVUBNTS y� 1MPA D AND APPROVED BY r i — LINDA KELLY KE ON — ASSISTANT CITY ATTORNEY APPROVED AS TO FORK AND CORRECTNESS: JO B L. F RNANDEB CI ATTO BY — LKK: tgb s M204'f A r 5.; i T I q �x J � � �Y Pa .,•�tsL +� 1 Y ilT Y � S F '�' 4_.F'3�11A STI��Y'tJ.� �4�,�. 3aa e Kid.+ ( t3 � N :TM?.ti. •a.,, — �� •'' e_ ,}%sY. Y..�...�� �.� v: � �� t y h {� n THIS AGREEMENT entered into this day of 1991 by and between THE CITY CP MIAMI, bade County, F oMa'a,: Municipal Corporation, hereinafter referred to as CITY", and William R Saityer; Jr. whose property is currently located at In NW_2nd_Avenue hereinafter referred to as "SELLER". W I T N E S S E T Ns WHEREAS, the SELLER is owner of that real property more fully described on Exhibit "A" attached hereto and made a part hereof, and WHEREAS, the CITY desires to purchase said property for use, in conjunction with the Southeast Overtown/Park Went Redevelopment Plan, and the Overtown Historic Folklife Vkllage. NOW, THEREFORE, it is hereby covenanted and agreed between the parties as follows:• 1. in consideration of the CITY paying the SELLER the :sum of One Hundred twenty thousand foor hundres fifty dollars (120,450) the SELLER shall by General Warranty Deed convey to the CITY good marketable and insurable title free of liens and encumbrances to that certain real property, together with the improvements,` hereditaments and appurtenances which are legally described on Exhibit A attached hereto, and made a part hereof. 2. The CITY shall pay the SELLER the sum set, forth in - Paragraph (1) hereof, minus any sums to be held or given to others pursuant to the terms of this Agreement, by CITY Warrant at the closing within sixty (60) days from the date of the execution of this Agreement by the CITY and SELLER. The CITY will sign the . agreement within ten (10) daysof the City Commission approval of this contract. 3. All past -due real estate taxes shall be paid` by the: ` SELLER. All taxes, and -assessments -of record far . th+a year 1990, shall be prorated as of the date of closing and shall be paid or satisfied by the SELLER prior to closing. x, 4. All certified -liens, encumbrances and charges of record 5'. against the real property and all pending liens against the real property shall be 'paid or satisfied ;Y the ` SELLER prior to closing. 5. The SELLER agrees that . in the event that 'such lose damage occurs# there;. shall, be an- g ad just*6ht'f thy` purchase. price,,, which adjustment shall be' determined'';i' the Cit yl- and the Seller in a reeiment 3� L ac}a.i PAGE I OF 7 � Uzi ; ., .: > _ ,: ;,a. r.,.f _... ..., ,t .x t _ _ _ _ & �.a:#v.:i'.;k• Er PARCEL Ito . 24 6-. Title to the property shall be delivered to the CITY on —_ the plate of closing. Beginning on the date of closing, the CITY shall have the right to commence collection of rent from any party(s) occupying the subject property. However., from* and after the execution of this instrument, the CITY its agents, and its contractors shall have the right to enter upon the premises to be conveyed for making studies, surveys, tests, soundings,. and appraisals. 7. If the abstract of title to be obtained by the CITY does not meet the requirements set forth in Paragraph 1 and if defects in the title cannot be cured by ordinary means, then the SELLER agrees to cooperate with and assist the CITY and Dade County to acquire title to said land by condemnation or other judicial proceedings. The SELLER agrees that he is not entitled to any fees or costs in connection with the foregoing. .8. If the SELLER is a corporation, partnership or trust, SELLER hereby agrees to comply with Section 286.23 Florida Statutes by making a written Public Disclosure, under oath, of the names and addresses of every person(s) having beneficial interests in the Real Property being , conveyed to the CITY, unless specifically exempt by provisions of said Statute. 9. If SELLER is entitled to receive any additional payments under the Uniform Relocation Payment Act, it is understood that this Agreement does not prohibit the SELLER from exercising his rights thereunder. 10. This Agreement shall be binding upon the heirs, executors, administrators and assigns of the parties. r 11. This Agreement shall be governed according to the laws ' .oftheState of Florida. 12.' The SELLER understands that this offer is subject to - the approval of the City Commission of the City of Miami, Florida.] 13. THe City of Miami will purchase the' property "as is"° with the understandingthat the res ponsibii.ty of the , sd Seller is not removed by the City's action. 14, This instrument and its attachments constitute the -sole 4a= and only Agreement of the pantie$ ' #ereto relating to said services and correctly sets forth the rights,, sy duties, and obligations of each to the other as of Nits'` date. Any prior agreements, promises, negotiations, or - representations. not expressly set forth in this Agreement are of no force or effect.{ 3 , PAGE 2 OF 3 u ap y.di h_ • 7_ t _ qA 1 S j CITY or MIAMI SOUTHEAST RTOWN/PARK WEST = REDEVELOPMENT PROJECT STA=lm or,- JUST _ CONP�:NSATION 1. PROPERTY DESCRIPTION: The South 5 feet of Lot 37 and Lot 44 and 45 less the West 7.5 feet thereof P.W. White ReSub of Block 36N a subdivision ,r according to the Plat thereof, as recorded in Plat Book B. at Page 34, of the Public Records of Dade County, Florida. MEN 2. OWNERS OF RECORDSt William Sawyer - 3. FEE SIMPLEt $120,450 4. BASIS OF JUST COMPENSATION: The City's offer represents the full amount of Just Compensation for the property and all interests therein to be acquired. This offer is based on the Fair Market Value of the subject property and is not less than appraisal made by a competent professional appraiser. The subject property has _ been inspected by City and by the independent ap praiser. FAIR MARKET VALUE IS DEFINED AS: The price estimated in terms of money, which a property would bring if exposed for a sale in the market with a reasonable time allowed in which to z -- find a purchaser buying with the knowledge of all the uses_ and purposes to which it is adopted and of which it is capable. ;. Any decrease or increase in the Fair Market Value of real property to the date of valuation caused by the public improvement for which such property is acquired, or by the ■ s 4 tz. likelihood that the property would be acquired for such,rt improvement, other than that due to physical deterioration within the reasonable control of the owner. has'.,been� disregarded in determining the compensation for the property by the City and its appraiser. The City of Miami Is appraisal and determination of a'Y�G4 jiiGt.— compensation do not reflect any consideration of, +orn ; allowance for, an relocation assistance and Y ppaayn�nte� .whin the occupants, the owner or tenants, are entitled to red ve: under Tide Il of the Uniform Relocation Assistance and l ti , Property Acquisition Policies Act. of 1970. v _ 4 y'51 1 The following items are specifically cc ded in the �r aforementioned approved appraisal and the considorgt an the listed item is included in the just Cc�a��►n the ettacbed list) . N t r Ta F ia s t I PARM NO. 26- 4 SO wrN r..yVA•.UM0141 °. -Ve 161'lowing `tapresei t,s a gunman of the City`' a offer to a» the bagi.a thereof. REAL RSTATRs _ LAND and • IMPROMENTS $120, 450 `> TOTAL JUST COMPENSATION $120,450 AE d� if , v t _ t { a '� w y1xi t . r� k 3 I 1'Y h _ +if f � : }. 7E•74p IM .i L1. R�rr r •,�iE��hi.'S i-��h .� •.. a.. i'ir w._. #N, .? .,�. — . r...£ r, .' .. _,, a �.a .. T ,. — , - . t s — � ... � et_-2 r2 ?x'.�fhva�,wm'�.� _ _ CITY OF MIAMI, FLOAIDA, - -I q-OFFICE MEMORANDUM to: It6finrable Mayor and ors DATE: of th City Commission JAN 2•9 1991 8U8JECT : offer to Purchase Property at 801 N.W. 2nd Avenue. City H. Olio REFt"P cEsCommission, oaiss drop Meetin4 y N- g date f ruary 14, 1991 ENC o MES . 2t is respectfully recommended that the City Commission adopt the attached Resolution rescinding Resolution No. 89-779 'and further authorizing the City Manager to wake ,an offer of $120,450.06'to William Sawyer for property located at 801 N.W. 2nd Avenue. — i The Development Division of the Department of Development and Housing Conservation has initiated Phase II of the Southeast Overtown Park West Redevelopment gment with the acquisition- of _..land within the Overtown Historic Village. The property located at 801 N.W. 2nd Avenue and owned by William Sawyer is located within the Historic Overtown Folklife Village. _( The City Commission, through Resolution No. 89-779 authorized the City to execute an Agreement of Purchase and Sale for the said property at a purchase price of $1200,450.00. + A prelimina ry ry environmental analysis was ordered in accordance ,. with the Agreement. The report stated that based on the limited soil and groundwater test program undertaken, soil and groundwater contamination was indicated in the samplers collected tY and tested. tx Currently, there is an auto repair business , using the site, the s use does conform with City zoning regulations, and is potentially contributing to the existing problem. The use and a' conditions of the said problem is deteriorating the level of -� investment made by the City of Miami and Phase I developers. rid The executed Agreement between the City of Miami and William Sawyer dated October 6, 1989, stipulated the owner is responsible ' ponsible for corrective actions necessary to remove or eliminate hazardous 1 .'. material on the property or the Agreement may become voidable. `{ The owner has indicated he is unable to take the necessary r_ corrective actions to remove or eliminate said hazardous j conditions. 11 t Vi it r Y w t k Honorable Mayor and Members of the City Commission page two Additionally# Article 11, Section C paragraph (III) of the Indian River Investment Lease Agreement states that if the City does not remove the blighting influence of substandard properties on the frontage of Block 36N and Northwest N.W. 2nd Avenue within eighteen (18) months after Developer takes possession of - the leased property, the City shall void the Performance Bonds and reconvey the second mortgage provided by Developer to secure the bonds. While the developer has not reused said bonds and second mortgage the City is not in compliance with the executed lease. and Development Agreement. The State of Florida has an Abandon Storage Tank Restoration Program, in which the City may qualify to be reimburse for funds ro spent on the contamination assessment and remediation plan and implementation program. The deadline for applying for this v program is March 31, 1991. The City could never remove the obligation/responsibility of the current owner as it relates to the hazardous conditions of the abovementioned property. Additionally, action could be taken to recoup any and/or all funds the City may have incurred to remove -� the hazardous conditons which now exist. ��91=115 2/14/91 RESOLUTION No, 9 1" 12 5 A RESOLUTION, WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. 89Y-779, ADOPTED SEPTEMBER 14, 1989, AND FURTHER AUTHORIZING THE CITY MANAGER TO MAKE AN OFFER TO PURCHASE PROPERTY LOCATED AT 801 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, "AS IS", FROM WILLIAM SAWYER ("OWNER") FOR THE TOTAL PURCHASE PRICE OF $120,450, WITH FUNDS FOR THE ACQUISITION OF SAID PROPERTY HAVING BEEN APPROPRIATED IN PROJECT NO. 322057, ENTITLED "SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT"; FURTHER AUTHORIZING THE CITY ATTORNEY TO TAKE _ WHATEVER STEPS ARE NECESSARY TO CLOSE THE TRANSACTION WITH THE OWNER AS EARLY AS PRACTICABLE. WHEREAS, the Development Division of the Department of Development and Housing Conservation has initiated Phase II of - the Southeast Overtown/Park West Redevelopment Project with the acquisition of land within the Overtown Historic Village; and WHEREAS, the property owned by William Sawyer, located at 801 Northwest 2nd Avenue, Miami, Florida, is within the Overtown Historic Village area; and WHEREAS, Resolution No. 89-779, adopted September 14, 1989, authorized the City Manager to execute an Agreement of Purchase and Sale for said property at a purchase price of $120,450; and WHEREAS, a preliminary environmental site contamination assessment was performed on subject property; and WHEREAS, based on the limited soil and groundwater test program undertaken, soil and groundwater contamination was indicated in the samples collected and tested; and WHEREAS, the executed Agreement between the City of Miami and William Sawyer, dated October 6, 1989, stipulated that the owner is responsible for corrective actions necessary to remove or eliminate hazardous material on the property or the Agreement may become voidabl-e; and WHERL',AS, the o4.n-cr has i.ndicatc-�is urj« 1 hr- hl.c� t(.1, t:Gka.-� the IIC'COSst9F}, t]act:.ion tr) ?'Y"IIl )"'r Or C'I 1111 1,(" c,aid fl:iGarCI, -,iS iiiatei-ial; rind WHEREAS, the removal of slum and blight on said property is essential to the enhancement of Phase I and Phase II developments within the Southeast Overtown/Park West Redevelopment Project area and the quality of life for the residents of Overtown; and WHEREAS, the City may qualify for the Abandon Storage Tank Restoration Program which would reimburse the City for any funds spent to rectify the hazardous conditions; and WHEREAS, the deadline for applying for such Program is March 31, 1991; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Resolution No. 89-779, adopted September 14, 1989, is hereby rescinded. Section 2. The City Manager is hereby authorized to make an offer of $120,450 to William Sawyer to purchase property located at 801 Northwest 2nd Avenue, Miami, Florida, "as is", with the understanding that the City is not waiving the responsibility of previous owners. Section 3. Funds for the acquisition of said property have been appropriated in Capital Project No. 322057, entitled "Southeast Overtown/Park West Phase II". Section 4. The City Attorney is hereby authorized to take whatever steps necessary to close the transaction with the owner as early as practicable. Section 5. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 14th day of Febrijig-ry , 1991. XAVIER L. UAREZ, YOR C f lf'Y CL,ERf' am- Is CAPITAL IMPROVEMENT PROJECT REVIEWt EDUARQQ RWIGUEZ, MANAGER CAPITAL IMPROVEMENTS PREPARED AND APPROVED BY: LINDA KELLY KEARSON ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: J40 E L.0F*RNANDEZ y ci Y A4TTEY Oj& LKK:gb:M2047 - 3 - 91--- 1-25 ■ s THIS AGREEMENT entered into this day of ,. 1991 by and between THE CITY OF MIAMI, Dade County, Florida a Municipal Corporation, hereinafter referred to as "CITY", and William B Sawyer, Jr. whose property is currently located at JU NW 2nd Avenue hereinafter referred to as "SELLER". W I T N E S S E T H: .WHEREAS, the SELLER is owner of that real property more fully described on Exhibit "A" attached hereto and made a part hereof, and WHEREAS, the CITY desires to purchase, said property for use in conjunction with the Southeast Overtown/Park West Redevelopment Plan, and the Overtown Historic Folklife Village, NOW, THEREFORE, it is hereby covenanted and agreed between the parties as follows:• 1. In consideration of the CITY paying the SELLER the sum of One hundred twenty thousand foor hundres fifty dollars (120,450) the SELLER shall by General Warranty Deed convey to the CITY good marketable and insurable title free of liens and encumbrances to that certain real property, together with the improvements, hereditaments and appurtenances which are legally described on Exhibit A attached hereto, and made a part hereof. _ 2. The CITY shall pay the SELLER the sum set forth in Paragraph (1) hereof, minus any sums to be held or given to others pursuant to the terms of this Agreement, by CITY Warrant at the closing within sixty (60) days from the date of the execution of this Agreement by the CITY and SELLER. The CITY will sign the agreement within ten (10) days of the City Commission approval of this contract. 3. All past due real estate taxes shall be paid by the SELLER. All taxes and assessments of record for the year 1990, 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 in the event that such loss or damage occurs, there shall be an adjustment of the purchase price, which adjustment shall be determined by the City'and the Seller in agreement. PAGE 1 OF 3 PARCEL No. 26-4 6. Title to the property shall be delivered to the CITY on the date of closing. Beginning on the date of closing, the CITY shall have the right to commence collection of rent from any party(s) occupying the subject property. However, from' and after the execution of this instrument, the CITY its agents, and its contractors shall have the right to enter upon the premises to be conveyed for making studies, surveys, tests, soundings, and appraisals. 7. If the abstract of title to be obtained by the CITY does not meet the requirements set forth in Paragraph 1 and if defects in the title cannot be cured by ordinary means, then the SELLER agrees to cooperate with and assist the CITY and Dade County to acquire title to said land by condemnation or other judicial proceedings. The SELLER agrees that he is not entitled to any fees or costs in connection with the foregoing. 8. If the SELLER is a corporation, partnership or trust, SELLER hereby agrees to comply with Section 286.23 Florida Statutes by making a written Public Disclosure, under oath, of the names and addresses of every person(s) having beneficial interests in the Real Property being conveyed to the CITY, unless specifically exempt by provisions of said Statute. 9. If SELLER is entitled to receive any additional payments under the Uniform Relocation Payment Act, it is understood that this Agreement does not prohibit the SELLER from exercising his rights thereunder. 10. This Agreement shall be binding upon the heirs, executors, administrators and assigns of the parties. 11. This Agreement shall be governed according to the laws of the State of Florida. 12. The SELLER understands that this offer is subject to the approval of the City Commission of the City of •- Miami, Florida. 13. THe City of Miami will purchase the property "as is" with the understanding that the responsibilty of the Seller is not removed by the City's action. 14, This instrument and its attachments constitute the sole and only Agreement of the parties hereto relating to said services and correctly sets forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. PAGE 2 OF 3 PARCEL No. 26-4 i; 15. No amendments to this Agreement shall be binding on = either party unless in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized, this the day and year first above written. SELLER: Witnesses: (two required) By As to an individual ATTEST: MATTY HIRAI CITY CLERK CITY OF MIAMI, a Municipal Corporation of the State of Florida By CESAR H. ODIO CITY MANAGER APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY r 0 PARCEL NO. 2.6-4 EXHIBIT A CITY OF MIAMI EMM SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT _E_N-S I__ -N - 1. FR_QPERTY DESCRIPTION: The South 5 feet of Lot 37 and Lot 44 and 45 Less the West 7.5 feet thereof P.W. White ReSub of Plock 36N a subdivi-sion according to the Plat thereof., as recorded in Plat Book B, at-, Page 34, of the Public Records of Dade County, Florida. 2. OWNERS OF RECORDS: William Sawyer 3. FEE SIMPLE: $120,450 4. BASIS OF JUST COMPENSATION: The City's offer represents the full amount of Just Compensation for the property and all interests therein to be acquired. This offer is based on the Fair Market Value of the subject property and is not less than appraisal made by a competent professional appraiser. The subject property has been inspected by the City and by the independent appraiser. FAIR MARKET VALUE IS DEFINED AS: The price estimated in -_= terms of money, which a property would bring if exposed f.oi = sale in the market with a reasonable time allo�ti��:l in 4•rhic is find a purchaser buying with the knowledge of: all the us rand pL1rpOSF?S t0 W�?1C?l J_t: 16 adc —d an f F:)-1_i !1 Capable. T`.T1}' (If C'I" 'a-Q oI 11lc:1 f 1 s Il t-hF' - y N All,I VI, �j, . - T P.) ( N " u re prf TO'J'A