HomeMy WebLinkAboutR-91-03380
J-91-334
4/4/91
RESOLUTION NO. 9 3`'
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 TWO (2) PARCELS (PARCEL NOS.
04-13 AND 04-17) WITHIN THE WYNWOOD 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 CITY SPONSORED SCATTERED SITE
AFFORDABLE HOMEOWNERSHIP DEVELOPMENT PROGRAM;
ALLOCATING FUNDS FROM THE 11TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM UNDER THE
CITY-WIDE LAND ACQUISITION PROGRAM, PROJECT
NUMBER 321026, 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, on October 23, 1986, the City Commission passed and
adopted Resolution No. 86-840, which approved implementation of
the Scattered Site Affordable Homeownership Development Program
in the City's Community Development Target Area for the purpose
of developing new single family, owner -occupied housing units to
qualified low and moderate income families; and
WHEREAS, in October of 1986, the City Commission authorized
the issuance of $4,200,000 in Special Obligation Bonds for the
purpose of providing construction financing for such housing; and
WHEREAS, the City serving as developer, plans to finance the
development of two (2) new single family, owner -occupied
residential units in the Wynwood neighborhood under the Program;
and
WHEREAS, two (2) parcels in the Wynwood Community
Development Target Area have been identified and recommended for
the development of housing affordable to low and moderate income
,#ft,TTA%f1*.`#* H ME NTS
C 0 N -1 A I N'E D
CITY C01,133AISSION
DING OF
MAY 9 1991
��- 338
REfQ4UlitiN No.
families in connection with the City's Scattered Site Affordable
Homeownership Development Program; and
WHEREAS, the City of Miami is interested in acquiring two
(2) parcels of land located in the Wynwood 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
negotiation should be undertaken by the City; and
WHEREAS, funds are available in the total amount of $24,960
from llth 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
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 offers as indicated are hereby
authorized to be made to the owners of the subject properties in
the amounts as indicated below:
CONTRACT
TARGET PARCEL APPRAISED PURCHASE
AREA ADDRESS OWNER VALUE PRICE
Wynwood 98 NW 27th St. Mr. & Mrs. $ 8,600 $ 9,460
(Parcel # 04-13) Joseph Halloran
Wynwood 34XX NW 6th Ave. Mr. & Mrs. 15,500 15,500
(Parcel #04-17) Oberto Alvarez
Section 3. Eleventh Year Community Development Block Grant
a
land acquisition funds which exist as an available balance
previously authorized by the City Commission (Project Number
321026, Index Code 599101), are hereby designated to defray the
cost of said acquisitions in the total amount of $24,960.
- 2
91- 338
Section 4. The City Attorney is hereby authorized to
proceed to close on said properties 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
of the subject properties 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 day of ,xay �1991.
ATTEST:
C
HIRAI, CITY CLE
DMLOPMEN'i, REVIEW:
F NK CASTANEDA, DIRECTOR
COMMUNITY DEVELOPMENT
PREPARED AND APPROVED BY:
W
)EF
JOEL E. MAX ELL
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
-CltY ATTORNEY
CAPITAL IMPROVEMENT REVIEW:
i l 9
E UA 0 ODRIGUEZ
CIP P OJ CT MANAGER
- 3 - 91-- 338
a
EXHIBIT "A"
WYNWOOD COMMUNITY DEVELOPMENT TARGET AREA
PARCEL NO. 04-13
PARCEL ADDRESS:
PROPERTY LEGAL DESCRIPTION:
FOLIO NUMBER:
OWNER OF RECORD:
LAND AREA:
ACQUISITION COST:
PARCEL NO. 04-17
PARCEL ADDRESS:
PROPERTY LEGAL DESCRIPTION:
FOLIO NUMBER:
OWNER OF RECORD:
LAND AREA:
ACQUISITION COST:
98 Northwest 27th Street
Lot: 12, Block: 1
Donmore Villa Amended Plat
Plat Book: 6/7
01-3125-029-0102
Mr. & Mrs. Joseph Halloran
50 x 105
$9,460
34XX Northwest 6th Avenue
Lot: 2, Block: 2
Devenshire Park Sub.
Plat Book: 5/21
01-3125-020-0091
Mr. & Mrs. Oberto Alvarez
53 x 109
$15,500
91-- 338
EXHIBIT "B"
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SUBJECT PROPERTY
PARCEL 04-13
91.-- 338
EXHIBIT "B"
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91— 338
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 JOSEPH EDWARD HALLORAN and MARY
HALLORAN, residing/located at 9674 Northwest loth Avenue, #B237,
Miami, Florida 33150, 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 98 Northwest 27th Street, Lot: 12, Block:
1, Donmore Villa Amended Plat, Plat Book: 6/7, Folio Number: 01-
3125-029-0102, and
WHEREAS, the CITY desires to purchase said property located
at 98 Northwest 27th Street (Parcel No. 04-13). for use in
conjunction with the affordable housing program in the City of
Miami.
NO', 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 Nine Thousand Four Hundred Sixty Dollars ($9,460),
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 Warrant 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.
91- 338
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 September 301 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.
91- 338
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:
i
-'443.
'JORCX L. FERNANDE
Ci Attorney
SELLER: Joseph Edward
Halloran and Mary Halloran
BY
By
CITY OF MIAMI, a Municipal
Corporation of the State of
Florida
BY
CESAR H. ODIO
City Manager
i
t`
EXHIBIT "D"
R
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 OBERTO ALVAREZ and DANIA ALVAREZ,
p
residing/located at 1710 Palmera Court, Alameda, California
94501, 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 34XX Northwest 6th Avenue, Lot: 2, Block:
2, Devenshire Park Sub., Plat Book: 5/21, Folio Number 01-3125-
020-0091, and
i
WHEREAS, the CITY desires to purchase said property located
at 34XX Northwest 6th Avenue (Parcel No. 04-17) for use in
conjunction with the affordable housing program in the City of
Miami.
3,
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
i
of Fifteen Thousand Five Hundred Dollars ($15,500), the
SELLER shall, by General Warranty Deed, convey to the
CITY good, marketable and insurable title, free of liens
Ai
and encumbrances to that certain real property,
(together with the improvements, hereditaments and
appurtenances attached thereto).
t
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
r
CITY Warrant 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.
91-- 338
IL
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 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.
16. SELLER warrants that he has not employed a real estate
broker or agent in connection with the transaction
contemplated herein.
91- 338
14
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:
JORGEIL. FERNANDEZ '
City -,Attorney
SELLER: Oberto Alvarez and
Dania Alvarez
BY
BY
CITY OF MIAMI, a Municipal
Corporation of the State of
Florida
BY
CESAR H. ODIO
City Manager
91- 338
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
�O of the ity Commission
ROM Cesar H. Odio
City Manager
RECOMMENDATION:
DATE APR L 91991 FILE
Resolution Authorizing
SUBJECT Two parcels of Vacant
Land in Wynwood
REFERENCES City Commission Agenda
Item - May 9, 1991
ENCLOSURES
It is respectfully recommended that the City Commission adopt the
attached resolution authorizing the acquisition of two (2) vacant
Parcels of real property located in the Wynwood Community
Development Target Area, for the purpose of developing new single
family, owner -occupied housing units in the Wynwood neighborhood
under the City's Scattered Site Affordable Homeownership
Development Program. Based on a negotiated purchase settlement
with each of the respective property owners, purchase offers in
the total amount of $24,960 have been accepted by the property
owners for acquisition of the said two parcels.
BACKGROUND:
The Department of
Development and Housing Conservation recommends
y`
ratification of
the attached resolution authorizing the
acquisition of two
(2) vacant parcels of real property located in
the Wynwood neighborhood, in connection with the development of
two (2) new single
family, owner -occupied housing units under the
City's Scattered
Site Affordable Homeownership Development
Program. Based on a negotiated purchase settlement with each of
the respective property
owners, purchase offers in the total
amount of $24,960
have been accepted by the property owners for
acquisition of the
said two parcels.
To date, two (2) new single family homes have been constructed and
sold to low and moderate income families in the Wynwood
neighborhood under the Program. Construction of two (2)
additional new single family homes is anticipated to be underway
on City -owned lots located at 38 and 42 Northwest 35th Street in
the Wynwood neighborhood by September, 1991.
Eleventh Year Community Development Block Grant Land Acquisition
funds which exist as an available balance previously authorized by
the City Commission for site acquisition are available to fund the
cost of acquiring the subject parcels.
04-1 i-1
Resolution Authorizing Two Parcels
of Vacant Land in Wynwood
Page - 2 -
In view of the need to provide affordable homeownership
opportunities to low and moderate income families in the Wynwood
neighborhood, in connection with the City's Scattered Site
Affordable Homeownership Development Program, City Commission
ratification of the attached resolution is recommended.
0