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Home My WebLink AboutR-91-02653-v'91-276 ' 4/4/91 RESOLUTION NO. 9 1 -- 265 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT OF PURCHASE AND SALE FOR THE PROPERTY LOCATED AT 235 N.W. 13TH STREET AND THE PROPERTY LOCATED AT 245 N.W. 12TH STREET, IN SUBSTANTIALLY THE FORM ATTACHED, FOR PRICES AS STATED HEREIN BETWEEN THE CITY OF MIAMI ("PURCHASER") AND THE ESTATE OF WM. PATTERSON SR. ("SELLER") FOR THE PURCHASE AND SALE OF THE PROPERTY (MORE PARTICULARLY DESCRIBED HEREIN), FOR THE TOTAL PURCHASE PRICE OF $36,002, WITH FUNDS FOR THE ACQUISITION OF SAID PROPERTY BEING USED FROM SECTION 108 LOAN PROCEEDS, FOR THE PURPOSE OF DEVELOPMENT OF THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT; FURTHER AUTHORIZING THE CITY ATTORNEY TO TAKE WHATEVER STEPS ARE NECESSARY TO CLOSE THE TRANSACTIONS WITH THE SELLER AS EARLY AS PRACTICABLE; SAID AUTHORIZATION BEING CONDITIONED ON THE APPROPRIATION OF THE NECESSARY FUNDS. Miami ("purchaser") and the following ("Seller") for the purchase and sale of the property as described herein for the total purchase price of $36,0029 1.$ Price Property Estate of Wm Patterson Sr $36,002 235 N.W. 13th Street 245 N.W. 12th Street Section 2. Funds for the acquisition of said property will hereby be used from Section 108 Loan Funds. Section 3. The City Attorney is hereby authorized to take t y i PARCEL NO - EXHIBIT. A CITY OF MIAMI SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT a STf►TF.MENT OF JUST COMPENSATION ,:_ �T 1. PROPERTY DESCRIPTION: s- Lot 26, Block- 1, PARRYS RESUB, PS "B"/163, Dade County I Florida a/k/a 235 N.W. 13 Street, Miami, Florida. 2. OWNERS OF RECORDSt_ - Estate of Wm Patterson, Sr. 3., FEE SIMPLEt $11,725 4. BASTE OF JUST COMPENSATIONS_ 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 for sale in the market with a reasonable time allowed in which to find'a'purchaser buying with the knowledge of all the uses And purposes to which it is adopted and of which. it is G 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 ( likelihood that the property would be acquired for such 41 improvement, other than that due to physical deterioration within the reasonable control of the owner, has been t� disregarded in determining the compensation for the property by the City and its appraiser. The City of` Miami's appraisal and determination of just com neation do not reflect an consideration of, or any sistance allowance #or, any relocation a and payments which a{} atie occupants', the owner 'or tenants, are entitled to aeceive jf under Il of the Uniform Relocation Assistance and Reel { ` ,Title 'Pa�op�arty Acquisition policies Act of 1970. The, following items are specifically AnclUdad in the s x.} dforemenionl approved appraisal and the consideration for , ; . the.istad hews` is inciuded in the Just Compensation �+e r � tt h*dE it • '. 1 C r r 1 ) " }v t - r PARCEL NO. 90-12C Q G: bt.r.heWrION -OF _ VALU TI ON s The following represer►tt a Summary of the City�B offer to: ou x. and the basis thereof. MAL ESTATES 'r LAND and IMPROVEMENTS $11,725 TOTAL JUST COMPENSATION $11t725 r x . r t 'x4 y c • is < w t x p'I1t ,• s �*" AE y alb p f i t t �?��A" •G'} }..i y 'i �S%�" � �'?i1 ,h � � 2� ��#� �� 4'� 'i "t��i 1: ��LiM� _ [+14 "i Y Ar-ESI+uENT OF PURCHASE AND SALE PARCEL' NO, g0-12� THIS AGREEMENT entered into this O day of by and between THE CITY OF MIAMI# Dade County, F orida)..a Municipal Corporation, hereinafter referred to as "CITY", and the L Estate of taw. Patters Sr. whose property is currently located at 2-5 HN 13th Street reinafter referred to as "SELLER . WITNE S5ET.H: WHEREAS, the SELLER is owner of that real property more 5 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. NOW, THEREFORE, it is hereby covenanted and agreed between the parties as follows: PARCEL 90-12C 6. Title to the property shall be delivered to the CITY on the date of closing. Beginning on the date of closings, 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. H. 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 - 1 Lion Pa ent Act it payments under the Uniform Re oca ym in 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 '6f' thW Stat6' Of Florida. i2. The SELLER understands that this offer is subject ,to the approval of the City Commission of the City of Miami, Florida. 13. prior to closing SELLER shall provide CITY with a certificate from a State Certified Contractor with a Florida Department of .Environmental Regulation (DER) approval generic quality assurance plan indicating that the property or any part thereof."Jis free o#, environmental contamination including any hazardous material (including but not limited to asbestos), waste or toxic substances. 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 roprosontations not expressly not, forth in this a Agreement are of no force or effect. MR 2 OF t A- s PARCEL NO, 9.0012C 15. No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. IN WITNESS wHEREOP, 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. SEI Witnessest (two required) By JIBE J. MCCRARV. JR. Rum P. Wvs, III TERM= A. WIMlUMN: LAW Ot+`B'ti' 98 M CCRAR Y & DovE 2M BISCAYNE BOULEVARD SUITE wo MIAMI. P14UMA 33130/-4198 TELEPHONEI (308) Is7e.15os PACSIMILEI (305) 576-3550 REPLY TOI IN OCALAI THE SOVEREIGN BUILDING 108 NORTH MAGNOLIA AVENUE Miami 9UM'E 394