The URL can be used to link to this page

Home My WebLink AboutR-87-0774e 0-81-188 914/R7 At RESOLUTION No A RESOLUTION AUTHORISING THE CITY MANAGER Tb EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH MIAMI CAPITAL DEVELOPMENT, INC. (MCDI) FOR THE PURPOSE OF ACCEPTING A CONTRIBUTION OF EQUIPMENT OWNED BY MCDI FROM THE SUPER SAVE SUPERMARXET, APPROVING MCDI'S iiEDUCING ITS LOAN RECEIVABLES BY THE APPRAISED VALUE OF SAID EQUIPMENT AND DECREASING THE TOTAL AMOUNT DUE TO MCDI FROM THE PRINCIPALS OF SUPER SAFE SUPERMARKET BY THE SAME AMOUNT. WHEREAS, the City Commission is committed to the development and expansion of trade and economic development and expansion of trade and economic development in the City of Miami; and WHEREAS, the principals of the Super Save Supermarket are in default with its loan agreement with Miami Capital Development, Inc.; and WHEREAS, the Super Save Supermarket is no longer an operational business; and WHEREAS, the principals of Super Save Supermarket have transferred title of the equipment located in the Super Save Supermarket to Miami Capital Development; and WHEREAS, Miami Capital Development, Inc.'s legal counsel has agreed to the acceptance of said equipment as part of the reduction of the outstanding loan balance by the appraised value of $149,766; and WHEREAS, Miami Capital Development, Inc. is requesting to donate said equipment to the City of Miami; and WHEREAS, Miami Capital Development, Inc. is further requesting that the City of Miami approve abatement of its loan receivable amount by said $149,766; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to accept as a donation, equipment valued at $149,766 from Miami Capital Development, Inc. and thereby transfer title of said equipment to the City in a form acceptable to the nag.,.- FcitFTEETNIG TY CUT:TPnl sSIC OF SEP 88 1987 RESOLUTION No. 87— / '.� /' a REMARKS: Seotion a. Upon aooeptanoe of said equipment and s transfer of title, the City Manager is hereby authorized to approve Miami Capital Development, lno,'s request to abate its loan reoeivables by the amount of $140,T56 thereby reducing the outstanding loan amount due from the PrincipaIs of Super Save Supermarket by said amount. Section 3. This Resolution shall be operatiV6 upon its adoption and the provisions thereof, unless otherwise indicated herein, shall also become effective upon its adoption. PASSED AND ADOPTED this 8th day of S r. 1987. XAVIER L. RtAREZ, MAYOR ATTEST: MA Y HIRAI CITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY APPROVEp� TO FORM AND CORRECTNESS: LU IA A. DOUCHE Y CITY ATTORNEY RFC:bss:M5l2 -2- 8 —774 dItY OV MIAMI. IrLOAlbA INfUEFt-OFF1Ct MCM014ANDUM to Honorable Mayor and Members Of the City commission rRo�� t1 a A. Boug Arty City Attorney DAtE September go 1081"'LE SUBJECT City Commission Meeting September 8, 1981 REEERENCE5 Agenda Items 413, 414. #43, 458 and 498 ENCLOSURES (2) The following information and material should be considered by you in your deliberations at today's Meeting: Agenda Item 413 (J-87-787. September 4, 1987) This proposed resolution has been modified to reflect that the City Manager's execution of an agreement with the Latin Chamber of Commerce is oontingent upon funding being appropriated in the City's 1987-88 budget. Agenda Item #14 (J-87-788. September 4. 1987) This proposed resolution has been modified to reflect City Commission approval rather than its authorization of the reduction of MCDI's loan receivables from -Super Save Supermarket by an amount equal to the appraised, value of supermarket equipment formerly owned by said supermarket and being donated to the City by MCDI. The revised version accurately reflects the City's monitoring function of this agency which exercised its own authority in making said reduction. Please substitute the attached approved resolution in your Agenda Packet. Agenda Item #43 (J-87-775, September 2, 1987) We have inserted the names of two daily newspapers (The Miami Review, The Miami News) for publishing of the required notice in the resolution calling for the City Commission election (Section 8(a) at Page 4); also, we inserted the following language: M... and in such other newspapers as are customarily used by the City Clerk." No other changes have been made. NOTE: in adopting the Consent Agenda (Items #1 through #43), there should be an announcement made by the Mayor that Items #13, #14 and #43 are being voted upon "as modified". ki I Ronorable Mayor and Members of the City Commission September Si 1067 Page 2 dVeada_—.item___ e58 (0-81-809) Due to the legal rhrirement that the County and School Board be offered the opportunity to buy surplus City land, this resolution is being modified to reflect that the City Manager's issuance of the Request for Proposals for the sale of the Watson Building is authorized only after "... compliance with applicable legal requirements". Agenda item e98 (J-87-751) The Annual Appropriation Ordinance has been modified by excluding the Law Enforcement Trust Fund appropriation and revenue (Section 2 at Page 2, Section 6 at Page 4). The modification does not affeot any change in the amount of the City's General Operating Appropriations and its exolusion is deemed necessary due to the statutory provisions establishing this revenue source. Fuller explanatory language has been added in the Ordinance for the purpose of clarity (Section 1 at Page 2. Section 3 at Page 2, Section 4 at Page 3, and Section 11 at Page 6). Please substitute the attached proposed Ordinance in your Agenda Packet. LAD/RFC/bss/P448 cc: Cesar H. Odic, City Manager Natty Hirai, City Clerk Frank Castenada. Director, Department of Community Development Ron E. Williams. Director, General Services Administration Department Att: Albert Armada, Property and Lease Manager Manohar S. Surana, Director. Department of Management and Budget Carlos E. Garcia. Finance Director I IHiTEF145PPICE MEMOPA'h1DUM to. Honorable Mayor and Metbets of the City Commission i A PAbm Cesar 11, Odio' City Manager RECOMMENDATION bAtE ; ';` 3 ! 1987 �fLE: WeAct Agreement with Miami Capital Development, tne, accepting donation of equipment REPURtNcr s ENCLOSukEs It is respectfully recommended that the City Commission approve the attached Resolution authorizing the City Manager to enter into a contract with Miami Capital Development, Inc. (MCDI) in a form acceptable to the City Attorney for the purpose of accepting a contribution of equipment presently owned by MCDI from the Super Save Supermarket and thereby allowing MCDI to reduce its outstanding loan balance with the owners of Super Save Supermarket by one hundred forty-nine thousand seven hundred sixty-six dollars ($149,766), the appraised value of said equipment. BACKGROUND The Department of Community Development has analyzed the need to accept as a donation from MCDI, equipment it presently owns from the Super Save Supermarket. The principals of Super Save Supermarket have transferred title of said equipment to MCDI and have formally requested that acceptance of such, will allow its outstanding loan balance due to MCDI be reduced by the appraised value amount. MCDI has agreed to the proposal presented by Super Save Supermarket contingent upon the City Commission's acceptance of MCDI contribution of said equipment to the City and further authorizing the outstanding loan balance due to MCDI, from Super Save Supermarket, to be reduced by the appraised amount. On August 16, 1985 a formal appraisal of equipment located in the Super Save Supermarket at 1490 N.W. Third Avenue was conducted by Commercial Refrigeration, Inc. Commercial Refrigeration, Inc. appraised the value of said equipment at one hundred forty-nine thousand seven hundred and sixty-six dollars ($149,766). The acceptance of the aforementioned proposal will allow the principals of the Super Save Supermarket to reduce its outstanding loan balance due to MCDI by the appraised value amount. N't 87,7" "„ (i KOPPEN, WAt N �ARTNERS a ASSOCIATI=S GEORGE M.EVANS jr�` •� A PR SSIONAL ASSOCIATION DANIEL O.GONZALEZ,JR. MARITZA GONZALEZ ) �' ATTORNEYS AT LAW CURTIS J. HERBERT ROBERT `i ! , 700 NORTHEAST 9OT" STREET r'' �� A KOPPEN S MIAMI,FLORIDA 33138-3206 R.DANIEL KOPPEN •1• i ( f� ! TELEPHONE (305) 754-S442 PETER kOSTE j j CI-IRISTINE M. MORENO ANA M. VEL12 Imo•• ( I ( J J f �� , ' �,'' - 1 ANNEX ALAN S WALTERS . , •rat%;r, , f 181 NORTHEAST 82"_4 STREET J. HERBERT WATKINS,JR. ' MIAMI. FLORIDA 33138 TELEPHONE (305) 7S6-8507 Or COUNSEL LEONARD DUDZIAK November i6, 1987 Mr. Frank Castaneda City of Miami Dept. of Community Development 1145 N.W. 11th Street Miami, Florida 33136 Re: Miami Capital Development, Inc. -v- Super Save Supermarket Dear Mr. Castaneda: Pursuant to the Resolution adopted by the City of Miami accepting a contribution of equipment owned by Miami Capital Development, Inc., from the Super Save Supermarket and further approving Miami Capital Development, Inc., to reduce its loan receivables by the appraised value of said equipment and decreasing the total amount due to Miami Capital Development, Inc. from the principals of Super Save Supermarket by the same amount, enclosed please find a duly executed Bill of Sale from Miami Capital Development, Inc., in favor of the City of Miami. If I can be of further assistance, please feel free to call me. Very truly yours, KOPPEN, WATKINS, PARTNERS & ASSOCIATES A Professional Assoc tion r MARITZA GONZAL MG:aaw Enclosure cc: Pablo Perez -Cisneros Rafael Rivas, Esquire Rill of Sale (Absc te) °* m Z Y H a� J F < W T W Z Z k W < a a 0 x Z W a Z < O a_ W M 0 l,! 2 Q _< r M'um"t rood U.0% U. &-% "ii'iv' drff iw'lydl ft. hS.'s /+'e"s, "r•'I•.Yhwo. =61118.'I wwd '.• YI, wr ./ ftm ..IM•hw,6vlvl h,Nln 1M WI n/ fM Ian/u In• wrlwY' Ifr,f ,wrlud' th' Mu." rwd Al rluw,l to. t.w/a W' 0. t.I• ./ o.Y �r4dr• .I n ll ...frdr sll �Isdl•i .4d .[—we fA' t"M 4.1. ttyll ,i.Ir.f, sll1M h,.r0, h,• 4 400'..w'A ,/ wu,•r Ww .w. That MIAMI CAPITAL DEVELOPMENT, INC., a Florida not -for - profit corporation of the City of Miami in the County of Dade and .State of Florida , of the. first part, for and in consideration of the sum of * Dollars. lawful money of the United States, to him paid by City of Miami, a Florida Municipal Corporation of 3500 Pan American Drive, Miami, Florida 33133 , party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained, sold, trans- ferred and delivered, and by these presents does grant, bargain, sell, transfer and deliver unto the said party of the second part, the following goods and chattels, * Pursuant to a Resolution adopted, the City Commission accepted a gift of the following described personal property from Miami Capital Development, Inc.: Any and all equipment and item-s of personal property presently contained at the improvements located at 807 N.W. 3rd Avenue., Miami, Florida. Said items of personalty are free and clear of all liens, encumbrances and claims of every kind, nature and description whatsoever. (TO halt and to MOM the same unto the said party of the second part forever. And he does covenant to and with the said party of the the second part that he is the lawful f)ivner of the said goods and chattels; that they are free from all incumbrances; that he has good right to sell the same as aforesaid, and that he will warrant and defense, the sale of the said property, goods and chattels hereby nr.ade, unto the said Party of the s^coed part, agai.ist the lauvficl claims and demands of all persons whomsoever. Jn Wtttttso 104trtof. he has hereunto set his hand and seal the 5 th day of November , in the year one thousand nine hundred and ei hty seven MIAMI CAPITAL QEVELOPMENTlINC. Signed.Sealed and Del ?vend in Pmeence of a not- -pr t corpo tion an A. del Cerro Z—o-, ptv_t-da�_ PresidentStatt of Florida Jroudg of DADE 3 31rrrbg (AnWg That on thur day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, JUAN A. del CERRO, as President of MIAMI CAPITAL DEVELOPMENT,INC. to me well known to be the. person described in and who executed the foregoing Bill of .Sale, and he acknowledged -before me that he executed the same freely and voluntarily for the purposes therein expressed. #itnru my hand and official seal at City of Miami County of Dade , and State of Florida this 5 th day of November , A. D. 198 7 i Notary Public My Commission M'apires - BOTANY PUBLIC STATE OF FLORIDA NY CONNISSION EXP/ NOV 9, Igo? BONDED THRU GENERAL INS. UlDe KOPPEN, WATKINS, PARTNERS St ASSOCIATES A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW 181 N E EIGHTY SECOND STREET MIAMI, FLORIDA 33138 0 Rafael Rivas, Esquire City Attorneys' Office One S.E. 3rd. Avenue Miami, Florida 33132 H H ;