HomeMy WebLinkAboutR-89-0625A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING
THE CITY MANAGER TO MAKE AN OFFER AND EXECUTE
AN AGREEMENT, IN SUBSTANTIALLY THE FORM
ATTACHED, WITH THE PROPERTY OWNERS FOR
ACQUISITION OF TWO PARCELS (PARCEL NO'S. 05-
03 AND 05-07) WITHIN THE COCONUT GROVE
COMMUNITY DEVELOPMENT TARGET AREA AND WHICH
IS 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 ARE 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 andmoderate income; and
WHEREAS, on October 23, 1986, the City Commission passed and
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
411
affordability range of qualified low and moderate income
purchasers.
WHEREAS, in October of 1986, the City Commission authorized
the issuance of $4,200,000 in Special Obligation Bonds for the
purpose of providing construction financing for such =housings and
WHEREAS, the City, serving as developer, plans to -finance `..
the development of single family owner -occupied residential unite
in the Coconut Grove neighborhood under the Program; and
CITY COMMON
ATTACHMEN
MEETING OF
TS
RESOWTIPCONTAINED I
4
REMARKSc
WHEREAS, two (2) parcels in the Coconut Grove 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
which are more particularly and legally described in the attached
Exhibits "A" and 118" 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.
x
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 bonusoverthe 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
r
OF MIAMI, FLORIDA:
Section 1. 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 and which,
are particularly and legally described in the attached Exhibits
"A", "B", "C", and "D", for the acquisition of said parcels.
A
Section 2. 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
i
s;
05-03 3794 Florida Avenue Estate of Allen $ 9,900
T. Kennedy
05-07 32XX Prow Avenue St. Peters African 12,100
Lot; 9, Block: 16 Orthodox Cathedral,
Prow Homestead, Inc.
P.B. B/106
Section 31 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 4. 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 5. 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 the Agreements/of Purchase and Sale 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.
Section 6. 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 7. This Resolution shall become effective
immediately upon its adoption pursuant to law.
er
1/ The herein authorization is further subject to
..
r compita'- with all requirements that may be
r a
imposed by the City; Attorney as prescribed by
applioalbs City Code provisions.
v l k p�l✓i
AT T E 9 T
--- -------
MATTY HIRAI, CITY
RJNITY PMENT RE
IK CASTANEDA, DIRECTOR
[UNITY DEVELOPMENT
PAItCRI. go. Q5-03
PARCEL ADDRRES
PROPERTY LEGAL DESCRIPTION:
FOLIO NUMBER
OWNER OF RECORD:
LAND AREA:
ACQUISITION COST:
RXH1131T "A"
3794 Florida Avenue
Lot: 20, Block: 1
MacFarlane homestead
Plat Book 5/81
01-4120-006-0200
Estate of Allen T. Kennedy
PARCEL NO. 05-07
r;
�s
3!
PROPERTY ADDRESS:
32XX Frow Avenue
PROPERTY LEGAL DESCRIPTION:
Lot: 9, Block: 16
la
Frow Homestead
f�
Plat Book: B/106
FOLIO NO.:
01-4121-007-2430
OWNER OF RECORD:
St. Peters African
Orthodox
Cathedral, Inc.
LAND AREA:
50 x 100
ACQUISITION COST:
$12,100
• i
i€l ,.
i
� S �d
Li
1 4
k ff
4t
f
g
t
� r
A rt !~l
Ali
r
r - r
a
_
- R 4•
-x
r�ALMM* i?}
0.4
t
x !
, .� +� 1 ., .,.pr�\y,n Y.'�S*) t �• r � !-R' - IY_' J k* ` Y �}f 4 �C `�i 5
{(k i
.� Fi i4
� .fit � M,�v "Y •s. ,.
j
3, r
it ,�,}. R ,:.>.. -�R{• ,�. �1•t F',h � .� •� _
� 401 Mj
f i
tie
•
{�,.� Li fe; ` Y r� _ _ iF ; R^•
#
i
.R�
•y. I � i'. y _ t�
s-, i
00 y �•`
Y
'tr rP ! •� �� :1 1 � 'fit �, .�k�
, .
t
• rw
e
�Opt
YA
�>�. L� rf •r a,+• , 7tAll
rf
iv
.�- ®, •� i t;: r .;bC�lrt 14G �. � 1 �`..t) ..� ' � y -.t - a,A� •1 ',�I
•+}. � -� 1 : }ry,tlt�: � � t,t � t l:' tt F i � �` , 1 F � �,� _ �' � ! _ �
' i . �r �i =t 4.�� • , f { ' ty t ' .L, �It c.dj +
i r L i ]•1 ® • tit � +l 6 `�tia �' � -iy4 �1 {-�h� y
l
{
e { ,
i �� a 1 9 • v� { t if
}r
• e
,p to .k' "X ' f i,' a31 •M -'�M {� ,a f � �'y'_ ,�
i 7 P L i 7 y 7ati 7 i,_
ff 4 R ¢ 4,W
ilk
AL
41.
_ t iti •r
77ii f
f•+ t 4s.: 'r ,i�� &'f alb � a � �
--
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 CLIFFORD B. HARK, PERSONAL
REPRESENTATIVE FOR THE ESTATE or ALLEN T. RE Mt(r,
residing/located at 168 Southeast 1st Street, 12th Floor, Miami,
Florida 33131, 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 3794 Florida Avenue, Lot: 20, Block: 1,
MacFarlane Homestead, Plat Book: 5/81, Folio No. 01•-4120-006-
0200, and
WHEREAS, the CITY desires to purchase said property located
at 3794 Florida Avenue (Parcel No. 05•-03) 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 Nine. Thousand Nine Hundred Dollars ($9,900), 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
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. 89-448.
11. If this is not executed by both parties to the Agreement
on or before August 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: Clifford B. Hark,
Personal Representative
for the Estate of Allen
T. Kennedy
BY
As to an individual
As to an individual
AGREEMENT OF PURCHASE AND SALE
THIS AGREEMENT entered into this day of ,
1989, by and between THE CITY OF f4lAMI, Dade County, Florida, a
Municipal Corporation of the State of Florida, hereinafter
referred to as "CITY," and ST. PETERS "RICAN ORTHODOX CATHBDPAL,
INC., residing/located at 4841 Northwest 2nd Avenue, Miami,
Florida 33127, hereinafter referred to as "SELLER."
W I T N E S S E T H:
WHEREAS, the SELLER is owner of that real property
fully described as 32XX Prow Avenue, loot: 9, Block: 16,
Homestead, Plat Book: B/106, Folio No. 01-4121=007-2430, and
WHEREAS, the CITY desires to purchase said property located
at 32XX Prow Avenue (Parcel No. 05-07)) 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:
In consideration of the CITY paying the SELLER the sum
of Twelve Thousand One Hundred Dollars ($12,100)), the
SELLER shall, by General Warranty Deed, convey to the
City good, marketable and insurable title, free of liens
and encumbrances to that certain realproperty,
(together with the improvements, hereditaments and
appurtenances which are legally described on Attachment
"A" attached hereto, and made a part hereof.)
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.
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.
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.
7. If the SELLER is a corporation, partnership or trust,
SELLER hereby agrees to comply with Section 286.23
Florida Statutes by snaking 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 August 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
T
4
CITY OF MIAMI, FLORIDA
CA#w341_'.
INTER -OFFICE MEMORANDUM
rb: Honorable Mayor and Members
of the City Commission i�
DATE : 11� FILE
R so utioft RgQhorizing
r sualECT : Acquisition of Two (2 )
Parcels in Coconut Grove
FROM: Cesar H. - Odio REFERENCES: City Commission Agenda
City Manager Item - July 13, 1989
ENCLOSURES:
RECON4ENDATION:
It is respectfully recommended that the City,Commission adopt the.
attached resolution authorizing the purchase of two (2) parcels i.n
the Coconut Grove Community Development Target Area. for,.,.. -the'
purpose of developing affordablesaleshousing in connection with
the City sponsored Scattered Site Affordable Housing Development
Program in the Coconut Grove neighborhood.
BACKGROUND:
The Housing; Conservation and Development Agency recommends
ratification of the attached resolution which authorizes the
purchase of `two (2) parcels in the Coconut Grove Community
Development Target'Area for the purpose of developing affordable
sales housing in the Coconut Grove neighborhood. The proposed
resolution authorizes and directs the City Manager to executean
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"e
Community.:Dey,elopment Target Areas , for the "purpose :of providing fl
owner occupied 'resideftt a] gnits;within: the affordabil"t range �t
qualified low and moderato :'income', purchasers. In, addition, he
Ci ty .Commission authorized the. City Manager, to pr,ocew - n. secu
app ai.�salla of iQme sites with .init-ial emphasis . in the Al1apattah,
dd Over own`,TMolarget Areas:, ,p
T iri
�o slate, a e�+ven i3 )y new . e i ngle f alai ly, homes have been
and .el ive QQru fed 1a/ ' veN�e�ri3
/' p y' l.ow. . and`.�_moderate
Cit 4e�johbVrhood♦ K s } xr
X Coe I tructi,Qn ..ie 'also nova ua derwa en two' r A�
new=single fal�.sy hcames in the Wynwpo$ neighbsarho+d• ;
i x