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HomeMy WebLinkAboutR-91-0430r s' RESOLUTION No. 91 4 3 0 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN 'AGREEMENT OF PURCHASE AND SALE, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PROPERTY LOCATED AT 269 NORTHWEST 8TH STREET, MIAMI, FLORIDA, BETWEEN THE CITY OF MIAMI AND MARGARET BROWN, FOR THE PURCHASE AND SALE OF THE PROPERTY (MORE PARTICULARLY DESCRIBED HEREIN), AT THE TOTAL PURCHASE PRICE OF $1251000, 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, the Development Division of the Department of Development and Housing Conservation has initiated 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 by Ralph Ross Real Estate Co., Inc., and ANCLA Realty, Inc. with the resulting appraisedr values being $133,350 and $113,500, respectively; and WHEREAS, through negotiation the property owner has agreed to an offer of $125,000; 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. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in' thi. Section`.' xn to fokmt for prices an stated herein between. the City of Miami and the property owner, Margaret Brown# for the purchase and sale of the following property at the total purchase price of $125,000t 269 Northwest Sth Street, Miami, Florida. Section 3. Funds for the acquisition of said property are hereby allocated from funds appropriated in Capital Project No. 322057 entitled, "Southeast Overtown/Park West Phase II." Section 4. The City Attorney is hereby authorized to take whatever steps are necessary to close the transaction with the property owener as early as practicable. Section 5. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 20th day of June , 1991, ATT T - XAVIER L S EZ , `M&YOR' MAT Y HIRAI City Clerk _ PREPARED AND'APPROVED'BY: CAPITAL IMPROVEMENTS'PROJECT_ REVIEW: LINDA K. K SON ED DO 40DRI QAEZ' Assistant City torney CAPITAL 114PROMEITS MANAGER`. APPROVED AS' TO` FORM AND CORRECTNESS: E L. ERNANDEZ City Atto ney r, LKK/pb/M2289 w 1 The herein authorization is further subject to compliance all requirements that may be unposed by the Ciy A�ttc�ney ; including but not limited to those prescribed by appiicab�a City Charter and Code provisions, , z ' WR2w t�{yS^1k 11 7-3 THIS AGREEMENT entered into this ___. day of PARCEL NO, 3 6. Title to the property shall be delivered to the CITY on e the date of closing. Beginning on the date of closing, 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. B. 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 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. a 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 . 'pis -free-­­of 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 to and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any., prior agreements, promises, negotiations, or representations s not •expressly set forth in this Agreement are of n force or effect. ,r PAGE 2 OF 3 A' - H+ ` s*..5 3 �ryT• " s - ,s� �y, x� r5� Q { - _ - _ - ., , .+.....•.....e+ap6CgPY41tASFtA k i t 1" PARCPL Nth CITY OF MIA1M11 Sdt)THEAST .©VERTOWN/PARK WEST REDREDEV ELdPMENT PR039CT gATION _ 1. p1OPERm bESCRiP Ali dock 35 of Miami North subdivision as recorded in Lot 12 of 41 of the Public Records of Dade County Mat Book B at Page Florida. 2, nwNFAS Off' RECORDSs Margaret Brown — $125,000 4. n n e T g OF JUSm ("nMAF*3S TA I0 st the fulere is therei tount of ube Cit 's offer represents l amo The Y all int t and Compensation for the proper Y arket Value 0 - based on tthanaar ., ac wired. This offer is raisal made. by a and is not less P —. • property the subject prop The subject property, has 'professional appraiser. raiser. app i competent and by the independent been inspected by the City AS: The price estimated in FAIR MARKET VALUE IS DEFINED if ex osed,,for a property.would bring P terms of `:money, which with a reasonable time allowed In which to sale in,the market `buying with the knowledge of all the uses it find a purchaser it _is adopted and of which ' and purposes to which capable. or increase in the Fair Market Value of real de the 'public atx Any crease property to the date of valuation is acquired,' 'or , by, improvement for which such err would be acquired for " such likelihood that the prop Y sical deterioration due to PhY improvement, other than ,that has' --been: - control of the owner,::Pr ert within the reasonable the compensation for the p P Y in' determining = disregarded the City and its appraiser. -k _ by aPP raisal and determination of Of Miami's The City consideration. 'of or ;any compensation do not reflect any a is Which4r assistance and paym n all for, any relocation the occupants, the owner or tenants, `are entitled toreceive Assistance and Rta under Title II of the Uniform Relocation of 1970' property Acquisition Policies Act specifically The following items are y appraisal aid the consders►tion f� ;k 44 k ser orementic�nQd approved } of in the Jest Gca ipe sation x merit is in lu fled +FPS "the d - item }7 a. Lj 1 i8t, 1 ". he at. N £{ # 76 �t .' PARCEL MIititkni.t OM is I I the City` of far to you The c�11 wi ►r r pr refit ► summary artd the babi thereof i s ., RpAL ESTATES LANb and NiRb EMEN'S $i5,'00 TOTAL JUST COMPENSATION i$125,000 t, ry .. 4 Y ytn} t¢� e r #, � n �N r I r I - K A I f"T A i � � 2 s r It k yry� _ 4T qCq .�.� scr%•hc` r z t (`r <k„ico2 t # � � trx t.4.vi rc0 CMY CAP MIAMI, FLOA10A INTER -OFFICE MEMORANDUM x _ BATE : SUN 1 11991 FILE -. Honorable Mayor and Members of the City Commission SuBJEct : Agreement of Purchase and Sale �RtlM : REFERENCES I=NCE5 : Por Commission Meeting of Cesar H i Oda. City Manages ENCLOSURES: ,dune 20, 19,91 : It is respectfully recommended that the City Commission adopt the. attached Resolution to execute an Agreement of Purchase and Sale, in substantially for the property located at 269 NW 6th Street, the form attached, and subject to the City Attorneys -approval as to form and correctness, between the City of Miami ("Purchaser") and Margaret Brown ("Seller"), for the total price of $125,000 AACKGROUND : The Development Division of the Department of Development and `to Housing Conservation recommends the execution of an agreement purchase land owned by Margaret Brown at the negotiated price of • $125,000. r The Development,, Division has aggressively begun development r: within the Historic Overtown Village area, which is a component. j of the, .,Southeast, Overtown/Park_ West Redevelopment Project:' Tlie. 3y subject property to be acquired is located within the boundaries, of-'the->Overtown Historic Village (Village). The: -.City contracted with`.:two (2) independent appraisers to provide a fair market estimate for the above -mentioned property. �• The: two. .:,independent appraisals, for°:said property, were (2) prepared by Ralph Ross Real Estate Co., Inc. and ANCLA Realty, Inc. of_, which, the ` resulting PP 133appraised values were, $, 350 and $1131500 respectively. The. funds for the acquisition of the subject property are " im :,Capital Project No. 322057 entitled "Southeast P appropriated, 7 Overtown/Park West Phase II." r Attachments: 7. ,.-.Proposed : Resolution Y r. Agreement of Purchase and Sale s ais R Y 4 1 �