HomeMy WebLinkAboutR-91-0131i
J-91-88
RESOLUTION NO.
A RESOLUTION, WITH AN ATTACHMENT, AUTHORIZING
=
THE CITY MANAGER TO EXECUTE AN AGREEMENT OF
PURCHASE AND SALE FOR THE PRICE AS STATED
HEREIN BETWEEN THE UNITED STATES OF AMERICA -�
("PURCHASER") AND THE CITY OF MIAMI
—
("SELLER"), FOR THE SALE OF PROPERTIES (MORE
PARTICULARLY DESCRIBED HEREIN) BY THE CITY OF
-'
MIAMI FOR THE TOTAL PURCHASE PRICE BY THE
_
UNITED STATES OF A14ERICA OF $963,019.71;
FUNDS FROM THE SALE OF SAID PROPERTY TO BE -
-
APPROPRIATED UPON RECEIPT IN CAPITAL PROJECT
NO. 311014 ENTITLED "FEDERAL LAW ENFORCEMENT
_
BUILDING" FOR THE PURPOSE OF DEVELOPMENT OF
THE FEDERAL LAW ENFORCEMENT BUILDING; FURTHER
AUTHORIZING THE CITY ATTORNEY TO TAKE
-_
WHATEVER STEPS ARE NECESSARY TO CLOSE THE
TRANSACTION WITH THE PURCHASER AS EARLY AS
PRACTICABLE.
WHEREAS,, on July 23, 1987, the City Commission adopted
Resolution 87-746 authorizing the City Manager to execute a lease
agreement between the United States of America and the City of
Miami setting forth the terms and conditions for the City to
construct and lease to the United States of America an
approximately 250,000 sq. ft. building to house Federal law
- enforcement agencies in Miami -to be located on specified lots r
acquired between NE 4th and 5th Streets and NE lot and Miami
Avenues; and
WHEREAS, on June 22, 1989, the City Commission adopted
Resolution 89-583 authorizing the City Manager to execute five
agreements of purchase and sale for the acquisition of properties ~.
located on Block 78N for the purpose of development of the
Federal Law Enforcement Building; and
WHEREAS, pursuant to Resolution 89-583 the City of Miami
acquired eight parcels that included Lots 5 and 6 of Block 78N;
and -
WHEREAS ,:,the site configuration ` for the development :Of th�
-may Federal Law Enforcement•.Buildinq-does not now include development r
of Rlocl :.hand 6CITY
;
s�
T l . •�.. sh.»�:.7_xc�"a.:'-�f�:'w'S1 _
700F
Y,
s Wm ReAS j the united States of Afrrica through its Department
z" of Justice has acquired the property located to the west and
adjacent to the City -owned property for development of a
municipal holding facility; and
WHEREAS, the United States of America has agreed to
purchase Lots 5 and 6 from the City to complete their development
site at a purchase price of $963,019.71;and
WHEREAS, the sale price of $963,019.71 reflects the price of
$918,500 paid by the City for the property plus an additional
$44,519.71 in direct costs expended by the City for appraisals
obtained, closing expenses and incidental site development costs
(environmental assessment, soils testing, demolition); and —
WHEREAS, the City is desirous of selling Lots 5 and 6 to the '—
United States of America with funds received from said sale to be
appropriated at time of receipt in capital project No. 311014,
"Federal Law Enforcement Building", for the design and
development of the Federal Law Enforcement Building project;
NOW, THEREFORE,, BE IT RESOLVED BY THE COMMISSION OF THE CITY
i
► OF MIAMI, FLORIDA:
—1 Section 1. The City Manager is hereby authorized to execute
! an agreement of purchase and sale between the United States of
{ America ("Purchaser") and the City of Miami ("Seller") for the
4�
sale of properties by the City of Miami described herein as Lots
5 and 6 less the north 10 feet, Block 78 of Miami North, Plat.
Book B, p. 41, Dade County, Florida, for purchase by the United.
b
S':ates of America for the price of $963,019.71.
Section 2. Funds from the sale of said property ltse be' RbF
;..' appopriated at time of receipt in capital project No. 311014 s'-=
}
entitled "Federal Law Enforcement Building."
} Section 3. The City Attorney is hereby authorized to, tale v*hF
whntevear etepp are necessary to close the traneact�,on with ,the f ;
purchaser an early pie practicable.9.
Se ipn 4 This, Resolution sham''.become.,of foot .ve
Cz 4"71' t
;.ts 44*pti*A pursuant to law. 70
'iy f.� ilk b J 3ti�.wf'
PASSED AND ADOMID thlis ,14th flay of Po-brua ry.ig9
. i
rF
VIER L. SU MAYOR
MATTr HIRAI
CITY CI,M r
PREPARED AND APPROVED BY:
L REAR
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
4 JOR E F RNANDEZ
CI ATTO EY
5
a
P F
n1 r. rp AM,
,
Fk
A
P
OFFER To SELL REAL PROPERTY
Metropolitan Detention Center
Miami, Florida
City of Miami
,3
The undersigned, City of Miami, a Municipal Corporation,
hereinafter called the Vendor, acting by and through.Xavier L.
Suarez, Mayor of the city of Miami, in consideration of the
mutual covenants and agreements herein set forth, does hereby
offer to sell and convey to the United States of America and its
assigns, the fee simple title to the following described parcel
of land, together with any buildings and improvements thereon,
and all rights, hereditaments, easements, and appurtenances
thereunto belonging, located in,the City Miami, the County of
Dade, State of Florida, bounded and described as follows:
ij
.Legal Description: Lots 5 and 6 less the north 10 feet,
Block 78 of Miami North, Plat Book B,t
Page 41, Dade County, Florida.
38.and6 N.E...5th Street
Address:;
- t
= SUBJECT TO the following rights outstanding in third parties: z
4{
I. Encroachments, overlaps, boundary line disputes and any
_other, matters that would.be disclosed by an accurate survey
�-- and inspection of the premises.
2. Existing easements for public utilities.
THE TERMS AND CONDITIONS of*this offer are as follows:
.�
{S) The Vendor agrQes.that this offer may be accepted~by the = s
�5"���F1
`F
the pracurement of title evidence and other curative documents
REEF-
thato in the opinion of the Attorney general are necessary to
cure such defects, the United Mates may elect either to
terminate this contract by giving written notice to the Vendorr
or it may condemn the property as provided in paragraph 6 hereof.
(6) upon conveyance to the United States, title shall be clear
of all mineral rights and interests, easements and restrictions
of record, and leases, except those which may be acceptable to
the United States. All judgments, taxes, assessments of any
sort, existing or inchoate, shall be satisfied. however, it
{
a shall not be necessary to discharge liens and mortgages until
such time as the transfer of title to the United States is made.
(6) The Vendor agrees that the United States may acquire title to
said land by condemnation or other judicial proceedings, in which
event the Vendor agrees to cooperate with the United States in
the prosecution of such proceedings; agrees that the
consideration hereinabove stated shall be the full amount of the
award of justcompensation, inclusive of interest, for.the taking
of said land; agrees that any and all awards of just compensation
that may be made in the proceeding to any defendant shall be
payable=and deductible from the said amount and agrees that the
a said consideration -shall be in full satisfaction.of. -any and all
s3_
4
clAins'of the Vendor for the right > of occupancy .and use 3
hereinafter provided for"=in paragraph -7.' 4
(7� Trie Vendor hereby grants to the United States the right of 7
-� iminsdiate occupancy `and use of the Iand for purposes of :obtaining
4 7x.
pI I Ia\ {
— WAR
L
m ' 1� ,, ti ur e t ' F L>• a'r a<�
4t
A united Metes through any duly authorised representative of the
Sureau of prisons, by delivering, wailing, or telegraphing a "
notice of acceptance to the Vendor at the address stated below,
whereupon this offer and the acceptance thereof become a binding
contract. —
x (2) The United States of America agrees to pay to the Vendor for
said land the sum of $963,019.71 (Nine Hundred Sixty -Three
Thousand Nineteen Dollars and Fifty -Nine Gents) payable on
acceptance of this offer and the approval of the Vendor's title
by the Department of Justice, Environment and Natural Resources
Division; provided the Vendor can execute and deliver a good and
sufficient general warranty deed conveying said land with the
hereditaments and appurtenances thereunto belonging to the United
States of America and its assigns, in fee simple, free and clear
from all liens and encumbrances, except those specifically —
excepted or reserved above, together with all right, title, and =
interest of the Vendor in and to any streams, alleys, roads,
streets, ways, strips, gores, or railroad rights -of -way abutting
or adjoining said land.
_ (3) It is agreed that the United States will pay the costa b
incidental to the preparation and recordation of the deed -to the y..
United States and the procurement of the necessary title'"
�> evidence.
jb
(4) Voluntary conveyance of the land to be acquired is
conditioned on approval of title by the Attorney General'of the s�
United States. If there is a failure to cure title defects key
2
W.
11
x�
"k
_ a #
F 5i
r_
•4 ki ;4N 34" j 3 Y Y�, g "'�i1.r—a
the procurement of title evidence and other curative documents
that, in the opinion of the Attorney General are necessary to
cure such defects, the united States may elect either to
terminate this contract by giving written n*tice to the Vendor#
or it may condemn the property as provided in paragraph 6 hereof.
(5) upon conveyance to the United States, title shall be clear
of all mineral rights and interests, easements and restrictions
of record, and leases, except those which may be acceptable to
the United States. All judgments, taxes, assessments of any
sort, existing or inchoate, shall be satisfied. However, it
shall not be necessary to discharge liens and mortgages until
such time as the transfer of title to the United States is made.
(6) The Vendor agrees that the United States may acquire title to
said land by condemnation or other judicial proceedings, in which
event the Vendor agrees to cooperate with the United States in
the prosecution of such proceedings; agrees that the
consideration hereinabove stated shall be the full amount of the
award of just compensation, inclusive of interest, for the taking
of said land; agrees that any and all awards of just compensation
that may be made in the proceeding to any defendant shall be.
payable and deductible from the said amount; and agrees that the
said consideration shall be in full satisfaction of any and all
claims of the Vendor for the right of occupancy and use
x};
property surveys, site inspections and investigations from and
after the acceptance by the United States of this offer until
such time as said land is conveyed to the United States and, upon
conveyance, the Vendor shall immediately vacate the property and
deliver possession to the United States. p
(�) The Vendor represents and warrants that the property
[3
i -
described herein is not and was not a site used for hazardous
activity, including but not limited to the generation, treatment,
'= disposal, or storage of hazardous substances or waste; or, in the
{ event that such activity has ever occurred at the site, that
—+ appropriate cleanup or other action was performed in accordance
with local, state and federal laws. The Vendor further agrees to
indemnify and hold the United States harmless against any and all
liabilities, obligations, damages, penalties, and fees, that may
-4 be paid by or due from the United States as a result of the
above -referenced hazardous activities which occurred prior to the
conveyance of the property to the United States.
(9) The Vendor represents and it is a condition of acceptance of
this offer that no member of or delegate to Congress, or resident _
commissioner, shall be admitted to or share any part of this _
agreement, or toanybenefits that may -arise therefrom; but this
provision shall not be construed to extend to any agreement if f_
made with a corporation for its general benefit.,;>
(10) The terms and conditions aforesaid are to apply to and 3
v
>'3,L
bind the successors and assigns of the Vendor. kY
r c.
(11) All notices required under this agreement are to be sent to
r E
.the following: 4 4
ft
-
EN..nr i rt y44-
.lec_ A11 i t —
t -
x ry,F
Xavier L. Suarez, Mayor
city or Miami
.. P.O. 19OX 330708
w f Niatki Florida 33233-0108
UNIT= STAUS
William 3. Patrick, ChiefT.
Facilities Development
and Operations
Federal Bureau of Prisons
320 First Street, N.W.
Room 254
Washington, D.C. 20534
(12) All terms and conditions with respect to this offer are ,a
-' expressly contained herein and the Vendor agrees that no
I representative or agent of the United States has made any
-� representation or promise with respect to this offer not
a
expressly contained herein.
Signed and delivered this day =
Of F1989.
Witness:
Xavier L. Suarez a`
Mayor, City of Miami xy—
y
3M1
Attest Clerk, City of Miami
Acceptance of Offer to Sell Rea]. Property
Dater
The offer of the Vendor contained herein is hereby accepted.
for.and on behalf of the United States of America.
Witnesa:
J. Michael Quinlan, Director,
r
=T Federal Bureau of Prisons
y
5 -
k
C} )
58 S. ,.sct•'F'�
CSv°P t4'S I a -
-tt �
i
r
y. "�' �a4 )fit � },i,y.. S� i�} •s riY 15- i �}
^•..,y*'-^^^..,.'..` _?""' * _ k •,d- ram? i
,
-eu -A-� , 4'--''Ty
WY OF MIAMI, FLORIDA
JNT9ft--OFfICE MEMORANDUM
DATE A 2 FILE:
SUFUtCT: Sale of Properties to the
United states of America
For city Commission Meatifto
REFERENCES : of February 14t 1991
ENCLOSURES:
it is respectfully recommended that the City Commission adopt the
attached Resolution, with an attachment, authorizing the City Manager
to execute an Agreement of Purchase and Sale for the price as state
herein8 of America ("Purchaser") and the
n ,, betwee the United State
City of Miami ("Seller")., for the sale of two properties (more
particularly described herein) by the City of Miami for the total
funds �
purchase price of $963,019.71 by the United States of America;
from the sale of said property to be appropriated in Capital Project
Building; further
No 311014 entitled "Federal Law Enforcement
authorizing the'City Attorney to take whatever steps are necessary to
close the transaction with the Purchaser as early as practicable.
gAr1rt=nnwn
on July 23, 1967, the City Commission adopted Resolution 87-746
authorizing the City Manager to execute a lease agreement between the
United, States of America and the City of Miami setting forth the
and conditions onditions for the City to construct and lease to the
United States of America an approximately 250#000 sq. ft. building to
house. <Federal law enforcement agencies in Miami to be located on
specified lots acquired between NE 4th and 5th Streets and NE lot and
Miami Avenues.
On June 22,, 1989 the City Commission adopted Resolution 69-583
Au e agreements of purchase
thorixing the City. Manager. to execute five
ire. properties located on Block 78 Nfor the purpos�I
no _�satO to acquire. fit Bu ursu
-of, the. Federal'.1aw''Enfor" ilding P ant to
ciao
'I#tjon 89-�583 City 'of;
acquired property that included'
of 1,91166k 78HO, This site, configuration for,tie
of
the: 10ora LawEn o
rceni4nt,Buildihg': does no _-_n64
Lots 5 and 6.
lo,potnt . of
gw
. . . . . . . . . .
Monorabie,Mayor and
; fS of the City combosion
W110 t ni,tjsd States of Am srica # through its Department of Justice, has
N} i the proportion iocated to the west and adjacent to the City -
he
pipmktie8 for development of a municipal holding facility.
United States of America has agreed to purchase Lots 6 and 6 from .
the City to completethat development site
at a price of $963#019.71.
e sale price of $963,019.71 to the
United States of America
kbtlocts the following expenditures made by the City of Miami:
Purchase Price of Lots 5.and 6
$ 918,500.00
(August 260 1989):
Closing_Expensess
16,046.00
payment of 1999 Property Taxess
12,643.36
Dismolit.ion of Structures On -Sites
5,653.69
Appraisals (Two Appraisals of 12
Lots Obtained; Amount Represents
4,383.33
1/6th of Cost)s
Update Appraisals (Two Update
Appraisals of 12 Lots Obtained;
Amount, Represents 1/6th of
1, 83.33
Cost) :
Environmental Testing/Levels
I & II (Testing of 9 Lots; Amount
Represents 2/9th of Cost):
2,292.88
Payment of Special Assessment for
the
Downtown Component Metrorail:
2.liT,l2
TOTAL:
$ �i.�rQ19.71
is requested that the proposed
Resolution be adopted in its
,.
exit retx sa that the sale of Lots 5
and 6 to the United States of
hie` may taste. 'place as early as
p�caeticable and funds received
�; this, ,sale lie .'''appropriated at ` ti:ae of receipt in :capital project
°i1014 '"Fedeical Law IL:lforcement Building" for the design and
development of the Federal Law Enforcement Building project.
Attachments
k
Proposed Resolution
'Agreement of Purchase and Sale
µS • g
3
INTER -OFFICE MEMORANDUM
�. .. `ma/yy DATE
�{ h/
$ tV �M1C FEBFILE i
Honorable Ma or and Members 4 iW ti 7 of the City or
SUBJECT: Chaille Block Metropolitan
Detention Center r
= City Commission Agenda, n
FRt�lu�`.
REFERENCES- February 14, 1991
Cesar W. Od n
City Manager ENCLOSURES:
Na
ate.
4 DISCUSSION
It is requested that the City Commission discuss the proposed Metropolitan
Detention .Center and address the means by which 'the City can facilitate the
preservation of the historic Chaille Block, located at 401-445 N. Miami
Avenue,,.as a part of this project.
j BACKGROUND
The Federal Bureau of. Prisons (FBOP) has announced its intention of
constructing -a Metropolitan Detention Center on the east side of N. Miami
Avenue. between N.C. 4th Street and N.E. 5th Street. Although opposed to the
location of such a facility in 'Downtown Miami, the Gity'Commission did agree 3
that this site was the most appropriate location. The Cityy has worked closely
with the FBOP to assure.that the Chaille Block, which has been designated as a
:.:±historic district by the City Commission, is preserved in,conjunction with the
--new development. —
One of -the most significant features of the Chaille:Block is the series of
' 'arcades projecting :over the :sidewalks. A portion of the.. arc$de encroaches
`> •into the.:public right-of-way. FBOP has informed'us that.although•it intends ;
�. ,.to-,. preserve. the Chaille _Block, i t has no authority" to expend Federal:= fun to
;<.ia rove; property: in. the ,right-of-way .(see"attached letter). Therefore, FBOP
t Chas requested either, fee simple ownership.of this`portion°of the right-of-way
_ .or air•:.rights...
= The City has no mechanism for transfering`�ar rights. Therefore, in order to {
,convey `, the r. tgh�t,-of�way tp �.FBOP, that or
on of the sidewalk under the
- +-',•arcades would,,Vhjkve to . be ,vacated by`'rep att�ng and the >zoned right of -way
sF 'wohlduhave. to:be reduced from: 66 "`feet to 5OT'Feet.
q
r
Unless the,, C.itywCAissiop objects,•, the admirlistration will pursue this
. wnavenue.
z {
+•" fi' ? .ems _" �' ,., - -'.. } '' ' syxt r
r
fS9
i �r�4rd i3
Attachment
3-
b -
Y � Sw, • it � v � �_
)- rr
_� i�x '{it i � _ ita . ' , J �; �l�•°.h+ ' �r'7.gci' r � .`i' l
^-
h
a y Y
A hii '. v%<.•` .t is f •LRa�.., . r..., Z. _ �; ,�r,. .. .. , . .. _
i
? W8h"hK tic M4 Opt 1
r
Aut"t 31, 1990
Y
k COPY
d
4 F�
Honorable Xavier L. Suarez
x
Mayor
City of Miami
P.O. Box 3300708
Miami, Florida 33233-0708
-Dear Mayor Suarez:
The purpose of this letter is to seek your assistance with a
:
problem that has come to our attention regarding the site for the
-
#:proposed
metropolitan Detention Center (MDC) in downtown Miami.
x
An you may know, the Bureau of Prisons (BOP) is reviewing three
sites, one of which contains the historic Chaille Block. This
i.
site currently appears to be the most likely for selection. We
'.
have been informed, however, that projecting arcades of the
buildings in the Chaille Block encroach on the public right -of-
way (sidewalk) on North Miami Avenue. Since we do not have the
authority to use Federal funds to improve property in the public
right-of-way, this situation will affect our ability to preserve
N
and incorporate the most significant characteristic of the
Chaille Block into the design of the MDC. In your letter of
_r
..
Mardh'9, 1990, you outlined several advantages of,thins site,
including th* -need to "...preserve this piece of Miamils heritage.
_
_.inconjunction with the new development".
I aw writing to ask your assistance and cooperation in waking
this. 0,toot public right -of =way available -to the HOP in.a manner
which'
u�
will allow us .to repair and. :^ve the 4rbade.
s�
Tie final Environmental Impact Statement. will be pubiimhed in the
a,
_u
„pig future ''id consultation with 1 n
the 1,dvisosy counci o
s
- c Preservation
_. F .mtQri Cons ent would like
"
khy�
ro res�alve the �auttter as qui•kakeas possibl Ifyi iW
7'
4r
�a R
:'�5ti �4} . Sb3~x��� h_"kc,. : i.4' S .. .. _ ,. (} . i. _ 4 .... ,.. .. _ .. .. i .i .• ,. ., u:,�., ...-t rr .. ; r.. i44 . _
4� f
a'
A>i
add
ptoio With �}yo��it�ry� 1 would
li�t+�t{�to have Y� ice' 3
s sts i costact claudis Mass i t Attorney
lii the sits Proo shs can be reached at
3olaloses to diacuar this Luau*,
. Unoarely *
t COPY
V William J. PatriCk
Chief Faoilitias Development
•' and orations
t
41
x
-i
1�r
r.
w ,
y°o
y
Y
aa
T
'
t
5y
�2 Y lqq
��l It t
"..j �i iCh'�,g. 3 ��'t� Y� � ��p �
—_
��� ? t h.�
-..t �}�'. � { #' �r„t ��,`��f a �. 4. �.� 4 ,i•S'� trF
•-�Y'" i? ( i x �..: if+
-;:
t r
��df
� j�s
}^
1; a t � r } 14 �' Y ,✓a «i' '< *�R *=
{� g 5
t��-Z Y+ "4 A`#��'Jx, x-'�� !
$3�a�y3s`..
�1 r sa
.� ✓�
L-m'
Y�3�
�'y r, :*-,9 4 fx F x � } �
����
•. x ". P x � �jx
�s
a����
_ _
�