HomeMy WebLinkAboutR-90-0101J-90-79
1/16/90
RESOLUTION NO. 90-0101
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
240 NORTHWEST 9TH STREET, MIAMI, FLORIDA,
FOR PRICES AS STATED HEREIN BETWEEN THE
CITY OF MIAMI ("PURCHASER") AND CALDWELL
BROOKS BARON, INC. AND TROPIC INVESTORS
GROUP 1, LTD. ("SELLER") FOR THE PURCHASE
AND SALE OF THE PROPERTY (MORE PARTICULARLY
DESCRIBED HEREIN), FOR THE TOTAL PURCHASE
PRICE OF $269,000, 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; SAID AUTHORIZATION BEING
CONDITIONED ON THE APPROPRIATION OF THE
NECESSARY FUNDS.
WHEREAS, the Department of Development 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 which the resulting appraised values being $232,937 and
$276,000, respectively; and
WHEREAS, through negotiation the Seller has agreed to an
offer of $269,000; 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:
CITY COMNiISSK3N
MEETING OF
FEB 7 199a
Section I. The City Manager is hereby authorized to execute
an agreement of purchase and sale,I 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 $269,000:
Seller Price Property
Caldwell Brooks Baron, $269,000 240 NW 9th Street
and Tropic Investors
Group 1, Ltd
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 7th day of February , 1990.
AXUUV--IERL- SUAREZ,,-MAYOR P
PREPARED AND APPROVED BY:
LINDA K. KEARSON
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
JO GE L. ANDEZ
CITY ATTORb1EY
CAPITAL IMPROVEMENTS
PROJECT REVIEW:
EZITAL
RODRIGUEZ
CIMPROVEMENTS
M
1 The herein authorization is further subject to compliances
with all requirements that may be imposed by the City
Attorney, including but not limited to those prescribed by
applicable City Charter and Code provisions.
94�1.
0
AGREEMENT OF PURCHASE AND SALE
PARCEL NO. 35-5
THIS AGREEMENT entered into this day of ,
1989 by and between THE CITY OF MIAMI, Dade County, Florida a
Municipal Corporation, hereinafter referred to as "CITY", and
Caldwell Brooks Baron, Inc. and Tropic Investors Group 1, Ltd.
whose property is currently located at 240 NW 9th Street
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 two hundred and sixty nine thousand dollars
($269,000) 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 aid,or satisfied b the SELLER priog to-
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4. All certified liens, encumbrances and charges of record
against the real property and all pending liens against
the 'real property shall be aid or satisfied by the
SELLER J c10SIru, Q(ocee js • ;/ /fo
5. The SELLER agrees that loss or damage to the property
by fire or other casualty, or acts of God, shall be at
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 occurs, there shall
be an adjustment of the purchase price, which
adjustment shall be determined solely by the CITY.
PAGE 1 OF 3
PARCEL No. 35-5
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 leave the right to enter upon the premises to be
conveyed for making studies, surveys, tests, soundingo,
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 laYed 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, pagtnership or trust,
SELLER hereby agrees to comply with Section 286.23
Florida Statutes by making a writtcjb 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.
:r't1. 9�
13. This Agreement may become voidable by the CITY a'ra-lie
Cl-T"-�—La-le--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 All Prope_r4yy part thereof. In the event that
the CITY/ deterthinep there is any hazardous material,
waste or toxic substance found in or on the Property,
the CITY, as an alternative to voiding this Agreement,
may take any corrective actions necessary to remove or
eliminate such hazardous material, waste or toxic
substance and the SELLER shall either pay for such
removal or elimination or deduct the cost of the same `
from the purchase price 1.4 c'1/. <<v -f ` `A. (-+io c27', ci(� r- `� � F
e�c �'f tit �' �K (� � f r/.. 4.(._I,.) �•...�- 4%',1".,f '
14. This instrument Find its attachments constitute the sole
and only Agreement of the parties hereto relating t �•�
said services and correctly sets forth the rights,
duties, and obligations of each to the other. as of It 9
flat.P. Any priear agr'(.einr:nkg, promisees, negotialArinr, ow
representat iono w3l: exprass ly aia. 11*or 1.11 ill 1 It is
Agreement are of no force or. effect.
PAGE 2 OF 3 90-0iolL
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PARCEL No. 35-5
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:
B rrs�/
Witnesses: (two required) y
A,
(64,r� /n••4w) 7'r�pi l •fves-Arl.,Grovj / 1-1v
-/—� a k-L=-
As to an individual
ATTEST:
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
-2-M j
PARCEL, NO. 3 5 --5
t
MEj
EXHIBIT A
a;
CITY OF MIAMI
a
SOUTHEAST OVERTOWN/PARK WEST
-`
REDEVELOPMENT PROJECT
-=
STATEMENT OF JUST COMPENSATION
-r
1. PROPERTY DESCRIPTION:
Lots 5 and 6, of Block 35N, City of Miami North a subdivision
=r
according to the Plat thereof, as recorded in Plat Book B, at
Page 41, of the Public Records of Dade County, Florida.
2. OWNERS OF RECORDS:
Caldwell Brooks Baron, Inc. &
_�.
Tropic Investors Group 1, Ltd.
3. FEE SIMPLE:
$269,000
--'
4. BASIS OF JUST COMPENSATION:
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
�i
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 con —ems d+eration for
the listed items is included in the Just Compensation (see
-=
the attached list).
90-0101
_�i
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM CAIM1.7
TO: Honorable Mayor and Members
of the City Commission
A,e�
FROM: Cesar H. Odio
City Manager
RECOMMENDATION:
DATE : +AN 3 0 1990 FILE
Agreement of Purchase
sua,ECT : and Sale
REFERENCEWor Commission Meeting
of February 8, 1989
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 240 NW 9th Street, in substantially the
form attached, between the City of Miami ("Purchaser") and Caldwell
Brooks Baron, Inc. and Tropic Investors Group 1, Ltd ("Seller"), for
the total price of $269,000.
BACKGROUND:
The Department of ,Development recommends the execution of an
agreement to purchase land owned by Caldwell Brooks Baron, Inc. and.
Tropic Investors Group 1, Ltd at the negotiated price of $269,000.
The Department of Development 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 ANCLA Realty, Inc. of which the
resulting appraised values were $232,937 and $276,000 respectively.
The funds for the acquisition of the subject property are
appropriated in Capital Project No. 322057 entitled "Southeast
Overtown/Park West Phase II".
Attachmentst
Proposed Resolution
Agreement of Purchase and Sale
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM CA=19
TO The Honorable Mayor and Members
of t _ City Commission
FROM Cesar H. Odio
City Manager
Recommendation:
DATE i AN 3 01990 FILE
SU6JECr: Resolution Rescinding the
Appointment of Jose
Villalobos to the Citywide
REFERENCECommun i ty Development
Advisory Board
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the
attached resolution. The proposed resolution provides for
rescinding the appointment of Mr. Jose Villalobos to the Citywide
Community Development Advisory Board.
Backgrounds
The Department of Community Development is submitting the
attached legislation for your consideration. On January 11, 1990
the City Commission appointed Mr. Jose Villalobos as a member of
the Citywide Community Development Advisory Board. At the
request of Commissioner Miriam Alonso, the appointment should be
rescinded because Mr. Villalobos is unable.to serve on the Board.
Attachment
P70 5