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HomeMy WebLinkAboutR-89-0903J-89-902 10/3/89 RESOLUTION NO. 89`_' 903- A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO MAKE OFFERS AND EXECUTE PURCHASE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE PROPERTY OWNERS FOR ACQUISITION OF SIX PARCELS (PARCEL NO'S. 05-09, 05-10, 03-24, 03-25, 02-36 AND 02-43) WITHIN THE COCONUT GROVE, ALLAPATTAH AND MODEL CITY COMMUNITY DEVELOPMENT TARGET AREAS, RESPECTIVELY, AND WHICH MORE PARTICULARLY AND LEGALLY DESCRIBED IN THE ATTACHED EXHIBITS "A" AND "B", TO BE USED FOR THE DEVELOPMENT OF HOUSING AFFORDABLE TO LOW AND MODERATE INCOME FAMILIES IN CONNECTION WITH THE CITY SPONSORED SCATTERED SITE AFFORDABLE HOUSING DEVELOPMENT PROGRAM; FUNDS BEING AVAILABLE FROM THE ORIGINAL $1,000,000 ALLOCATED FROM 11TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS UNDER PROJECT NUMBER 321026, INDEX CODE NUMBER 579102, FOR ACQUISITION OF THE SUBJECT PROPERTIES IN CONNECTION WITH THE SAID PROGRAM; FURTHER AUTHORIZING THE CITY ATTORNEY TO PROCEED TO CLOSE ON THE SUBJECT PARCELS 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, on October 23, 1986, the City Commission adopted Resolution No. 86-840, which approved implementation of the Scattered Site Affordable Housing Development Program in the City's Community Development Target Areas for the purpose of providing owner -occupied residential units within the affordability range of qualified low and moderate income purchasers; and WHEREAS, in October, 1986, the City Commission authorized the issuance of $4,200,000 in Special Obligation Bonds for the purpose of providing construction financing for such housing; and WHEREAS, the City, serving as developer, plans to finance the development of single family owner -occupied residential units in the Coconut Grove, Allapattah and Model City neighborhood under the Program; and CITY COMMISSION TS MEETING OF ATT U21A OCT 12 1989 C 0', — RED i__RESOLUTION No.� REMARKS WHEREAS, two (2) parcels in the Coconut Grove Community Development Target Area, two (2) parcels in the Allapattah Community Development Target Area and two (2) parcels in the Model City Community Development Target Area have been identified and recommended for the development of housing affordable to low and moderate income families; and WHEREAS, the City of Miami is interested in acquiring two (2) parcels of land located in the Coconut Grove neighborhood, two (2) parcels of the land located in the Allapattah neighborhood and two (2) parcels of land located in the Model City neighborhood, which are more particularly and legally described in the attached Exhibits "A" and "B" for the development of such housing; and WHEREAS, appraisals have been obtained and efforts to secure the property for valid public and municipal purposes through negotiation should be undertaken by the City; and WHEREAS, funds are available from the original $1,000,000 allocated from llth Year Community Development Block Grant funds for land acquisition costs in connection with the Program; and WHEREAS, the amounts set forth in Exhibit "A" are reasonable and in keeping with the costs of acquiring property through the normal negotiation process; and WHEREAS, the City Commission previously established a policy under Resolution No. 77-73 to provide a bonus over the appraised value to owners who sell their property to the City through a negotiated settlement in lieu of condemnation; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. All recitals and findings contained in the preamble of this Resolution are hereby incorporated by reference thereto and are hereby adopted as if fully set forth in this Section. Section 2. The City Manager is hereby authorized to negotiate with the property owners of two (2) parcels of land in the Coconut Grove Community Development Target Area, two (2) -2- parcels of land in the Allapattah Community Development Target Area and two (2) parcels of land .in the Model City Community Development Target Area and which, are particularly and legally described in the attached Exhibits "A", "B", "C", "D", "E", "F" and "G", for the acquisition of said parcels. Section 3. The following offers as indicated are hereby authorized to be made to the owners of the subject properties in the amounts as indicated below: i C.D. TARGET PARCEL AREA NUMBER PARCEL ADDRESS OWNER Coconut 05-09 3322 William Ave. George French Grove Coconut Grove Allapattah Allapattah Model City Model City 05-10 3648 Florida Ave. George French 03-24 788 NW 35 St. 03-25 2374 NW 33 St. 02-36 724 NW 52 St. 02-43 720 NW 52 St. Jose A. Abin Willie Irwin Thomas & Mary Lu Thomas Cora Gayle Cora Gayle CONTRACT PURCHASE PRICE $11,525 10,450 18,350 20,000 6,750 6,750 Section 4. The City Manager is further hereby authorized to negotiate with the above property owners within the framework of the appraisals obtained for the parcels and further authorized to offer a settlement bonus as per Resolution No. 77-73. Section 5. Adequate Eleventh Year Community Development Block Grant land acquisition funds which exist as an available balance remaining from the $1,000,000 previously authorized by the City Commission, are hereby designated to defray the cost of said acquisitions. Section 6. The City Attorney is hereby authorized to proceed to close on said properties after examination of the abstract and confirmation of an Opinion of Title; if approved by the City Attorney, the City Manager is hereby authorized to execute an Agreement of Purchase and Sale, in the substantially the attached form, of the subject properties identified at the costs stated in Exhibit "A" and to disburse the sum(s) of money in accordance with the City Commission's approval. -3- 0 0 Section 7. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTER this 12th day of October , 1989. COMMUNITY DEVELOPMENT REVIEW: FRANK CASTANEDA, DIRECT COMMUNITY DEVELOPMENT CAPITAL BIUJD=T REVIEW: r;), S:� EDUARDO RODRIGUEZ CIP PROJECT MANAGER C APPROVED AS TO FORM AND CORRECTNESS: JORQE L ! PER CITY ATTORNE M1214 ----� -4- AVIER L. SU REZ, YOR EXHIBIT "A" COCONUT GROVE COMM MITY DEVELOPMENT TARGET AREA PARCEL NO. 05-09 PARCEL ADDRESS: 3322 William Avenue PROPERTY LEGAL DESCRIPTION: Lot: 15, Block: 29 Frow Homestead Plat Book B/106 FOLIO NUMBER: 01-4121-007-4910 OWNER OF RECORD: George French LAND AREA: 50 x 116 ACQUISITION COST: $11,525 PARCEL NO. 05-10 PROPERTY ADDRESS: 3648 Florida Avenue PROPERTY LEGAL DESCRIPTION: Lot: 7, Block: 25 Frow Homestead Plat Book: B/106 FOLIO NO.: 01-4121-007-3900 OWNER OF RECORD: George French LAND AREA: 50 x 100 ACQUISITION COST: $10,450 EXHIBIT "A" (Continued) ALLAPATTAH COMMUNITY DEVELOPMENT TARGET AREA PARCEL NO. 03-24 PARCEL ADDRESS: PROPERTY LEGAL DESCRIPTION FOLIO NUMBER: OWNER OF RECORD: LAND AREA: ACQUISITION COST: PARCEL NO. 03-25 PROPERTY ADDRESS: PROPERTY LEGAL DESCRIPTION: FOLIO NO.: OWNER OF RECORD: LAND AREA: ACQUISITION COST: 788 Northwest 35th Street Lot: 5 less N. 5 ft. to City, Block: 1, Suwanne Park Plat Book 12/69 01-3126-008-0040 Jose A. Abin 50 x 139 $18,350 2374 Northwest 33rd Street Lot: 12, Block: 4 New Haven Plat Book 6/184 01-3127-028-0690 Willie Irwin Thomas and Mary Lu Thomas 40 x 138 $20,000 EXHIBIT "A" (Continued) MODEL CITY COMMUNITY DEVELOPMENT TARGET AREA PARCEL NO. 02-43 PARCEL ADDRESS: 720 Northwest 52nd Street PROPERTY LEGAL DESCRIPTION: Lot: 4, Block: 3 Bowling Green Plat Book 5/101 FOLIO NUMBER: 01-3123-006-0291 OWNER OF RECORD: Cora Gayle LAND AREA: 40 x 139 ACQUISITION COST: $6,750 PARCEL NO. 02-36 PROPERTY ADDRESS: 724 Northwest 52nd Street PROPERTY LEGAL DESCRIPTION: Lot: 5, Block: 3 Bowling Green Plat Book: 5/101 FOLIO NUMBER: 01-3123-006-0310 OWNER OF RECORD: Cora Gayle LAND AREA: 40 x 139 ACQUISITION COST: $6,750 - s.. .�. ._�.' fly.. .'.!°_.K ,.b •'+ � +�°�. f � 1. c `r. qi" rat+ �1..�. - ;� '• i; i - j e �:i • i, it F t. lr dlll' , - ' ji' �+� f. •f d'i �� !I -i•• • - ' i , t � ..w . l �' I"`:�'�' '<•' � r, '����+1�.; 11 �,r1' { ``. 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Jim '' EXHIBIT "C" AGREEMENT OF PURCHASE AND SALE THIS AGREEMENT entered into this day of , 1989, by and between THE CITY OF MIAMI, Dade County, Florida, a Municipal Corporation of the State of Florida, hereinafter referred to as "CITY," and GEORGE FRENCH residing/located at 3751 Kent Court, Miami, Florida 33133, 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 as 3322 William Avenue, Lot: 15, Block: 29, Frow Homestead, Plat Book: B/106, Folio No. 01-4121-007-4910, and WHEREAS, the CITY desires to purchase said property located at 3322 William Avenue (Parcel No. 05-09) for use in conjunction with the affordable housing program in the City of Miami. NOW, THEREFORE, in consideration of the sum of One Hundred Dollars ($100), and other good and valuable consideration, it is hereby covenanted and agreed between the parties as follows: _ 1. In consideration of the CITY paying the SELLER the sum of Eleven Thousand Five Hundred Twenty -Five Dollars ($11,525), 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 in paragraph one (1) above). 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. 3. All taxes and assessments of record for the year 1989 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 loss or damage to the property by fire or other casualty, or acts of God, shall be at the r i sk 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. 6. Title to the property shall be delivered to the CITY on the date of closing. 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 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 Statutes. S. 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 of the State of Florida. 10. The SELLER understands that this offer has been approved by the City Commission of the City of Miami, Florida by Resolution No. 11. If this is not executed by both parties to the Agreement on or before December 31, 1989, this offer shall thereafter be null and void. The date of the contract shall be the date when the last one of the CITY and SELLER has signed this offer. 12. 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. 13. 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 to the date hereof. Dated the date first written above. WITNESSES: As to an individual As to an individual ATTEST: MATTY HIRAI City Clerk APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ City Attorney SELLER: George French BY CITY OF MIAMI, Corporation of Florida BY a Municipal the State of CESAR H. ODIO City Manager EXHIBIT "D" AGREEMENT OF PURCHASE AND SALE THIS AGREEMENT entered into this day of , 1989, by and between THE CITY OF MIAMI, Dade County, Florida, a Municipal Corporation of the State of Florida, hereinafter referred to as "CITY," and GEORGE FRENCH, residing/located at 3751 Kent Court, Miami, Florida 33133, 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 as 3648 Florida Avenue, Lot: 7, Block: 25, Frow Homestead, Plat Book: B/106, Folio No. 01-4121-007-3900, and WHEREAS, the CITY desires to purchase said property located at 3648 Florida Avenue (Parcel No. 05-10) for use in conjunction with the affordable housing program in the City of Miami. NOW, THEREFORE, in consideration of the sum of One Hundred Dollars ($100), and other good and valuable consideration, it is hereby covenanted and agreed between the parties as follows: 1. In consideration of the CITY paying the SELLER the sum of Ten Thousand Four Hundred Fifty Dollars ($10,450), 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 in paragraph one (1) above) . 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. 3. All taxes and assessments of record for the year 1989 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 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. 6. Title to the property shall be delivered to the CITY on the date of closing. 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 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 Statutes. S. 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 of the State of Florida. 10. The SELLER understands that this offer has been approved by the City Commission of the City of Miami, Florida by Resolution No. 11. If this is not executed by both parties to the Agreement on or before December 31, 1989, this offer shall thereafter be null and void. The date of the contract shall be the date when the last one of the CITY and SELLER has signed this offer. 12. 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. 13. 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 to the date hereof. Dated the date first written above. WITNESSES: As to an individual As to an individual ATTEST: MATTY HIRAI City Clerk APPROVED AS TO FROM AND CORRECTNESS: JORGE L. FERNANDEZ City Attorney SELLER: George French BY CITY OF MIAMI, Corporation of Florida BY a Municipal the State of CESAR H. ODIO City Manager 139 " EXHIBIT "E" AGREEMENT OF PURCHASE AND SALE _ THIS AGREEMENT entered into this day of , 1989, by and between THE CITY OF MIAMI, Dade County, Florida, a Municipal Corporation of the State of Florida, hereinafter referred to as "CITY," and JOSE A. AKIN, residing/located at P.O. Box 4151, Hialeah, Florida, 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 as 788 Northwest 35th Street, Lot: 5 less north 5 ft. to City, Block: 1, Suwanne Park, Plat Book: 12/69, Folio No. 01-3126--008-0040, and WHEREAS, the CITY desires to purchase said property located at 788 Northwest 35th Street (Parcel No. 03-24) for use in conjunction with the affordable housing program in the City of Miami. NOW, THEREFORE, in consideration of the sum of One Hundred Dollars ($100), and other good and valuable consideration, it is hereby covenanted and agreed between the parties as follows: 1. In consideration of the CITY paying the SELLER the sum _ of Eighteen Thousand Three Hundred Fifty Dollars ($18,350), the SELLER shall, by General Warranty Deed, convey to the City good, marketable and insu--able title, free of liens and encumbrances to that certain real property, (together with the improvements, r,.z editaments and appurtenances which are legally described on Attachment "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. 3. All taxes and assessments of record for the year 1989 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 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. 6. Title to the property shall be delivered to the CITY on the date of closing. 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 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 Statutes. 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 of the State of Florida. 10. The SELLER understands that this offer has been approved by the City Commission of the City of Miami, Florida by Resolution No. 11. If this is not executed by both parties to the Agreement on or before December 31, 1989, this offer shall thereafter be null and void. The date of the contract shall be the date when the last one of the CITY and SELLER has signed this offer. 12. 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. 13. 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 to the date hereof. Dated the date first written above. WITNESSES: SELLER: George French As to an individual As to an individual ATTEST: MATTY HIRAI City Clerk APPROVED AS TO FROM AND CORRECTNESS: JORGE L. FERNANDEZ City Attorney BY CITY OF MIAMI, Corporation of Florida BY a Municipal the State of CESAR H. ODIO City Manager l99-9()3• EXHIBIT "E" AGREEMENT OF PURCHASE AND SALE THIS AGREEMENT entered into this day of , 1989, by and between THE CITY OF MIAMI, Dade County, Florida, a Municipal Corporation of the State of Florida, hereinafter referred to as "CITY," and JOSE A. ABIN, residing/located at P.O. Box 4151, Hialeah► Florida, 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 as 788 Northwest 35th Street, Lot: 5 less north 5 ft. to City, Block: 1, Suwanne Park► Plat Book: 12/69, Folio No. 01-3126-008-0040, and WHEREAS, the CITY desires to purchase said property located at 788 Northwest 35th Street (Parcel No. 03-24) for use in conjunction with the affordable housing program in the City of Miami . NOW, THEREFORE, in consideration of the sum of One Hundred Dollars ($100), and other good and valuable consideration, it is hereby covenanted and agreed between the parties as follows: 1. In consideration of the CITY paying the SELLER the sum of Eighteen Thousand Three Hundred Fifty Dollars ($18,350), 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 Attachment "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. 3. All taxes and assessments of record for the year 1989 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 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. 6. Title to the property shall be delivered to the CITY on the date of closing. 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. it 0 7. 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 Statutes. 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 of the State of Florida. 10. The SELLER understands that this offer has been approved by the City Commission of the City of Miami, Florida by Resolution No. 11. If this is not executed by both parties to the Agreement on or before December 31, 1989, this offer shall thereafter be null and void. The date of the contract shall be the date when the last one of the CITY and SELLER has signed this offer. 12. 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. 13. 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 to the date hereof. Dated the date first written above. ATTEST: SELLER: Jose A. Abin As to an Individual As to an Individual ATTEST: MATTY HIRAI City Clerk APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ City Attorney BY CITY OF MIAMI, Corporation of Florida BY a Municipal the State of CESAR H. ODIO City Manager 11 EXHIBIT "F" AGREEMENT OF PURCHASE AND SALE THIS AGREEMENT entered into this day of , 1989, by and between THE CITY OF MIAMI, Dade County, Florida, a Municipal Corporation of the State of Florida, hereinafter referred to as "CITY," and WILLIE IRWIN THOMAS AND MA.RY LU THOMAS, residing/located at 3274 Northwest 33rd Street, Miami, Florida, 33142 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 as 2374 Northwest 33rd Street, Lot: 12, Block: 4, New Haven, Plat Book: 6/184, Folio No. 01-3127-028-0690, and WHEREAS, the CITY desires to purchase said property located at 2374 Northwest 33rd Street (Parcel No. 03-25) for use in conjunction with the affordable housing program in the City of Miami. NOW, THEREFORE, in consideration of the sum of One Hundred Dollars ($100), and other good and valuable consideration, it is hereby covenanted and agreed between the parties as follows: 1. In consideration of the CITY paying the SELLER the sum of Twenty Thousand Dollars ($20,000), 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. 3. All taxes and assessments of record for the year 1989 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 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. 6. Title to the property shall be delivered to the CITY on the date of closing. 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 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 Statutes. S. 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 of the State of Florida. 10. The SELLER understands that this offer has been approved by the City Commission of the City of Miami, Florida by Resolution No. 11. If this is not executed by both parties to the Agreement on or before December 31, 1989, this offer shall thereafter be null and void. The date of the contract shall be the date when the last one of the CITY and SELLER has signed this offer. 12. 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. 13. 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 to the date hereof. Dated the date first written above. WITNESSES: As to an individual As to an individual ATTEST: MATTY HIRAI City Clerk APPROVED AS TO FROM AND CORRECTNESS: JORGE L. FERNANDEZ City Attorney SELLER: Willie Irwin Thomas and Mary Lu Thomas BY BY CITY OF MIAMI, Corporation of Florida BY a Municipal the State of CESAR H. ODIO City Manager 89 EXHIBIT "G" AGREEMENT OF PURCHASE AND SALE THIS AGREEMENT entered into this day of 11 1989, by and between THE CITY OF MIAMI, Dade County, Florida,�a Municipal Corporation of the State of Florida, hereinafter referred to as "CITY," and CORA GAYLE, residing/located at 1361 Northwest 190th Street, Miami, Florida, 33169 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 as 720-724 Northwest 52nd Street, Lot: 4 & 5, Block: 3, Bowling Green, Plat Book: 5/101, Folio No. 01-3123-006- 0291 and 01-3123-006-0310, and WHEREAS, the CITY desires to purchase said property located at 720-724 Northwest 52nd Street (Parcel No. 02-43 and 02-36) for use in conjunction with the affordable housing program in the City of Miami. NOW, THEREFORE, in consideration of the sum of One Hundred Dollars ($100), and other good and valuable consideration, it is hereby covenanted and agreed between the parties as follows: 1. In consideration of the CITY paying the SELLER the sum of Thirteen Thousand Five Hundred Dollars ($13,500), 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 in paragraph one (1) above). 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. 3. All taxes and assessments of record for the year 1989 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 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. 6. Title to the property shall be delivered to the CITY on the date of closing. 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. s 7. 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 Statutes. B. 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 of the State of Florida. 10. The SELLER understands that this offer has been approved by the City Commission of the City of Miami, Florida by Resolution No. 11. If this is not executed by both parties to the Agreement on or before December 31, 1989, this offer shall thereafter be null and void. The date of the contract shall be the date when the last one of the CITY and SELLER has signed this offer. 12. 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. 13. 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 to the date hereof. Dated the date first written above. WITNESSES: As to an individual As to an individual ATTEST: MATTY HIRAI City Clerk APPROVED AS TO FROM AND CORRECTNESS: JORGE L. FERNANDEZ City Attorney SELLER: Cora Gayle BY CITY OF MIAMI, Corporation of Florida BY a Municipal the State of CESAR H. ODIO City Manager 89-3. 6 0 0 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM To Honorable Mayor and Members of the City Commission A��� FROM Cesar H. Odio City Manager REM14K MATION: CAw30 p CT - 4i8 DATE FILE Resolution Authorizing sus,ECT Acquisition of Six (6) Parcels of Vacant Land REFERENCES City Commission Agenda Item - October 12, 1989 ENCLOSURES. It is respectfully recommended that the City Commission adopt the attached resolution authorizing the purchase of six (6) parcels of real property located in the Coconut Grove, Allapattah and Model City Community Development Target Areas, for the purpose of developing affordable sales housing in connection with the City sponsored Scattered Site Affordable Housing Development Program. BACKGROUND. The Department of Development and Housing Conservation recommends ratification of the attached resolution which authorizes the purchase of two (2) parcels in the Coconut Grove Community Development Target Area, two (2) parcels in the Allapattah Community Development Target Area and two (2) parcels in the Model City Community Development Target Area, for the purpose of developing affordable sales housing. The proposed resolution authorizes and directs the City Manager to execute an Agreement of Purchase and Sale for the subject parcels currently under consideration for acquisition. In October of 1986, through Resolution No. 86-840, the City Commission approved the implementation of the City's Scattered Site Affordable Homeownership Development Program in the City's Community Development Target Areas for the purpose of providing owner occupied residential units within the affordability range of qualified low and moderate income purchasers. To date, seven (7) new single family homes have been recently sold and are occupied by low and moderate income families in the Model City neighborhood. Construction on two (2) new single family homes developed on City -owned lots at 49 and 51 Northwest 35th Street in the Wynwood neighborhood has been completed and are now occupied by two (2) low and moderate income families. It is also anticipated that construction on four (4) new single family homes in the Allapattah neighborhood and six (6) additional homes in the Model City neighborhood will be underway on or before November 15, 1989. 0 0 0 Resolution Authorizing Acquisition of 6 Parcels of Vacant Lana Page - 2 Based on a negotiated purchase with the respective property owner, purchase offers will be made on the subject properties in the amounts as indicated below: CONTRACT C.D. TARGET PARCEL PURCHASE AREA NUMBER PARCEL ADDRESS PRICE Coconut Grove 05-09 3322 William Avenue $11,525 Coconut Grove 05-10 3648 Florida Avenue 10,450 Allapattah 03-24 788 Northwest 35th Street 18,350 Allapattah 03-25 2374 Northwest 33rd Street 20,000 Model City 02-36 724 Northwest 52nd Street 6,750 Model City 02-43 720 Northwest 52nd Street 6,750 Eleventh Year Community Development Block Grant Land Acquisition Funds, which exist as an available balance remaining from the $1,000,000 previously authorized by the City Commission, are available to fund the cost of acquiring the subject parcels. In view of the need to provide affordable homeownership opportunities to low and moderate income families in the Coconut Grove, Allapattah and Model City neighborhoods, in connection with the City's Scattered Site Affordable Homeownership Development Program, City Commission ratification of the attached resolution is recommended.