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Home My WebLink AboutR-89-0779J-89474 RESOLUTION NO. 897779 819/89 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT OF PURCHASE AND SALE, IN SUBSTANTIALLY THE FORM ATTACHED, FOR PRICES AS STATED HEREIN BETWEEN THE CITY OF MIAMI ("PURCHASER") AND WILLIAM SAWYER ("SELLER") FOR THE PURCHASE AND SALE OF THE PROPERTY (MORE PARTICULARLY DESCRIBED HEREIN), FOR THE TOTAL PURCHASE PRICE OF $120#450; FUNDS FOR THE ACQUISITION OF SAID PROPERTY TO BE APPROPRIATED IN CAPITAL PROJECT NO. 322029 ENTITLED form attached, for prices as stated herein between the City of Miami ("Purchaser") and the following ("Seller") for the purchase ATTACHMENTO CCNTAIHE0 Rescinded by R-91-125 USCMDED By CITY COMMISSION MEETING OF SEP 14 1989 and sale of the property as described herein for the total purchase price of $120,450: Seller price Pro arty William Sawyer $120,450 801 N.W. 2nd Avenue Section 2. Funds for the acquisition of said property to be appropriated in Capital Project No. 322029 entitled, "Southeast Overtown%Park West Phase I, from funds received in the amount of $719,741 from the Urban Mass Transit Administratio Section 3. The City Attorney is hereby author to take whatever steps necessary to close the transacti with sellers as early as practicable. Section 4. The herein authorization is co t ed u the appropriation of necessary funds. Section S. This Resolution s l bec a ctive immediately upon its adoption pursuangto PASSED AND ADOPTED this CAPITAL IMPROVEMENTS PROJECT REVIEW: IMPROVEMENTS APPROVED AS TO FORM AND CORRECTNESS: 1 . A . t 1989. AGREEMENT OF PURCIIASE AND SALT: 11 PARCEL, NO. 5 }. THIS AGREEMENT enterers into this day of . 1989 by and between TILE CITY OF MIAMI, Dade County, RO da a ' Municipal Corporation, hereinafter referred to as "CITY", and William B. Sawyer, Jr. currently located at 801 NW 2nd AVG hereinafter referred to as "Sr.I,tXR". W I T N E s s r-'-r tt WHEREAS, the SELLER is owner of that real property more fully described on Exhibit "A" attached hereto and made a part hereof, and WIIEREAS, the CITY desires Lo 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 CTTY paying l.he SELLER the sum of one hundred and nine thousand five hundred dollars ($109,500) (and if the property is acquired within 30 days from City Commission approval, a bonus of an additional ten thousand nine hundred and fifty dollars, $10,950) 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 tl►e improvements, hereditaments and appurtenances which are legally described on Exhibit A attached hereto, and made a part hereof. 2. The CITY shall pay Hle- 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) clays from the date of the execution of this Agreement by the C[TY 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 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 SI:LI,I.R u►►t i L the titLe to the land and deed to the CITY have bee►r 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 h N 89- 79, ■ PARCEL No. 5 6. Title to the property shall be delivered to the CITY on the mate of closing. t3eclinning on the date of closing, the CITY shall. have Lhe r.i.g1_1L to commence collection of rent from any parLy(s) occupying the subject property. However, from and defter 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 absLracL of title to be obLained by the CITY does not meet the requiremen.t•s set forth in Paragraph 1 1. and if defects in the title cannot be cured by ordinary 4 means, then the SI?LLT?it agrees to cooperate with and assist the CITY and i)adle County to acquire title to said land.] by cd,n(demnat.ion or other judicial proceedings. The FrLI,I?R adlrees Lhat. he is not entitled to any fees or costs .hi connection with the foregoing. 8. If the SETA,ER is a corl)oraL-ion, partnership or trust, SELLER hereby agrees -Lo comply with Section 206.23 Florida Statutes by making a writ -Len Piibl .i.c i)isclosure, 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 enL.itIed to receive any additional payments tinder the Uniform Relocation Payment Act, it is understood that this Adlr.eement does not prohibit the SELLER from exercising his rights thereunder. 10. This Agreement s11a1.1 be binding upon the heirs, executors, adminisLrator.s and assigns of the parties. 11. This Agreement shall. be governed according to the laws of the State of Florida. 12. The SELLER undersLands 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. In the event that the CITY determines there is any hazardous material, waste or, toxic substance found in or on the Property, the CITY, as an'alLpr.naL.ive to voiding this Agreement, may take any corrective actions necessary to remove or eliminate such -hazardous material, waste or toxic substance and the. SI LT,ER shall either pay for such removal or elimination or deduct the cost of the same from the purchase price. 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 OP 3 89-7 I.9i i 77, 777777 PARCEL NO. 5 Rx1110IT A CITY OF MIAMt SOUTI1EAST OV8RTOWN/PARK WEST ._ REDEVELOPMENT LOPMENT PROJECT STATEMENT OF JUST COMPENSATION 4 i J 1. PROPERTY DESCRIPTION: The South 5 feet of Lot 37 .And 14,ot 44 and 45 less lthe West 7.5 feet thereof, of P.W. White Re5ub 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: William Sawyer 3. FEE SIMPLE: $120,450 ?' 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 anti is not less than appraisal made by a competent professional appraiser. The subject property has jj been inspected by the City antl by"Lhe independent appraiser. 1s 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 —f' find a purchaser buying with t-hd ,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 Niue 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: airy 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). k`? i 162 too Ams tk d j� � �„+�� a��' .��,k � �F �4 t�% Z i,�a, $ � "�" n ( � �'t`•.i w Inc b oll � # Y C ,fit a k CITY OF MIAMI, FLORIDACA=27 INTER -OFFICE MEMORANDUM' To: Honorable Mayor and Members of the City Commission DATE : S CGn 1989 FILE SUBJECT: Agreement of Purchase and Sale FROM : Cesar H. Odio REFERENCESFor Commission Meeting City Manager of September 14, 1989 ENCLOSURES: RECOMMENDATION 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 801 NW 2nd Avenue, in substantially the form attached, between the City of Miami ("Purchaser") and William Sawyer ("Seller"), for the total price of $120,450. i' I BACKGROUND r { The Department of Development recommends the execution of an agreement to purchase land owned by William Sawyer at the negotiated price of $120,450. The Department of Development has aggressively begun development within the Historic Overtown Village area, which is a component 1 of the Southeast Overtown/Park West Redevelopment Project. The subject property to be acquired is located within the boundaries of the Overtown Historic Village. Two independent appraisals and a review appraisal were obtained for the subject property. The fair market value, according to the review appraisal was $109,500. After negotiations with the owner, the agreed selling price is $120,450. This amount is 10% above the review appraisers's market value for the property. The funds for the acquisition of the subject property are to be appropriated in Capital Project No. 322029 entitled "Southeast Overtown/Park West Phase I", from funds received in the amount of�