HomeMy WebLinkAboutR-91-0448J
J-91-514
6/20/91
91-- 448
RESOLUTION NO.
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 WITHIN THE LATIN QUARTER
AREA, AS MORE PARTICULARLY AND LEGALLY
DESCRIBED IN THE ATTACHED EXHIBIT "A", TO BE
USED FOR THE DEVELOPMENT OF SPECIALTY RETAIL
SERVICES, AFFORDABLE HOUSING, AND ASSOCIATED
USES; ALLOCATING FUNDS THEREFOR APPROPRIATED
UNDER FISCAL YEAR 90-91 CAPITAL IMPROVEMENT
ORDINANCE NO. 10782, ADOPTED SEPTEMBER 27,
1990, WHICH APPROPRIATED THE AMOUNT OF $1.8
MILLION FOR PROJECT N0, 321038 OF SAID
ORDINANCE, ENTITLED "THE LATIN QUARTER
SPECIALTY CENTER"; 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 exists a severe shortage of standard housing
in the City of Miami affordable to families and individuals of
low and moderate income; and
WHEREAS, there is also a need for specialty retail services
that convey architecturally and culturally the theme of old
Havana`as a means of economic and market development; and
WHEREAS, the Latin Quarter Specialty Center Study,
July, 1987, prepared for the Department of Off -Street Parking of
the City of Miami, Florida, established the need for and
feasibility of developing a mixed use residential and -retail
theme specialty center in Little Havana on Southwest Eighth
Street in the City of Miami, Florida; and
WHEREAS, the 1990-91 Capital Improvement Ordinance
No. 10782, adopted September 27, 1990, appropriated $1;-800,000
for the project entitled "The Latin Quarter Specialty Center" and
these monies are available in the proposed amount of the herein
contract under Capital Improvement Project No. 321038 in said
Ordinance; and
WHEREAS, the parcel identified for this acquisition is
located within the Latin Quarter on Southwest 8th Street and is
adequate for the development of the project; and
ATTAPURACKI-ro M
WHEREAS, once acquired, all assembled sites will be
developed under provisions of City Charter Section 29-A(c)
Unified Development- Projects, or will be made available to a not-
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Section 4. The City Attorney is hereby authorized to
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proceed to close on said property
after examination of the
abstract and confirmation of an Opinion of Title. If approved by
th City Attorney# the City Manager
is hereby authorizedl/ to
execute. the Agreement of Purchase and
Sales in substantially the
attached form, at the coat stated herein and to disburse said
money in accordance herewith.
Section S. This Resolution
shall become effective
immediately upon its adoption.
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PASSED AND ADOPTED this 20th
day of June 1991.
S
XAVIER L.
EZ, OR
ATT T:
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MATW HIRAI
CITY CLERK
CAPITAL IMPROVEMENT PROJECT REVIEW:
EDPARDO nPRIGUEZ
CIIjLPROJECT MANAGER
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PREPARED AND APPROVED BY:
IRMA M. ABELLA
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
JO E L. FE ANDEZ
CIT ATTORN
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IMA:bs M2299
The herein authorization is
further subject to-' the
compliance' withrequirements
that may be impQaed by the j°.
-
,all
City ,Attorney, in�cludinc- but not
limited to thos+a preacr .
by aFRI�.� b� a City Charter and Cods provisions. �
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EXHIBIT "An z
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PARCEL ADDRESS,
1435, 1453 and 1461
Southwoot 8th Street
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PROPERTY LEM DESCRtPTIONt
Lots il, 121 and 13, less
the south ten feet and
Lots 14, 15 and 16t less
the south ten feet, and
less the east six inches
Block 104t LAWRENCE ESTATES
LAND CO. SUBDIVISION
as recorded in Plat Book 20
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at Page 46, in the Public
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Records of Dade County, Florida
A
OWNER OF RECORD:
Department of Off -Street Parking
City of Miami, Florida
LAND AREA:
38,141 SF
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ACQUISITION COST:
$1,3371414
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MEMBER
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tVVM1tNT_6r PtJRCHAASE AND 8 `
THIS AGREEMENT entered into this day of
1991, by and between THE CITY OF MYAMi, fade
County, Florida, a municipal. corporation, hereinafter referred to
OF OPP-STREET PARKING OF T149 CITY
as "CITY" , and THE DEPARTMENT
OF MIAMI, FLORIOA,,an Agency and Instrumentality of the City o
Miami, Florida, hereinafter referred to as "SELLER".
W I T N E S S E T H:
WHEREAS, the SELLER is owner of land (real property) located
Florida, more fully described
in the City of Miami, Dade County,
1435, 1453 and 1461 Southwest 8th Street, Lots 11, 12, and 13
as
less the south ten feet and Lots 14, 15 and 16, less the,south
east six inches, Block 104, LAWRENCE
ten feet, and less the
ESTATES LAND CO. SUBDIVISION, as recorded in Flat Book 20 at
Florida; and
page 46, in the Fublic.Records of Dade County,
WHEREAS, as reflected in Resolution No. 91-448, adopted
Idesires to said property located
June 20, 1991,,the CITY purchase
1435, `1453 and 1461 Southwest 8th Street' for use in
at
conjunction with the Latin Quarter Specialty Center Project in,
the City of Miami;
NOW, THEREFORE, in consideration of the sum of One Hundred
good and valuable consideration, it
($100.00)`Dollars, and other
is hereby condenanted and agreed between the parties as :follows:'
1. In consideration of the CITY,paying the SELLER the sum
Thousand Four
of One Million Three Hundred Thirty -Seven';
`Fourteen($1',337,414�, the SELLER
Hundred and .Dollars
hall by General Warranty' Deed, convey` to the` CITY
1 t'tle free of liens and
good,` marketable and insurab e i , s
1 o ert (together
that certain
encumbrances, to ,rea pr p
improvements, hereditaments and,Appurtenance's
with ,the
attached thereto).
2. The.CITY pay 'the SELLER the sum of Three Hundred
hold
Thousand Dollars ($300"000), and.the SELLER shall
Y
a mortgaa variable_schedule.of payments_and,a
ge with
less than five. (5 j year$, as g
a ent _period of no :
p' theSeller and approved by, the, pity
determined. by
Manager "for the, sum of One ',Million Thirty" -Sever
Doll"ars
Thousand Four Hundred and Fourteen ($i.037,41'j
be held or given to others pursuant
minus any sums to
to the terms of this Agreement, by CITY want at tie
`fxm
s ,� fir,
ithin one -hundred and eighty (1$0)'das
closing. w
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the date of the 'execution of this Agreement'` by 'the `CITY =$
and SELLER.
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3. All taxes and assessments of �reco.rd. fob`. the.Ylp
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shall: be prorated as of the date o f ` c�.os3.Hq and'h,
be 'paf d' or satisfied by the SELLER prior to clos'l'ng•'
iow r�
4. All cs ti �.ed It'4pos, eneumbr nos ,andacharq „Q
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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 occura, 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, beginning on the date of
closing, 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,
inspections and appraisals.
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 of 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 of chemical contamination, or has been used as,a
garbage dump or landfill site, CITY may cancel this
Agreement. This Agreement is contingent upon the
property being free of contamination and as
represented. CITY shall have sixty (60) days from the
date of this Agreement 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.
This Agreement Shall be binding upon the heirs,
executors, administrators and assigns of the parties.
9.
This Agreement shall be governed according to the laws "r
of the State of Florida.
10.
The $100 deposit delivered to the SELLER at the time of -
execution of this Agreement shall act as a deposit on
this transaction and, upon closing, shall be credited
against the purchase price to be paid at time of -
_
closing. Ake.
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- 11.
If the closing does not take place on or before:
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December 20, 1991, this Agreement shall thereafter be
null and void,
12.
Within fifteen (15) days from date of execution of this
Agreement the SELLER shall cause to be delivered to the
CITY the abstract of title to the real 'property
brought tp the date hereof, u.
13.
Documentary Stamps and surtax can the deed and the, cost T
of recording any corrective instruments shall be'�►���
by SELLER.
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27,
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' tITY CF MIAMI, PLOA10A
INTIR•OFFIOE MEMORANDUM
n . honorable. Ma or and Members 0ATE JUN �jj t j 191
of they City Commission -
svwact Resolution Authorlikin
�. Acquisition of one (1
Parcel of Land in the
i�c wa �ERe a e$Latin Quarter area
Cesar It Od o City Com�ni9gion Agenda
city manager prune 20# 1091
ENCIOSUAtS.
ft=OM CH12A 1M t
it in respectfully recommended that the City Commission adopt the
attached revolution authorizing the acquisition of one (1) parcel
of real property totaling 38, 141 square feet` located in the
Latin Quarter. area, for the purpose of developing a mixed usd
specialty retail and affordable housing project. Used on a`
June, 1991 appraised value of $ i, 760, 000 and a negotiated'
purchase nottlement with the respective property owner, a
purchase offer in the total amount of 51,166,311 has boon`:
accepted by the property owner, the city of Miami Department of
Off -Street Parking ("DOSP„) for acquisition of said parcel.
3l�cJiSi�4SlilQ3.
On May i1, 1989, the City Commission adopted Resolution 891-464,
directing the City manager to set aside $2,0001000 to fund. tho
E acquisition of .lends in the Latin Quarter dietrl'ot for the
purpose of developing through the Un+;fied Development Process -the'
1 Latin Quarter Speclalty Center Project.
Tho. 1990,91 Capital pp mprovement ordinance -No. 10792,`adopted '
Se tember 27, 1990 a ropriated $1, 800, 000 for the Latin `Quarter
specialty Center project and monies are nvpilable for t1jsQ
proposed amount of the purchase contracts under Capital Project,
No. 321030 of said ordinance.
In A 987, the Miami Department of Offer -Street parking previously
acquired six lots (11-16 on block 104) fronting $•. W. ' Eight-h
i Street between 14th and 15th Avenues as .the initial ac4misi,tion'
't of properties necessary to build the Latin Quarter Specialty.'
Center and the parking garage needed to support the Center.
For the post twelve months, the Department of Do ve
lopment has
unsuccessfully conducted negotiations, based on pxopert .
appraisals by State certified land appraisers, with.the remali•ndex
of property owners on block 104 and Block 1 (south of 8th Street)".
to obtain purchase agreements for the balance of lands neeeded.to;
construct the Latin Quarter Specialty Center an originoliy
proposed in the Latin oua ter_s ity -
Phase ZII,..P.Ihti,aj,..Bf,i3,�S.«. >:
Ju ly $ 1987, x
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