HomeMy WebLinkAboutR-90-0111W1
J-90-217
2/7/90
RESOLUTION NO.
90-0111.
A RESOLUTION REJECTING THE COUNTEROFFER
PROPOSED BY THE BROTHERS OF THE GOOD
SHEPHERD, INC. ("BROTHERS") FOR THE
ACQUISITION OF THE LEASEHOLD INTEREST IN THE
PROPERTY GENERALLY LOCATED AT 700-728
NORTHEAST FIRST AVENUE, MIAMI, FLORIDA, AND
THE FEE SIMPLE INTEREST IN THE PROPERTY
GENERALLY LOCATED 732-740 NORTHEAST FIRST
AVENUE, MIAMI, FLORIDA (COLLECTIVELY REFERRED
TO AS "CAMILLUS HOUSE"); FURTHER, OFFERING TO
PURCHASE CAMILLUS HOUSE FOR $1.2 MILLION WITH
THE STIPULATIONS THAT CAMILLUS HOUSE HAS TO
BE CLOSED WITHIN EIGHTEEN (18) MONTHS OF THE
ACQUISITION DATE AND THAT ALL COSTS
ASSOCIATED WITH THE REMOVAL, OF ENVIRONMENTAL
CONTAMINATION, IF ANY, SHALL BE BORNE BY THE
BROTHERS.
WHEREAS, on February 23, 1989, the City Commission
authorized the City Manager to make an offer and execute an
Agreement of Purchase and Sale ("the Agreement") with the
Brothers of the Good Shepherd, Inc. ("Brothers") for the
acquisition of the leasehold interest in the property generally
located at 700-728 Northeast First Avenue, Miami, Florida, and
the fee simple interest in the property generally located at 732-
740 Northeast First Avenue, Miami, Florida, (collectively
referred to as "Camillus House"), to include $1.2 million for the
fee and $300,000 for the leasehold in addition to a Social
Services Grant in the amount of $500,000; and
WHEREAS, in August, 1989, the Brothers submitted the
executed Agreement and an Addendum to the same requiring, inter
alia, that the City assume the costs for the removal of
environmental contamination, if any, at Camillus House; and
WHEREAS, such Addendum constitutes a counteroffer to the
City's offer thereby requiring acceptance by the City of said
counteroffer;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA;
CITY COMMISSION
MEETING OF
FEB 7 1990
m ,90-0111
AW
Section 1. The reoitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The counteroffer proposed by the Brothers of the
Good Shepherd, Ino. for the acquisition of the leasehold interest
in the property generally, located at 700-728 Northeast First
Avenue, Miami, Florida, and the fee simple interest in the
property generally located at 732-740 Northeast First Avenue,
Miami, Florida, (oolleotively referred to as "Camillus House"),
is hereby rejected.
Section 3. The City hereby offers to purchase the subject
property for $1.2 million subject to the stipulations, that
Camillus House is to be closed within eighteen (18) months of the
acquisition date and that all costs associated with the removal
of environmental contamination, if any, shall be borne by the
Brothers.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 7th day of Februa&ry , lie .
0.1
A' ZXAVIER L. E�qZ, Mayor
DMITY HIRAI
City Clerk
PREPARED AND APPROVED BY:
Z-.aa�- /(�X�0"L�—
LINDA K. KEARSON
Assistant City Attorney
APPROVED AS TO FORK AND
CORRECTNESS:
LKK/pb/M1398
.TATJ _? z9 $,
1 1_"W D c .
W
CITY OF MIAW €LOR10A
INTER -OFFICE MWORANQUM
To Honorable Mator and MAMbere
of the City commission
�.
PA00MA a rge� er udez
city Attofte
r
GATE January 31, 1000 -v!
sueuiGT Rosolution gxeoution ofuanoAddendrizing he Addendum
to the Agreement of
Purohaee and gale for the
REFERENCES Camillux Mouse Aoquisition
ENCLOSUAIS .
It is raeSpeotful.iy recommended that the City CommiBBLOn
+ adopt the a�ttaohed Resolution authorizing the City Manager to
execute an
'Addendum to the. Agreement of Purchase and Sale with
the Brotherm of the Good Shepherd, Ino. for the acqui4ltioa of
the fee simple interest in Lots 1, a, 3 of Blook 43 and the
leasehold interest in Lots ig and 20 of Biook 43 for the property
looated at 700-726 northeast First Avenue, Miami. Florida
(aommouly known as *Camillus House').
�!e�y►gtfiii�►
.On February 23, 19d0 the City Commission authorized the City
Manager to make an offer and execute an Agreement of Purchase and
Sale with the Brothers of the Good Shepherd, Inc. (hereinafter
"the Agreement"), for the acquisition of the fee simple interest
and leasehold interest to the property looated at 700-728
Northeast First Avenue Miami, Florida. The City Commission
proterred ppn offer of $1.2 Million for the tee simple interest
and $300.000 for the leasehold interest.
In August, 1989 the Brothers of the Good Shepherd. Inc.
submitted the executed Agreement and an Addendum W the en►mp for
execution -'by the City. The Addendum revised and amended the
Agreement in several respects. the most significant of whioh As
the modification to paragraph 21(b) of the Agreement. The
original version of paragraph allb' requires the Brothers to pay
for the rdmoval or elimination of hazardous zaterial. Waste c:•
toxio substanoe or deduct the oast of the same from the PUTOaa®9
Price in the event such oontamination material is found on the
property in question. Conversely, the Addendum requires the City
to bear the oast for. any corrective aotion neoeeeary to remove or
eliminate contamination on the property.
Until such time as an environmental assessment is oonduoted
and a determination Is made as to the nature and extent of
oolntamination on the property. it any, the oont of removal or
elimination is an unknown variable.
r�Li�/�Cd{!p3?/P�t48
Attaobme�+�
� .. UJ