HomeMy WebLinkAboutR-91-0337J-91-335
4/2/91
RESOLUTION NO. 3 3 7
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING
THE CITY MANAGER TO MAKE AN OFFER AND EXECUTE
AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH THE PROPERTY OWNER FOR ACQUISITION
OF ONE (1) PARCEL (PARCEL NO. 06-03) WITHIN
THE OVERTOWN COMMUNITY DEVELOPMENT TARGET
AREA, AND WHICH IS 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
AFFORDABLE HOUSING PROGRAM; ALLOCATING FUNDS
FROM THE 1976 HOUSING GENERAL OBLIGATION
BONDS AUTHORIZATION UNDER THE AFFORDABLE
HOUSING PROGRAM, PROJECT NUMBER 321024, INDEX
CODE 599101, FOR ACQUISITION OF THE SUBJECT
PROPERTY; AND AUTHORIZING THE CITY ATTOR14EY
TO PROCEED TO CLOSE ON THE SUBJECT PARCEL
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 $5,844,200 in 1976
Housing General Obligation Bonds Authorization funds, and monies
are available for the proposed amount of the contract under
Capital Project No. 321024 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
WHEREAS, the parcel identified for acquisition in the
Overtown Target Area is located in the area targeted for
revitalization; and
WHEREAS, once acquired, the assembled site will be made
available to a not -for -profit neighborhood based housing
:�,TTACH M ENTO
a CONT�AINL
CITY COMMISSION
MEETING OF
MAY 9 1991
91 --- 3 37
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a
corporation for the purpose of developing affordable housing
units in the Overtown Target Area; and
WHEREAS, one (1) parcel in the Overtown Community
Development Target Area has 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 one
(1) parcel of land located in the Overtown neighborhood which is
more particularly and legally described in the attached Exhibits
"A" and "B" for the development of such housing; and
WHEREAS, efforts to secure the property for valid public and
municipal purposes through negotiation should be undertaken by
the City; and
WHEREAS, funds are available in the total. amount of $41,000
from 1976 Housing General Obligation Bonds Authorization funds
for land acquisition costs in connection with the Program; and
WHEREAS, the amount set forth in Exhibit "A" is reasonable
and in keeping with the costs of acquiring property through the
normal negotiation process;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. 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 2. The following offer as indicated is hereby
authorized to be made to the owner of the subject property in the
amount as indicated below:
CONTRACT
TARGET PARCEL APPRAISED PURCHASE
AREA ADDRESS OWNER VALUE PRICE
Overtown 2055 NW 3rd Ave. Smithsub, $80,000 $41,000
(Parcel #06-03) Inc., c/o
Peter C. Houston
Vice President
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91 - 337
Section 3. 1976 housing General obligation Bonds
Authorization land acquisition funds which exist as an available
balance previously authorized by the City Commission (Project
Number 321024, Index Code 599101), are hereby designated to
defray the cost of said acquisition in the total amount of
$41,000.
Section 4. The City Attorney is hereby authorized to
proceed to close on said property after examination of the
abstract and confirmation of an Opinion of Title. If approved by
the City Attorney, the City Manager is hereby authorized to
execute the appropriately attached Agreement of Purchase and Sale
for the subject property identified at the cost stated in Exhibit
"A" and to disburse the sum(s) of money in accordance with the
City Commission's herein authorization.
Section 5. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 9th
ATTEST
MATTY HIRAI, CITY CLERK
CAPITAL IMPROVEMENT REVIEW:
EDU RD RODRIGUEZ
CIP PROJECT MANAGER
PREPARED AND APPROVED BY:
JOEL E. MA ELL
CH EF ASSISTANT CITY ATTORNEY
day of .-May 1991.
XAVIER L. S AREZ, AYOR
APPROVED AS TO FORM AND CORRECTNESS:
JORCI L. FERNANDEZ
CI Y ATTORNEY
-J-
EXHIBIT "A"
OVERTOWN COMMUNITY DEVELOPMENT TARGET AREA
PARCEL NO. 06-03
PARCEL ADDRESS:
PROPERTY LEGAL DESCRIPTIO14:
FOLIO NUMBER:
OWNER OF RECORD:
LAND AREA:
ACQUISITION COST:
2055 Northwest 3rd Avenue
Lots: 8-13, Block: 3
Security Add., Plat Book: 3/21
01-3125-042-0160 and
01-3125-042-0170
Smithsub, Inc.
c/o Peter C. Houston
Vice President
38,200 S.F. (6 Lots)
$41,000
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94-- 337
EXHIBIT "C"
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 SMITHSUB, INC., c/o PETER C. HOUSTON,
VICE PRESIDENT, residing/located at ARA Services, ARA Tower, 1101
Market Street, Philadelphia, Pennsylvania 19107, 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 2055 Northwest 3rd Avenue, Lots: 8-13,
Block: 3, Security Addition, Plat Book: 3/21, Folio Number 01-
3125-042-0160 and 01-3125-042-0170, and
WHEREAS, the CITY desires to purchase said property located
at 2055 Northwest 3rd Avenue (Parcel No. 06-03) 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:
In consideration of the CITY paying the SELLER the sum
of Forty -One Thousand Dollars ($41,000), 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).
The CITY shall pay the SELLER the
paragraph (1) hereof, minus any sums
to others pursuant to the terms of
CITY Warrant at the closing within
(180) days from the date of the
Agreement by the CITY and SELLER.
sum set forth in
to be held or given
this Agreement, by
one hundred eighty
execution of this
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.
91-- 337
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 gatUage 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 September 30, 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.
91. -- 337
4
Dated the date first written above.
WITNESSES:
As to an individual
As to an individual
ATTEST:
MATTY HIRAI
City Clerk
APPROVED AS TO FROM AND
CORRECTNESS:
JOR L. FERNANDEZ
City] Attorney
SELLER: Smithsub, Inc.
c/o Peter C. Houston
Vice President
BY
(SEAL)
CITY OF MIAMI, a Municipal
Corporation of the State of
Florida
BY
CESAR H. ODIO
City Manager
(SEAL)
91-- 337
CAM
INTER -OFFICE. MEMORANDUM
Honorable Mayor and Members
of the ity Commission
_.i
.=aonr Cesar H. Odio
City Manager
RECOMMENDATION:
GATE P�'iR,► i- .j i991(I rl FILE
Resolution Authorizing
SUBJECT Acquisition of One Vacant
Parcel in Overtown
REFERENCES C i t y Commission Agenda
Item - May 9, 1991
ENCLOSURES
II7
It is respectfully recommended that the City Commission adopt the
attached resolution authorizing the acquisition of one (1) vacant
parcel of real property located in the Overtown Community
Development Target Area, for the purpose of developing affordable
housing units in the Overtown neighborhood. Based on a negotiated
purchase settlement with the respective owner, a purchase offer in
the total amount of $41,000 has been accepted by the property owner
for acquisition of the said ;arcel.
BACKGROUND:
The Department of Development and Housing Conservation recommends
ratification of the attached resolution authorizing the acquisition
of one (1) parcel of vacant land located in the Overtown Community
Development Target Area, for the purpose of developing affordable
housing units in the Overtown neighborhood. Based on a negotiated
purchase settlement with the respective owner, a purchase offer in
the total amount of $41,000 has been accepted by the property owner
for acquisition of the said parcel.
Presently, 1976 Housing General Obligation Bond proceeds are
available to defray the cost of said acquisition in the total
amount of $41,000 from Project Number 321024, Index Code 599101.
It is anticipated that the subject parcel to be acquired in the
Overtown neighborhood will be made available to a not -for -profit
community based housing corporation for the development of an
affordable rental housing project in the area, subject to City
Commission approval.
In view of the need to provide affordable housing opportunities to
low and moderate income families in the Overtown neighborhood, City
Commission ratification of the attached resolution is recommended.
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91- 337