HomeMy WebLinkAboutR-89-0448J-89-396
4/19/89
RESOLUTION NO. 89-448
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING
THE CITY MANAGER TO MARE AN OFFER AND EXECUTE
AN AGREEMENT, IN SUBSTANTIALLY THE FORM
ATTACHED, 'WITH THE PROPERTY OWNERS FOR
ACQUISITION OF TWO PARCELS (PARCEL NO'S. 07-
02 AND 07-03) WITHIN THE EDISON/LITTLE RIVER
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 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 passed and
adopted Resolution No. 86-840, which approved implementation of
the Scattered Site Affordable � Housing _Development Program
ram 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.
WHEREAS, in October of 1986, the City Commission authorized
j
' the issuance of $4,200,000 in Special Obligation Bonds for the
i f providing construction financing for such housing; and
purpose o p g g 9
WHEREAS, the City, serving as developer, plans to finance,,
the development of single family owner -occupied residential units:
in the Edison/Little River neighborhood under the Program; and Kam=
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WHEREAS, two (2) parcels in the Edison/Little River
0omadnity Development Target Area have been identified and
recommended for the development of housing affordable to lour and
moderate income families; and
WHEREAS, the City of Miami is interested in acquiring two
(2) parcels of land located in the Edison/Little River
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 in the amount of $562,825 were 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.
WHEREAS, the amounts set. forth, in Exhibits,: _"A" , and "B" are
reasonable and in keeping with the costs: of acquiring- property s-
;=
through :the.normal:negotiation process; and i
WHEREAS, the.City Commission previously:- established a.policy
under;- ,Resolution No. 77.-73 to provide a bonus over, thet _appralsed
value ,:,to owners -.who sell their property , to the ;,City through a �
negotiated settlement in lieu of condemnation;
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' NOW, THEREFORE, BE IT, RESOLVED BY THE .COMMISSION OF.. THE CITY
OY MIAMI, FLORIDA:
Section _ 1. The City , Manager is. hereby authorize&; , to30
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negotiate with the property owners of two (2) parcels of land in r
the Ediaan/Litt] a River Community Development. Target Area and which, ;:a]ce
par.ti.cularly ;and iegallY described ..in the attached Exhibits
,t
n B" "C,� and "D" for the P
uisic3ori of said arcel ;
:Sect ion - Thefol .ors ng . ;uf f�exa as i.nd3.cated aro i�►g�re y
autY�Qr f zed to be roads to the owners of the subject gropezt3.es
�', ua�r' ` 'K,4 m✓v� Z`1„ fir; r.# i '"3 r PY4ed be i6wi r `'"t
T{i��,�"-� d `�, . i�, ?�`'+ti"Fth _ � f.. v` �,•`w k 'a�.2
07-02
41JP11-iCf4�.-i'
PURCHASE
PARCE4ADbRESS OWNER PRICE"....,-
5629 N.W. 6th Ave. Burton 'Engels, Tr. $ L 5b
07-03 5437-47 N.W. 1st Ct. Pedro A. daimot $16,000
Section 3. 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
BlockGrant land acquisition funds which exist as an available
balance 1/ 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 "Tide; if approved by
the City Attorney, the City Manager is hereby authorized to
execute :the Agreement of Purchase and "' Sale ` of the •subject
properties identified at the costs stated in Exhibit "A" and to
disburse the sums) of money in accordance with the City
Commission's approval. r
Section 6. All recitals and findings contained in. the
preamble of thi-s,, "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,, E
immediately upon its adoption pursuant to law. r
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l/ Said.balance as of March 9, 1989 was $5621825AMA
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PASSED AND ADOPTED this ].1th day o iuta
1989.
— X
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.- F
IER L. SUAgEZ.YOR
ATTEST
s:—
MATTY HIRAI# CITY CLERK
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COMMUNITY DEVELOPMENT REVIEW: ¢'
C ANEDA, DIRECTOR >—
COMMUNITY DEVELOPMENT —
FINANCE REVIEW: BUDGETARY REVIEW: —
CAR RCIA, DIRECTOR MAN0 SURANA, DIRECTOR
FINANC EPARTMENT MANAG NT AND BUDGET
PREPARED AND , —
APPROVED BY: CAPITAL BUDGET REVIEW;
�C?ray ✓ /j7
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ROBERT F. CLARK UARDO RODRIGUEZ
CHIEF DEPUTY CITY ATTORNEY ,.
PROJECT MANAGER:
APPROVED AS TO FORM AND CORRECTNESS.— ;
a
OR L. FERN DEZ
CIT ATTORNEY '
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PARCEL. 1N0. 07-02 _
PARCEL ADDRES6: 5629 Northwest 6th Avenue'
PROPERTY LEGAL DESCRIPTION: Lot: 17, Block: 4
Buena Vista Gardens
Plat Book 5-45
FOLIO NUMBER: 01-3113-042-0800
OWNER OF RECORD: Burton Engels, Tr.
LAND AREA: 50 x 125 (will support one (L)
single family home)
ACQUISITION COST: $7,150
PARCEL NO. 07-03'
PROPERTY ADDRESS: 5437-47.Northwest lst;Court
PROPERTY LEGAL DESCRIPTIONN. 53 Ft. f Com. At A Pt-15;Ft.Av-
: .o
N. Of And 2036.97 Ft W : of SE hx.
Corner. Of Sec.."13-53 41 TH.
.142 Ft ." `N. 130. Ft . For . POB W • 65
Ft. N- `'162.24 'Ft". E. 0 Ft -* ,,',-So
162.97 Ft. W. 35 Ft To.POB.
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and
Beg. 15, Ft. N. and 2036.97 Ft`., W-i , ' s r,
_ of SE Corner W. 142 Ft. N. 134
Ft. W. 65 Ft. N. 222.24 Ft. to
POB E . 100 Ft.'. : S . 60 Ft.W ..100
Ft.N. .60 Ft`. to' POB. t .
FOLIO No.: 01--3113-000-0530
21-3113-000-0790 '�`
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OWNER: OF RECORD.' Pedro A. Jaimpt��.
103 `x sgp�otwHa
�:ngls familyj�o� F£' �} t!` -5�., j—{
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EXHIBIT "C"
AGREEMENT OF PUkCHASE,. AND SALE
_ day of
TH19 AGREEMENT entered into this Dade County► Florida, a
1989, by and be THE CITY OF MIAMI,
hereinafter
Municipal Corporation of the State of TRoriresiding/located
referred to as CITY. and BCIRTC�N ENGSLS.
at 25 West Flagler Street, #1101, Miami, Florida, 33130
hereinafter referred to as "SELLER."
W I T N E S S E That H: -
WHEREAS, the SELLER is owner 6th fAven e, real property
17, p Block: 4,
fully described as 5629 Northwest
Buena Vista Gardens, Plat Book: 5/45, Folio No. 01-3113-042-
0800, and
WHEREAS, the CITY desires to purchase said property located _
2) for use in
at 5629 Northwest 6th Avenue
(housing progrParcel No. am Din the City of
conjunction with the affordable
_ Miami.
_ NOW, THEREFORE, in consideration of the sum of One Hundred =
Dollars 0100), and other good and valuable consideration, it is
hereby covenanted and agreed between the parties as follows:
'
1. In consideration of the CITY paving g the SELLER the sum
of. Seven Thousand One Hundred arts Deeds convey Oto
the SELLER shall, by ,General Warranty
the City good, marketable and. insurable title., free, of
liens and encumbrances to that certain real property,
- (together with the improve ents and
n described rediinmparagraph
appurtenances which are legally
one (1) , above)
m set 2. The th in -
CITY shall pay the SELLER the su
to be held fort given
paragraph (1) hereof, minus any sums
—i to others pursuant to the terms of this Agreement by.
CITY Warrant at the closing within sixty (60) days from
the City
the date of the execution of this Agreement by
�? and SELLER. ter.
3. All taxes and assessments of record for the year 1989,
shall be prorated as of the date of closing, and shall P
be paid or satisfied by the SELLER prior to closing.;
4._ A11 -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 $t
iSELLER prior to closing. �£
_5. The SELLER agrees that loss or damage to the property by
fire or other casualty, or acts of God, shall be at the
k
risk of the SELLER 'until the title to the land and•deed,.
to the City have been accepted by the CITY.
j_ event .that- such loss or damage occuxs, 'there shall pe an ,$,.
—i ad•justment of the purchase price, which adj�st�►snt a}tai�.r
be determined solely by the CITY.'
to the property
shall be delivered to,the CIfiX pn_ t; 4 -
6 Titlep -
the . dat....o. closing• Howevexr from .and after' tke �a4
4 ,` this instrument,'
the CITY, its agentae
ex�ution o all Have .the xight to enter ;Upon,% ,k _
�r - cOntractQr$ .,sh
.r
oo}�Yexed Qr, makInc� studies,; surv+�ys, and <���
y i oa .n 1 r 5�
# Yft�r£`e i.'` w y. 1Y.Y 't .= .y7•f' 'fl Z F� ` J a rai Is
y'�. aaurdings aid pp 3 }µ
y 2
a
7 . If the SELLER is a corporation, -
SELLER hereby agrees to comply with Sectio*i 1gC,•23 =
Florida Statutes by making a written Public Disc es of eeVeer
under oath, of the names and
terestsssin the Real
person{s) having beneficial 1n specifically
Property being conveyed to the CITY, unless sp
-- exempt by provisions of said Statutes.
Agreement shall be binding upon the heirs,
8. This Ag parties.
executors, administrators and assigns of the
according to the laws
91 This Agreement shall be governed
of the State of Florida. roved -
10. The SELLER understands
that 1this ity offer Miamhas b, Florieen da by
by the City Commissio
Resolution No.
11. If this is not executed by
both parties to the Agreement —
on or before June 15, 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.
0 deposit delivered to the SELLER asa a taoposlt on
12. The $10 p :his Agreement shall act—
execution of on closing, shall be credited
this transactl:�n and, up to be paid at time of
against the ,:•urchase Price
closing
r days from date of execution of this _
13. Within fifteen .15� 1' ere brought
Agreement, the 'TELLER shall cause to
delivered to the —
Agree —
CITY the abstrar..t of title to the r _
to the date here :)f
Dated the.date first written above. }-
SELLER: Burton Engels,.. Tr
WITNESSES:
BY
w
E As to an individual
As to an lndivi ual
CITY OF MIAMI, a Municipal
ATTEST: Corporation of the State -of G,
i Florida
r
- BY
V
CESAR H.`ODIC .
MATTY HIRAI City Manager.`
City Clerk
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A/$■�'RD.: ARRC a x atkygy -
Ji, $.-
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EXHIBIT
AGREEMENT OF PURCHASE AND. _SALE
THIS AGREEMENT entered into this day of
Dade County, Florida, a L
1989, by and between THE CITY OF MIAMI, hereinaftef
Municipal Corporation of the State of Florida, located at
"CITY," and PEDRO A. JAI1�lOT residing/
referred to as Road, Orlando, Florida 32812,
_ coo Payless Car Rentals, 3535 McCoy y
s "SELLER.
hereinafter referred to a"
W I T N E S S E T H:
that real property more
WHEREAS, the
SELLER is owner of
N.
53 Ft • of
fully described as 543'7-5447 Northwest Is Court,Of
Com. At a Pt. 15 SE Corner of
Ft. N. of And 2036.97 Ft. W• 65 Et N-
Ft.
13-53-41 TH.
W. 142 Ft. N. 130 Ft. For POB W. 15
16
2.24 Ft. E. 100 Ft. S. 162.97 Ft.rieW W 5 142 Ft N B 130BFt•• W-
Ft. N. And 2036.97 Ft. W• Of SE CornerN.
65 Ft . N. 222.24 Ft • To POB E. 103113-000-0530 t •and 10� 3113-0004
Ft• To POB-0
Folio Numbers: 01
0790.
_ AND
urchase said property located
_ WHEREAS, the CITY desires to P for use in
5437-5447 Northwest 1st Court (Parcelram -oin) the City of
co unction with the affordable housin9
pro9
conjunction
Miami.
NOW, THEREFORE, in consideration of the. sum of One Hit undreds
Dollars ($100), and other good and valuable consideration,
hereby covenanted and agreed between the parties as follows:
her y
the SELLER, the sum >°
_ 1. In consideration of the CITY paying the SELLER.shall,;, a
Of Sixteen Thousand Dol.L3rS ($16,000)o the. City good,..
by General Warranty convey
De=ed,
mark
etable and . insurat:.e title, free of liens and
(together,
encumbrances to that c��rtain real property, urtenances
hereditaments and app �,.
with the improvements, paragraph one (1) above)• 'a
which are legally described in p
sum set forth in be held or g -
2. The CITY shall pay the SELLER he even
paragraph (1) hereof, millus any sums to f
ursuant to t.ie terms of this Agreement, by ,§
to others p 60 days*from.,. '
CITY Warrant at the closing within sixty t )tali,
the date of the executio.e of this Agreement by
the City
and SELLER. z
ear 1989
3. All taxes and assessme
nt:: of record for the a`
shall be prorated as of the date of closing,nd shall
be paid or satisfied by they SELLER prior to closing• x
4. All certified liens, encumbrances and ;charges o,f recozd
al property, }
and all pending liens against xzi UP
against the rethe yea
erty, shall �e paid or satisfied by
the real prop a ��L`�'n
i r1
—� SELLER prior to closing.
x
SELLER a reel that loss o o;'the r ertYy E`>`
r. damage., .
5. The 9 shall be at; the ;
fire or other casualty, or. ,ants a£ GQd
r l sk
of the SELLER until the title to the ,;land Van nt1�e f T z�
t to 'the 'City have been accepted by the ' CITX xY .
�.
Fht��4evrit that such loss:or
damage occurs,.':theX shall
t e uchase price,, which ad jUstmsnt
sment of th. p CITY
mined solely by. the -
_
777777777
property shall be delivered to the CITY on
6. Title to the prop However, from and after the
the date of closing- CITY, its agents, and
execution of this instrument# the
its contractors shall have the,righ�u� eenter
n Surveys, and
premises to be conveyed for making
s
tests, soundings, and appraisals.
7. If the SELLER is a corporation. PW therSectionr 286.23
SELLER hereby agrees to comply
Florida Statutes by making a written Public Disclosure,
Of
under oath, of the names an
interestsssin the everyes in
person(s) having beneficial
to the CITY, unless specifically
Property being conveyed_
exempt by provisions of said Statutes.
g. 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. -
ed
10. The SELLER understands
City Commission of the City that thisffe
er Of Miamhas i, Florida
daby
by the
Resolution No.
11. If this is not executed by both parties to the Agreement
on or before June 15, 1989, thisffer
contractl shallreabefter the
be null and void. The date of t
he
date when the last one of the CITY and SELLER has signed
this offer.
12. The $100 depohe time:of
sit delivered to the SELLER
as a tdeposit on
execution of this ,Agreement shall
this transaction and, upon closing', shall be credited
against the purchase prig to be paid at time of
closing.
13• Within fifteen (15) days from date of 'execution of ,this t`
Agreement, the SELLER shall cause to be delivered to the 4
ert brow ht
CITY the. abstract of `title 'to the real prop Y g ,y
to the -date; hereof . -
M5
Dated the. date first written above.
_ —
SEL
WITNESSES:LER: Pedro A. Jaimot
'r
As to an individual
As to an ind vidual
N A
CITY OF MIAMI, a Municipal N3.
j ATTEST: Corporation of the State of
Florida"7Y
BY
4
CESAR H. ODIO y aY j
`,_ MATTY HIRAI City ,Mat�ag�r
City Clerk
FARM AND
r
;R' t APPROVED
1irRY t Yam' r
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37--
CIV OF MIAMI. FLOHIDA
INTER-OFFICI MEMORANDUM
TO
Honorable Mayor and Members DATE
MAY
'
of the City Commission
Resolution Authorizin g
,
sue�Ec7:
Acquisition of Two O
—
Parcels in Edison/Little
Z River
mom
Cesar H. ttidi0 REFERENCES: City Commission Agenda
Item May11, 1989
City Manager
ENCLOSURES:
a
a-
=
t
RBCOMMSIMTION:
It is respectfully recommended that the City Commission adopt the
in
—
attached resolution authorizing the purchase of two (2) parcels
the
t:
—
the Edison/Little River Community Development Target Area.for
of developing affordable sales housing in connection with
purpose
the Cityr sponsored Scattered Site Affordable Housing Development
Program in the Little Haiti neighborhood.
s
BACKGROUND:.
The •Housing Conservation, and Development Agency recommends
ratification ofr the =attached _ resolution which authorizes the
purchase of two (2) parcels in. the Edison/Little River Community
-
Development Target Area for the purpose of developing affordable
housing in the Little Haiti neighborhood. The proposed
sales
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. $6-840, the City -. >
Commission approved the implementation of the Citp's Scattered s
Site Affordable Homeownership Development Program in the City's,
Community Development Target Areas for the purpose of providing'
y,
owner occupied residential units within the affordability range Of
qualified low and moderate income purchasers. In addition, he"
City Commission authorized the City Manager_to proceed in securing Y.tt
appraisals of home sites with initial emphasis in the.Allapattah,
Model City, Wynwood and Overtown Target Areas.
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 is also now underway on two (2)
new single family homes in the Wynwood neighborhood.
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Resolution Authorising Acquisition
of 2 Parcels in Edison/Little River
Page - 2
It is anticipated that construction on two (2) new single family
hones in the Allapattah neighborhood and four (h) additional homesh
in the model City neighborhood will be underway by early July,
-
1989.
Acquisition of the subject parcels will afford the City the
opportunity to implement the Program in the Edison/Little River
:-
_
Community Development Target 'Area and will result in the
=
development of three (3) new single family homes in the Little.
_
Haiti neighborhood. As of March 9, 1989, approximately $562,825
—
in funding which represents the remaining balance from the
$1,000.000 in llth Year Community Development Block Grant Funding
—
previously authorized by the City Commission, in connection with
the aforementioned Program, is available to defray 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 Little
Haiti neighborhood in connection with the-City's Scattered Site
Affordable Homeownership Development Program, City Commission
ratification of the attached resolution is recommended.
- _
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