HomeMy WebLinkAboutR-91-0635NOR-
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RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING
THE CITY MANAGER TO MAKE AN OFFER AND EXECUTE
AN- AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
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FORM, WITH THE PROPERTY OWNER FOR ACQUISITION
OF ONE PARCEL, THE TOWER THEATER, (PARCEL A .--
LOT NOS. 2-5 AND 2-6) WITHIN THE LITTLE
HAVANA COMMUNITY DEVELOPMENT TARGET AREA AND
THE LATIN QUARTER, AND WHICH IS MORE
PARTICULARLY AND LEGALLY DESCRIBED IN THE
ATTACHED EXHIBIT "A", TO BE USED FOR THE
DEVELOPMENT OF A COMMUNITY PERFORMING ARTS
THEATER AND CULTURAL CENTER; ALLOCATING FUNDS
THEREFORt IN THE TOTAL AMOUNT OF $388,121,
FROM MONIES APPROPRIATED IN THE FISCAL YEAR
1990--191 CAPITAL IMPROVEMENT ORDINANCE
NO. 10782, ADOPTED SEPTEMBER 27, 1990, WHICH
ORDINANCE APPROPRIATED THE AMOUNT OF $108
MILLION FOR PROJECT NO. 321038 OF SAID
ORDINANCE', ENTITLED "LATIN QUARTER SPECIALTY
CENTER" AND WHICH. MONIES ARE AVAILABLE FOR
THE ACQUISITION OF THE SUBJECT PROPERTY; AND
AUTHORIZING THE CITY ATTORNEY TO PROCEED TO
CLOSE ON THE SUBJECT PARCEL AFTER EXAMINATION
OF THE ABSTRACT AND CONFIRMATION OF OPINION
OF TITLE.
' WHEREAS, there is 'a need for community based cultural arts`
facilities that architecturally and culturally promote the 'theme
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of'old Havana as a means of economic and market development; and.
..
WHEREAS, ` the ``Latin. Quarter Specialty' Center Study, July,
4
1987, prepared for the Miami 'Department `of Off--Street'Parking
established the need` for and` feasibility of developing ` a mixed
use residential and retail specialty center inclusive of
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Performing Arts theaters in Little Havana on 'Southwest Eighth
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Street; and:
WHEREAS, the Department of Off -Street Parking acquired'ii*`
lots in 1987 within' the site area recommended for the dev+e%opinent
Of the'Latin Quarter Specialty Center; and -
WHEREAS, the 1990-91 Capital Improvement Ordinance
No. 10782, adopted September' 27, 19900, appropriated $V 8i?91 041
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for tha project entitled the Latin Quarter Specialty- ehter
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CONTRACT
-,
PARCEL APPRAISED
PURCHASE
ADDRESS OWNER VALUE
PRICE
o�,w• Bth St. Corp. $325,000 *
$388121 t
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(Parcel ,IAII )
$413,000 **
* (per Lou Gross/Ralph Ross Real Estate)
°.
** (per Reinaldo Blanco/Ancla Realty, Inc.)
Section 3. Capital Improvement Program funds which exist
as an available balance previously authorized
by the City
I
Commission (Project Number 321038), are hereby
allocated to
defray the cost of said acquisition in the total amountof
$388,121.
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
f
execute the appropriately attached Agreement of Purchase
_
and Sale
of the subject property identified at the cost
stated in
Exhibit "A" and to disburse the sum of money
in accordance
herewith.
Section 5. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this-11th day of Se tem
► 1991:
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XAVIER
UAREZ, ',14AY0R
ATTES
NATTY RA
CITY CLERK
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CAPITAL IMPROVEMENT REVIEW:
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AGREEMENT Dp PURCHASE AND SALE
THIS AGREEMENT entered into this llth day of September,
1991 by and between THE CITY OF MIAMI, Dade County, Florida, a
Municipal -Corporation, hereinafter referred to as "CITY't and
HPLT Corporati6ftp a Florida corporation,: whose property is
currently located at 1508 S.W. 8th Street, hereinafter referred =
to as "SELLER".
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W I TNES SETH:
-
WHEREAS, the SELLER is owner of the real property
located at 1508 S.W. 8th Street and legally described in EXHIBIT
"A" attached hereto and made a part hereof, hereinafter referred
to as the "Property".
NOW, THEREFORE, it is hereby convenanted and agreed
between the parties as follows:
1. In consideration of the CITY paying the SELLER the
sum of three hundred eighty-eight thousand, one hundred
and twenty --one dollars ($388,121)- the SELLER shall by
General Warranty Deed convey to the -CITY good
f` marketableand insurable title free from liens and Y
encumbrances to the Property but subject to conditions,
restrictions, easements and limitations of record,
together with - the improvements, hereditaments and
' appurtenances attached thereto which improvements are
more fully described on EXHIBIT A attached hereto, and
made a part hereof. Y
2: CITY` shall deliver to SELLER at the time of
execution of this Agreement the sum of one ihundred
dollars ($100),' which sum shall act as a deposit on '
this transaction and, upon closing, shall be credited,
against the purchase price to be paid upon closing.
3. - The clos,,ing shall: be within sixty (60). days:.from
the date of the -execution of `this Agreement.by'the CITY
and -the SELLER:
is 4: All past due real °estate taxes shall` be :paid by
!; the SELLER. All taxes and assessments of record for.
the year 1991 shall be prorated . as of the. .,date :°:of.
closing' and shall be paid or. sat isfied by- the-, SELLER
prior to closing. u
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5 - All cer'ti:fied 1ines, encumbrances and charges of.,
' record against the Property shall be paid or satisfied
by the SELLER prior to or at ;closing.
r",-; 6. The -SELLER agrees that any risk of loss or -damage
=; to the Property by fire or other -casualty, or. acts ,i,-.of
;, =God, 'shall be borne ' by the SELLER until the title to: E
tK
the Property and deed to the CITY have been accepted by z
the CITY: In -the event that such loss ..or damage`
(f occurs, there shall be an "equitable adjustment .af fthe *
' purchase price based upon such damage,`which''adjustment
i shad' be agreed upon by the CITY and they' S.11e. �tF
Should the CITY and. the SELLER fail to reach an
agreement` by' the date of closing, this Agreement sia11r`
be terminated. 8 ;:y i V:
7 Abstract of title, brought to the `rat+�f�
exeeut:ion of this Agr ennent' shall -be delivered ca-� tthe
CITY within fifteen. (15) days -f rom the ci a „. of
aecuti4n of thi$ Agreement. Title to the ;property►
r, '$hall 'ba delivered to the CITY on the date of olosi�
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S. upon execution of this Agreement, 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. If
CITY is not satisfied with the results of said
inspections, CITY shall have the right to cancel this
Agreement by written notice to SELLER within sixty (60)
days from the date of this Agreement, whereupon the
deposit described in Paragraph 2 shall be returned to
SELLER. CITY shall indemnify and hold SELLER harmless
from any loss or damage due to intentional and/or
negligent acts of employees, agents or contractors of
the CITY arising out of such inspections. This
indemnity shall survive the closing or termination of
this Agreement.
9. SELLER covenants and warrants that there are no
tenants or parties in possession other than SELLER and
that the Property shall be delivered to the CITY vacant
and unoccupied. The covenants and warrants of SELLER
shall survive the closing and delivery of the deed.
10. CITY shall have fifteen (15) days from the date of
receiving the abstract of title to examine same, and if
title is found not to be as described in Paragraph 1,
€
CITY shall notify SELLER in writing specifying the
defects thereof. SELLER shall have thirty (30) days
from receipt of such notice to cure the defects (other
than matters to be satisfied at closing) and if after
said period the title does not meet the requirements
set forth in Paragraph 1, the CITY shall have the
option of either a) accepting the title as is, or b)
demanding a refund of all monies paid hereunder, which
shall forthwith be returned to CITY and thereupon CITY
and SELLER shall be released of all further obligations
to each other under the Agreement except for the
indemnity contained in Paragraph 8.
11. -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 interest in the Real
Property being conveyed to the CITY, unless
specifically exempt by provisions of said Statute.
12. This Agreement shall be binding upon the heirs,
executors, administrators and assigns of the parties.
13. This Agreement shall be governed according to the
laws of the State of Florida.
14. The SELLER understands that this offer.is subject
to the approval of the City Commission of the City of
Miami, Florida. The CITY shall execute this Agreement
,.
within ten (10) days of the approval of this Agreement
by the City Commission.
15. Prior to closing SELLER shall provide CITY with a
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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 is free of
environmental contamination including any hazardous
;
material (including but not limited to asbestos), waste.
-
or toxic substances. The delivery of such certificate
shah be a condition precedent to CITY"s obligation to
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close the transaction. If SELLER fails to deliver such
certificate, CITY may terminate this Agreement, and
SELLER shall refund to CITY the deposit describ in
4s
Paragraph 2.4
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PAGE 2 CIF 4
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16. State documentary stamps and surtax on dead and
the cost of recording and corrective instruments shall
be paid by SELLER.
17. SELLER shall deliver to CITY at closing; (a)
General Warranty Deed meeting the requirements set
forth in paragraph 1 herein; (b) gap affidavit, no lien
Affidavit, affidavit of possession, and IRS form
1099(b) or such ether forms as may by required by the
federal government from time to time; (c) FIRPTA
r=
affidavits or exemption certificates as may be required
to exempt SELLER or any agent from the income tax
d=
withholding requirements or SELLER shall authorize CITY
to withhold the necessary amount. In the event an
existing mortgage in the nature of an 'equity
loan"/line of credit is to be satisfied, SELLER shall
furnish a recordable satisfaction of mortgage at
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closing.-
18. In connection with any litigation (including all
y
appeals) involving the SELLER or CITY, arising out of
this Agreement, the prevailing party shall be entitled
to recover all costs incurred, including reasonable
attorney's fees.
19. If CITY defaults hereunder, the deposit paid by
the CITY shall be retained by SELLER as liquidated
damages, consideration for the execution of this
Agreement and in full settlement of any claims or
SELLER may seek specific performance. If for any
reason other than failure of SELLER to render his Title
marketable after diligent effort, SELLER defaults or
refuses to perform this Agreement, CITY may receive the
return of its deposit or may seek specific performance
of this Agreement as CITY's sole remedies.
20. This instrument and its attachments constitute the
sole and only agreement of the parties hereto and
currently set 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.
21. No amendments to this Agreement shall be binding
on either party unless in writing and signed by both
"
parties.
F
22 '"Time is of the essence.
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' IN WITNESS WHEREOF, the parties hereto have caused this
t nt toexecuted by the respective officials-thereunto
uthorize this the day and year first above written.
ess SELLER:
Y
HP Corpo a i n
By; P��s;�6�►r
•am
of Himt
Trot 1 am north 31.3
fast of hot i in Wok p of Bha� • .
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subdivision accoAfte
to the flat thereof# ar PeooLft p at
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sook i # at Page 0 ,
of the Pablie Reaorde of badt County#
lio�rida.
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PROV11 I1rt1�ROV'�
tfsft Ih i� H'1'$ ANt 1�f1RTS2 IC�t
9
Theater structure of
_
10,851 6.9. gross adjusted floor area
_
or �nacefm�
HPhT Co"ORA*109
3.
pee -SITU
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$3e8,121
p.
.
NASIS OP dtfST COMPRNSATION1
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The City'* 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 Valve of the
subject property and is not less than appraisal made by a,
competent professional appraiser. The subject prVartt has
been respected by the Citr and by the independe-►t appraiser.
F;.
PAIR KhRM VN= 18 DBF=D We The price estimated is terms c
of money, which a property votdd bring if exposed for sale in
the ` mat with a reasonable tiae allowed iu which to find a
purchaser buying with a knowledge of all the uses and purposes x
.to which it ikdopted an of which it is capable.
aYW decrease or increase is the Pair Market valve of real
r rty to the date of valuation caused by the public
rovement for which the. propert is mogoire e = or, by the
li elihood that the propirtiy- would kwz—.•acquired --for-. such
r
Improvement, other that -due • to plq�ical' ;dgtetioiration
within the reasonable Control- of the:- owner, - has . , been; "=
disregardod in determining --the com"nsatioi& 46 to .proporty�
by the City and its appraiser.''
The City of Hiami • s ap rgisal "and ' dotiraination :of- ' just =,
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compensation do not refloat and► ; consideration of, Qr an
allowance. for, any relocation assistanci and ppaa nts Mhic�-
-the occupants, the owner or tenants aft entiti o receive',
under. Title II of the Vnifom ' Relocation Assistar►ce and Real- "
Property Acquisition Policies Act of 19700'
The ,following items are spsoificalL
i*�Q� in the
aforementioned approved appraisal and consideration for
the listed items is included -In the Just Compensation (set the
attached list); xrF.
.5. AL BT [ON OF VA1=1101f:
The following represents a summary of the'City's -offer tg""you
and the basis thereof,
REAL ESTATE_
LAND AND IMPROVEMENTS $386,121
TOTAL JUST COMPENSATION $3880121
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CITY bF MIAMi, PLoAICSA •
INTER -OFFICE MEMOAANCIUM
7d
: BATE : AUG 2 � 1��1 PILE
Honorable Mayor and Members
of the City Commission SUEJECt
K• Resolution Authorising
Acquisition one parcel
of Land in the Latin
PROM ; REFERENCES : Quarter
Cesar H Odio City Commission Agenda
/ ENCLOSURES:
li.. City Manager Item/September 12, 199
r`
RR1r0MMENDA'TION s
it is respectfully recommended that the City Commission adopt the
attached resolution authorizing the acquisition of one (1) parcel
of real property located in the. Little Havana area and within the
Latin Quarter district, for the purpose of developing a community
based cultural arts. facility. Based on a negotiated purchase
settlement with the property owner, a purchase offer in the total
amount of, $388,121 has been accepted by the property owner for
acquisition of said four parcels.
!: BACKGROUND:
On May 11, 1989, the City. Commission adopted Resolution 89-46.4
directing the City Manager tosetaside $2,000,000 to fund the
acquisition of lands in the Latin Quarter: district for- the
purpose of.developing through the Unified Development Process the
Latin Quarter Specialty Center Project.
The 1990-91 Capital Improvement Ordinance No. 10782, adopted
September-27, 1990 -appropriated $1,800,000 for the Latin Quarter.
L Specialty Center project and monies are available for the
proposed amount of the purchase contracts under Capital Project
No. 321038 of said Ordinance.
The Miami Department of Off-street Parking previously acquired in
1987 six lots (11-16 on block 104) fronting SW EighthStreet
between 14th and 15th Avenues as the initial acquisition of
properties necessary to build the Latin Quarter Specialty Center
and the parking garage needed to support the Center.
For the past fifteen months, the Department of Development has
conducted negotiations, based on property appraisals by State
,
certified land appraisers, with the remainder of property owners
on block`104 and Block 1 (south of 8th Street) to obtain purchase
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agreements for the balance of lands needed to construct the Latin
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Quarter Specialty Center as orginally proposed in the LAtAIl
Quarter Specialty. Phase III Final �1 Report . J 1987`
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i On November 8, 1990,'the City Commission adopted Resolution 90-
905 instructing the City Manager to set a time period of thirty
days to accept property owner proposals for sale of lands under'-..,
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Page. 2
Memogandum /40
Purchase authorization �-
of land in Latin Quarter
IF
negotiations. if such negotiations failed, the manager
J
purchase
was to proceed with identifying alternative similar sites
'
which a mixed -use project with ground level retail and cultural,
apartment/ condominium residential use could be
facilities and
built and schedule a public hearing on the issue.
The deadline of December 8th passed without the adni3nistrati6n
wfthin
obtaining from property owners agreements to sell
10% of sufficient lands to build
appraised fair market value plus
Latin Quarter Specialty Center thus }`
the originally configured
of the alternative mixed use development
necessitating pursuit
program.
Based on these negotiations, and within the budget permitted :by. NI
lands to implement
remaining funds allocated for purchasing of
for a mixed use project, the
the alternative development program
is the purchase of one parcel of
`
administration recommending
'
land, known as the Tower Theater, (lots 5'and north:37.2" of lot
the property
6 Block 2) adjacent.to the existing DOSP site as
for implementation of the
which optimizes public land investments
Latin Quarter Specialty Center concept.
1
Attachment:
Resolution
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�Ilt �b�i�) bENEbt MAY 20 1992 10:30 a.m.
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SAULSBURY PYRE EQUIPMENT CORP. see attached $ 17,250.00 ...
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iGlitiJi ADVERTISEMN'T
AN 14
N� yy 1 I
+ 1
Sealed beds , a received by the City of Miami City Clerk at
her office located at City Hall, 35g0 pan American Drive, Miami;,
Florida 33133 not later than 10,00 a.,m.. May. 20t.,_1992 for the
furnishing of a custom built, heavy duty Foam Bumper Apparatvg
for the Fire, Rescue and Inspection Services Department.
Bids submitted past such deadline and/or submitted to any other
location or office shall be deemed not responsive and will be
r rejected.
z Ordinance No. 10062, as amended, established a goal of Awarding
51% of the City's total dollar volume of all expenditures for All
{ Goods and Services to Black, Hispanic and Women Minority Business
Enterprises on an equal basis.
{- Minority and women vendors who are interested in submitting bids
and who are not registered with the City as minority or women
vendors are advised to contact the City Procurement Office, 1350
N.W. 20th Street, Second Floor, Telephone 575-5174.
Local preference may be applied to those vendors whose primary
' office is located in the City of Miami, provided the amount of
the bid or bids are not more than ten percent (10%) in excess of
the lnwp_sfi nthpr rpsnnnsible bidder(s1.
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