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Home My WebLink AboutR-91-04290-91-440 6/11/91 RESOLUTION NO. . 4 29 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT CE PURCHASE AND SALE, IN SUBSTANTIALLY THE ATTACHED FORM, POR THE PROPERTY LOCATED AT 901 NORTHWEST 3RD AVENUE AND 909 NORTHWEST 2ND COURT, MIAMtt FLORIDA, FOR PRICES AS STATED HEREIN BETWEEN THE CITY OF MIAMI AND MICKENS PROPERTY, INC., FOR THE PURCHASE AND SALE OF THE PROPERTY (MORE PARTICULARLY DESCRIBED HEREIN), AT THE TOTAL PURCHASE PRICE OF $225,5001 WITH FUNDS FOR THE ACQUISITION OF SAID PROPERTY HAVING BEEN APPROPRIATED IN CAPITAL IMPROVEMENT PROJECT NO. 322057, ENTITLED"SOUTHEAST OVERTOWN/PARK WEST PHASE II", 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 TRANSACTION WITH THE SELLER AS EARLY AS PRACTICABLE. WHEREAS, Development the Development Division of the Department and Housing Conservation has initiated of the development of the Historic Village located within the Southeast Overtown/Park West Redevelopment Project; and WHEREAS, the City contracted with two independent appraisers and two independent appraisals for the herein property were prepared separately by Moses C. Florence, CRA and Appraisal First with the resulting appraised values being $205,000'and $186,000, respectively; and WHEREAS, through negotiation the property; owner has agreed. to`a total offer of $225,500; and WHEREAS, funds for the acquisition of the herein property have been appropriated in Capital Improvement Project No. 322057, entitled"Southeast Overtown/Park West Phase II NOW,'THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Te recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and Incorporated herein as if:' fully set # ' th in this Section : AI i HL;hmtti 16 CONTAINED i r, AGREEMENT OF PURCHASE OF SALE THIS AGREEMENT entered into this day of ,��= , 1991 by and between THE CITY Or MIAMI ► Dade �Count #a.o FlOrYd& a Municlpal`Corporation, hereinafter referr and Municipal kins Properties, Inc. whose property is currently- located at 909 N.W. -1nd hereinafter referred to as - "SELLER". W I T N E S S E T R: WHER, EAS the SETTLER is owner of that real property more rt attached hereto and made a pa fully described on Exhibit "All hereof, and WHEREAS, the CITY desires to purchase said property •for uae in conjunction with the Southeast Overtown/Park West Redevelopment Plan, and the Overtown Historic Folklife Village11 . NOW, THEREFORE, it is hereby covenanted and agreed between the parties as follows: 1. In consideration of the CITY paying the SELLER the sun of one hundred three thousand dollars ($1031000) (and if this agreement is executed by the parties within 60days � of receipt, a bonus of an additional shall by General Warranty Deed $10,300),the SELLER 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 which are legally described .on - Exhibit A attached hereto, and made a part hereof.; 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'sixty, (60) days from the date of the execution-- of-= this Agreement by the CITY 'and SELLER. The CITY will sign the agreement within -ten (10) days of the City Commission approval of this contract: 3. All past due real estate taxes shall be paid by the SELLER.All taxes and assessments _of record,:', f orthe year 1991, 'shall be prorated as of the date of closa.rig and shall be paid or satisfied by. the. SELLER prorrfta closing. s 4. All certified liens, encumbrances and charges;9f..,rec4rd against the ,real property and all pending liens. against the real property shall be paid or satisfied by the SELLER prior to closing. - r 5. The SELLER agrees that in the event that such" lose or damage occurs, there shall be an adjustment hich adjustment shall be determined by i purchase price, w f the CITY and the Seller in agreement: i s f t PARCEL No. 7. if the abstract of title to be obtained by the CITE` does not meet the requirements set forth in Paragraph 1 and if defects in the title cannot be cured by '6rd1M'ry means, then the SELLER agrees to cooperate with and assist the CITE' and bade County to acquire titI6 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. 8. If the SELLER is a corporation, partnership or trAst, 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 payments under the Uniform Relocation Payment Act, it is 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`' of the State of Florida. 12. 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 is free of environmental contamination including any hazardous A material (including but not limited to asbestos), waste: 0 or toxic substances.- 14. This instrument and its attachments constitute:the sole; and only Agreement of the parties hereto to and` correctly set forth the rights, duties,,and•obl gations 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 r force or effect. a. 15. No amendments to this Agreement shall be binding either party unless in 'writing and signed by. both: s` Parties. PAGE 2 OF 3 s s r f _I i t ti T { t � $ PARCHL NO. k Yg r 'h� r�i�t�win �1110aky of the 'Utf j Off+� -And the bade therdef ` W1 nSTATS 3psi LAND gnd IMpROVOMENTS $113 300 TOTAL JUST CoMpSNSAh l $1134306" t>x i z SO tt � P tit � a $g F , . VXK it Olt �r }U rnow • f r _ -it to TWA an C t t T iMnc not y p{ ON 00 a too; t OF ' i F "Oil �`4 r p a i ,Y c tci � x,, � �•�� y�xd'��' t OutCie 7+ n k rt' 'kF*.'#y�'{^�} t�yy.�4. "p��,rl�'.v�;^'• WITY a.rPahy n _? ,• .. _ d ,.....tons, _, �••�,. .. pal.�1 `r :'..d'..t f �• t`;s xF•aq+ 4"sftt'-,�;�59`i y dr. • -r.vY -A MUM Onk -. 1 _ . .a .. .. .... • . .k.,.�iNMI. t f � AGREEMENT OF PURCHASE OF SALE THIS AGREEMENT entered into this . day of ,y,y,�,r 1951 'by and between .THE CITY OF MIAMI, Dade County, Fly r�a'i Municipal Corporation, hereinafter referred to as "CITY"� end Mickins Properties, Inc. whose property is currently located at 9.01 N..W..3 h_ayy-enue hereinafter referred to as "SELLER". W I T N E S S E T H: WHEREAS, the SELLER is owner of that real property more 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, and the Overtown Historic FolklifeVillage. NOW, THEREFORE, it is hereby covenanted and agreed between the parties as follows: 1.• In consideration of the CITY paying the SELLER the sum` of one hundred two thousand dollars ($102,000)(and if this agreement is executed by the parties within 60days of receipt, a bonus of an additional $10,200), the SELLER ishall 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 which are legally described on Exhibit A'., I attached hereto, and made.a part hereof. 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 sixty (60) 'days : from -the date ` of the execution '-.of _ this Agreement ` by the CITY and- SELLER. The CITY : will sign the agreement within ten (10) days of the City Commission approval.of this contract. 3. All past due real estate taxes shall be paid by he-,, 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 satisfied by .the: SELLER prior to closing. ,. 4. All certified liens, encumbrances and charges,of record against the `real property and all peed n%`liens against. the :real, -property shall be paid or satisfied by the ` SELLER prior to closing. E S. The SELLER agreesthat:in'the�event that .such los agrees s oat., damage' occurs, there shall be an adjustment.. of thy" purchase price, which adjustment shall be determined by the CITY and the Seiler in agreement. 6. Title to the property shall be delivered to the CITY 6n the date of closing. Beginning on the date of the CITY shall have the right to commence C0114atl,04 6 rent from any party(s) occupying the subject �rops�t However, from and after the execution of th instrument, the CITY ,its agents, and its ` contrs�t�►rs �: shall have the right to enter upon the premises : tb its V conveyed for making studies, surveys, tests sod.gs,,'u and eppraisalo R = f 5x ? zq 3l•' k i v t , �x}t. .,.-. r. ^�: .. .t-..:...' .' .... _'. .: _ .. .: ...- ... .. ....--_,. ., -. r•. it ... A nor � �in.-iil�3�-e'•59+��".M� �NY kx 4 } t 1 . PARCEL NO. CITY OF MIANt 50fJTH91�5T OVERT0�1N/PARK WEST ,.. . fkEDE'V'ttbPMENT PROJECT ST CQM15 NgATION s +CT�M 1.'1�T Off" - g , PROPERTY.DESCRIRTI.ON: k.. Lots 44'and 45 o'Block 26 City of Miami North subdivision as recorded in Plat Book B at Page 34 of the Public Records -of Dade County Florida. 2. OWNERS OF RECOR S: Mickins Property, Inc. 3. FEE SIMPT E: $112,200 4 . BAS T S OF JUST COMPENSATION - The City's offer represents the full amount of Just Compensation for the property and all interests therein to be x acquired. This offer is based on the Fair Market Value of - the -subject property and is not less than appraisal made competent professional appraiser. The subject property has' been inspected by the City and by the independent appraiser. ikn_ mu- ..,.,.4e ectimatorl"- in