HomeMy WebLinkAboutR-90-0870J-90-906
10/12/90
RESOLUTION NO. 9 0- 870
A RESOLUTION, WITH ATTACHMENTS,
AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT OF PURCHASE AND SALE, FOR
THE PROPERTY LOCATED AT 815-817 N.W. 2ND
AVENUE, IN SUBSTANTIALLY THE FORM
ATTACHED, AND SUBJECT TO THE CITY
ATTORNEY'S APPROVAL AS TO FORM AND
CORRECTNESS FOR PRICES AS STATED HEREIN
BETWEEN THE CITY OF MIAMI ("PURCHASER")
AND ADRIANA FANUELE, ("SELLER") FOR THE
PURCHASE AND SALE OF THE PROPERTY (MORE
PARTICULARLY DESCRIBED HEREIN), FOR THE
TOTAL PURCHASE PRICE OF $91,500 WITH
FUNDS FOR THE ACQUISITION OF SAID
PROPERTY BEING 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
TRANSACTIONS 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 said property, were prepared by
Ralph Ross Real Estate Co., Inc. and Moses Florence, Inc. with which
the resulting appraised values being $99,145 and $70,000,
respectively; and
WHEREAS, through negotiation the Seller has agreed to an offer
of $91,500; and
WHEREAS, funds for the acquisition of property are 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:
ATTACHMENTS
CONTAINED
CITY COMMISSION
MEETING OF
N O V 8 1990
MOM" "90- 8701
J-90-906
10/12/90
RESOLUTION NO. 9 0- 870
A RESOLUTION, WITH ATTACHMENTS,
AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT OF PURCHASE AND SALE, FOR
THE PROPERTY LOCATED AT 815-817 N.W. 2ND
AVENUE, IN SUBSTANTIALLY THE FORM
ATTACHED, AND SUBJECT TO THE CITY
ATTORNEY'S APPROVAL AS TO FORM AND
CORRECTNESS FOR PRICES AS STATED HEREIN
BETWEEN THE CITY OF MIAMI ("PURCHASER")
AND ADRIANA FANUELE, ("SELLER") FOR THE
PURCHASE AND SALE OF THE PROPERTY (MORE
PARTICULARLY DESCRIBED HEREIN), FOR THE
TOTAL PURCHASE PRICE OF $91,500 WITH
FUNDS FOR THE ACQUISITION OF SAID
PROPERTY BEING 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
TRANSACTIONS 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 said property, were prepared by
Ralph Ross Real Estate Co., Inc. and Moses Florence, Inc. with which
the resulting appraised values being $99,145 and $70,000,
respectively; and
WHEREAS, through negotiation the Seller has agreed to an offer
of $91,500; and
WHEREAS, funds for the acquisition of property are 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:
ACHMENTS
j CONTAINED
CITY COMMISSION
MEETING OF
N 0 V 8 1990
I Ims"90- 8701
Section 1. The City Manager is hereby authorized to execute an
Agreement of Purchase and Sale, subject to approval by the City
Attorney as to form and correctness, in substantially the attached
form, for price as stated herein, between the City of Miami
("Purchaser") and the following ("Seller") for the purchase and sale
of the property as described herein for the total purchase price of
$91,500.
Seller Price Property
Adriana Fanuele $91,500 815-817 NW 2nd Avenue
Section 2. Funds for the acquisition of said property are
' hereby appropriated in Capital Project No. 322057 entitled,
"Southeast Overtown/Park West Phase II.
Section 3. The City Attorney is hereby authorized to take
whatever steps necessary to close the transactions with the sellers
as early as practicable.
Section 4. This Resolution shall become effective immediately
upon its adoption.
PASSED AND ADOPTED this 8th day of Nov
ATTEST:
MATTY MRAI, CITY CLERK
PREPARED AND APPROVED BY:
IP
LINDA KF�A ON
ASSISTANT C Y ATTORNEY
XAVIER L.
SM211
, 1990.
CAPITAL IMPROVEMENTS PROJECT
REVIEW:
EDUAR 0 RODRIMJEZ/
CAPIT ROVEMENTS MANAGER
--------- - - -- -- -- - 'I'NESS
-2- 90- 870
46
AGREEMENT OF PURCHASE AND SALE
PARCEL NO. 26-4
THIS AGREEMENT entered into this day of ,
1990 by and between THE CITY OF MIAMI, Dade County, Florida a
Municipal Corporation, hereinafter referred to as "CITY", and
Adriana Fanuele whose property is currently located at 815 - 817
NW 2nd Avenue 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 Folklife Village.
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 ninety one thousand five hundred dollars ($91,500)
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 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 for the
year 1990, 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 in the event that such loss or
damage occurs, there shall be an adjustment of the
purchase price, which adjustment shall be determined by
the City and the Seller in agreement.
PAGE 1 OF 3
3
90- 870
a `10b***)
PARCEL No. 26-4
6. Title to the property shall be delivered to the CITY on
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.
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 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. This Agreement may become voidable by the CITY, at the
CITY's sole discretion, in the event that any hazardous
material (including, but not limited to asbestos),
waste or toxic substance is stored or found in or on
the Property of any part thereof.
Iaste 'c substance found in or a Propert
he CITY, as an ative to ing this Agreemen
ay take any corrective necessary to remove
liminate such h ous mfter aste or tox
ubstance a e SELLER shall either su
/ a�c�t�-or��dedtrvro�►�rhe�aa
14. This instrument and its attachments constitute the sole
and only Agreement of the parties hereto relating to
said services and correctly sets 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.
PAGE 2 OF 3
oik
I
PARCEL No. 26-_4
15. No amendments to this Agreement shall be binding on
either party unless in writing and signed by both
parties.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the respective officials thereunto
duly authorized, this the day and year first above written.
SELLER: Z' n
Witnesses: (two required)
7iC-A2..mo GOLD/`^Ati
ATTEST:
By ww�
-It7��f-
CITY OF MIAMI, a Municipal
Corporation of the State of
Florida
By
MATTY HIRAI CESAR H. ODIO
CITY CLERK CITY MANAGER
APPROVED AS TO
FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
PAGE 3 OF 3
90-- 870
PARCEL NO. 26-4
v
CITY OF MIAMI
SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT PROJECT
.ze. oz
The South 10 feet of Lot 36 and the North 20 feet of Lot 37
of P.W. White ReSub of Block 36N a subdivision according to
the Plat thereof, as recorded in Plat Book B, at Page 34, of
the Public Records of Dade County, Florida.
2. OWNERS OF RECORDS:
A. FANUELE, as trustee under a Florida Land Trust Agreement
dated September 1st, 1989.
3. FEE SIMPLE:
$91,500
MMAMIque work,
The City's 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 Value of
the subject property and is not less than appraisal made by a
competent professional appraiser. The subject property has
been inspected by the City and by the independent appraiser.
FAIR MARKET VALUE IS DEFINED AS: The price estimated in
terms of money, which a property would bring if exposed for
sale in the market with a reasonable time allowed in which to
find a purchaser buying with the knowledge of all the uses
and purposes to which it is adopted and of which it is
capable.
Any decrease or increase in the Fair Market Value of real
property to the date of valuation caused by the public
improvement for which such property is acquired, or by the
likelihood that the property would be acquired for such
improvement, other than that due to physical deterioration
within the reasonable control of the owner, has been
disregarded in determining the compensation for the property
by the City and its appraiser.
The City of Miami's appraisal and determination of just
compensation do not reflect any consideration of, or any
allowance for, any relocation assistance and payments which
the occupants, the owner or tenants, are entitled to receive
under Title II of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970.
The following items are specifically included in the
aforementioned approved appraisal and the consideration for
the listed items is included in the Just Compensation (see
the attached list).
90-r 870
t
PARCEL NO. 26-4
5. ALLOCATInN OF VALUATION:
The following represents a summary of the City's offer to you
and the basis thereof.
REAL ESTATE:
LAND/IMPROVEMENTS $91,500
TOTAL JUST COMPENSATION $91,500
90- 870
CITY OF MIAMI, FLORIDA 23
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members DATE CLT ( 2 FILE So
of the City Commission OCT
I 3 Q 1990
SUBJECT Agreement of Purchase
A� and Sale
FROM Cesar H. Odio REFEREtiCES For Commission Meeting
City Manager of November 8, 1990
ENCLOSURES
It is respectfully recommended that the City Commission adopt the
attached Resolution to execute an Agreement of Purchase and Sale,
for the property located at 815-817 NW 2nd Avenue, in
substantially the form attached, and subject to the City
Attorney's approval as to form and correctness, between the City
of Miami ("Purchaser") and Adriana Fanuele ("Seller"), for the
total price of $91,500.
The Development Division of the Department of Development and
Housing Conservation recommends the execution of an agreement to
purchase land owned by Adriana Fanuele at the negotiated price
of $91,500.
The Development Division has aggressively begun development
within the Historic Overtown Village area, which is a component
of the Southeast Overtown/Park West Redevelopment Project. The
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 (2) independent appraisals, for said property, were
prepared by Ralph Ross Real Estate Co., Inc. and Moses Florence,
Inc. of which the resulting appraised values were $99,145 and
$70,000 respectively.
The funds for the acquisition of the subject property are
appropriated in Capital Project No. 322057 entitled "Southeast
Overtown/Park West Phase II."
Attachments:
Proposed Resolution
Agreement of Purchase and Sale