HomeMy WebLinkAboutR-87-0279.1lit
J-87-275
3/13/87
RESOLUTION NO. 87r279.1
A RESOLUTION CONDITIONALLY ACCEPTING THE
OFFER BY THE OWNERS OF CERTAIN REAL PROPERTY
LOCATED AT APPROXIMATELY 34-90 BEACOM
BOULEVARD AND 2261-65 S.W. 1ST STREET IV THE
CITY OF MIAMI, MORE PARTICULARLY DESCRIBED AS
LOTS 12, 131 14 AND 15 INCLUSIVE, OF THE
KENILWORTH REVISED SUBDIVISION, AS RECORDED
IN PLAT BOOK 5 AT PAGE 115 OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, TO CONVEY
TOTAL INTEREST IN SAID PROPERTY TO THE CITY
OF MIAMI FOR THE SUM OF NINE HUNDRED AND
NINETY THOUSAND DOLLARS ($990000.00), TO BE
USED AS PART OF THE SITE FOR THE SOUTH
DISTRICT POLICE SUBSTATION; AUTHORIZING
TENANTS TO REMAIN FOR A PERIOD OF AT LEAST 6
MONTHS; FURTHER, AUTHORIZING AND DIRECTING
THE CITY ATTORNEY TO PROCEED TO CLOSE ON SAID
PROPERTY AFTER EXAMINATION OF THE ABSTRACT
AND CONFIRMATION OF OPINION OF TITLE; SAID
ACQUISITION COSTS TO BE PROVIDED FROM 1984
MIAMI POLICE HEADQUARTERS AND CRIME
PREVENTION FACILITIES BONDS.
WHEREAS, the City Commission adopted Emergency Ordinance
No. 9803, which provided for the construction and establishment
of a full service police substation in the Little Havana area;
and
WHEREAS, the approved site of the South District Police
Substation includes that parcel of property known as Parcel No. 5
which 'is owned by the Estate of Dorothy Simon, the fee simple
title to all of which is required for this valid public and
municipal use; and
WHEREAS, this property is presently owned by the Estate of
Dorothy Simon and consists of Lots 12, 13, 14 and 15, inclusive
of the Substation site ("Simon tract"); and
WHEREAS, the Simon tract is an essential element in the
development of the Little Havana Substation; and
WHEREAS, this City Commission, via Motion 87-21, on January
8, 1987, rejected a proposed settlement agreement with the Simon
tract owners for $760000.00 because said figure did not include
the interest of all parties, particularly, the tenants still on
the site; and
CITY COMMISSU
MEETING OF
MAR 13 1987
r
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WHEREAS, this Commission directed the Staff and the City
Attorney to negotiate the acquisition of the property, inclusive
of all interest; and
WHEREAS, pursuant to those instructions, the negotiations
resulted in an offer from all interested parties (ownership and
leasehold interest, including Quality Auto Shops Corporation,) on
the Simon tract to accept an amount totaling $990,000.00 for
conveyance of total interest, including moving expenses, business
expenses, leasehold interests, relocation benefits, damages, and
any other unascertained claims; and
WHEREAS, it is the opinion of the Property and Lease Manager
that the relocation expenses for Quality Auto Shops Corporation
alone could approach ONE HUNDRED THOUSAND DOLLARS ($100,000.00)
due to the unique circumstances surrounding the auto repair and
body shop in its present location; and
WHEREAS, the City as obtained three appraisals on said
parcel; and
WHEREAS, the City's recent experiences in condemnation
acquisition has reflected a disastrous escalation in costs due to
such proceedings; and
WHEREAS, the offer quoted herein takes in consideration all
costs which may have accrued to the property owners by virtue of
any City action and further reflects the City's policy of
providing a bonus to property owners and relocation expenses by
businesspersons displaced by public acquisition of real estate
within the South District Police Substation site; and
WHEREAS, the acquisition of this site and the expenditure of
funds provided herein are in the best interest of the general
welfare of the City of Miami;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OP THE CITY
OP MIAMI, PLORIDA:
Section 1. The City Commission hereby accepts the offer
of the Estate of Dorothy Simon ("Offeror") to convey title to the
City of Miami of that certain parcel of real property known as
Parcel No. 5 on the site of the proposed South District Police
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Substation for the sum of NINE HUNDRED AND NINETY THOUSAND
DOLLARS ($990,000.00). Said parcel is generally known as 34-90
Beacon Blvd. and 2261-65 S.W. 1st Street within the City of
Miami, and is more particularly described as Lots 12, 13, 14 and
15 inclusive, KENILWORTH REVISED SUBSTATION, as recorded in Plat
Book 5 at Page 115 of the Public Records of Dade County, Florida.
Section 2. Acceptance of this offer is conditioned and
contingent upon the Offeror conveying total interest and clear
title to said property free of, inter alia, any and all claims by
owner and any and all current and former tenants, including, but
not limited to, damages, relocation expenses, business expenses,
leasehold interest, relocation benefits, attorney's fees, and any
other unascertained claims, and providing written assurances,
acceptable to the City Attorney of compliance with the intent of
this paragraph.
Section 3. The City Attorney is hereby authorized and
directed to proceed to close on said property upon examination of
the abstract and confirmation of the Opinion of Title and
compliance with the conditions set forth in paragraph 2 above.
Section 4. The City Commission hereby authorizes all
tenants presently located on the subject property to remain for a
period of at least 6 months upon continued and timely tender of
present rental payments. Tenants shall, however, vacate premises
upon a 30-day written Notice by City, subsequent to said 6-month
period.
Section 5. Funds in the amount of NINE HUNDRED AND
NINETY THOUSAND DOLLARS ($990,000.0O) from the 1984 Miami Police
Headquarters and Crime Prevention Facilities Bonds are hereby
allocated and authorized to pay the cost of said acquisition.
Section 6. All recitals and findings contained in the
preamble of this resolution are hereby incorporated by reference
thereto and are hereby adopted as it fully sets forth in this
! Section.
- 3- 87r275,1
a
PASSED AND ADOPTED this 13th day of March , 1987.
,XAVIER L. SUAVE , MAYOR
ATT
MAVVY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
�0, /,u &4/
L E. MAXWELL
ISTANT CITY ATTORNEY
JEM/db/M361
APPROVEDAV
TO FORM
AND CO E NESS:
--q a7. LVVV
TY ATTORNEY
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CITY OF MIAMI. FLORIDA
i
' INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and DATE: FILE:
Members of the City
Commission
FROM: Cesar H. Odio
City Manager
RECOMMENDATION:
SUBJECT: Resolution authorizing
the City Manager to
authorize an offer to
REFERENCES: purchase - Simon property
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the
attached resolution authorizing an offer to purchase Lots 12, 13,
14, and 15, Kenilworth Revised Subdivision, Plat Book 5, Page
115, of the Public Records of Dade County, Florida, from Charles
Simon/Robert Simon/Sonya R. Summers, property owners as to the
estate of Dorothy Simon, in connection with the South District
Police Substation. This tract is essential to the development of
the South District Police Substation.
BACKGROUND%
The General Services Administration Department began negotiations
in May, 1986 with the above property owners, as authorized by
Resolutions 86-289 and 86-290. The property owners rejected the
City's best offer of $679,250, which amount was based on the
first two appraisals received, plus a bonus. On July 31, 1986,
the Simon property was submitted to the Law Department for
condemnation proceedings; subsequently, a third appraisal was
obtained on October 22, 1986.
At the Commission meeting of January 8, 1987, an offer to
purchase the Simon tract for $760,000, based on the third
appraisal but not inclusive of a twelve-year leasehold estate,
was presented to the Commission for approval but was rejected.
At the same meeting, the City Commission directed staff and the
City Attorney to negotiate the total interest acquisition of the
property.
On February 26, 1987, via Motion 87-2111, the City Commission
authorized and directed the City Manager to extend to March 12,
1987 present negotiations in connection with proposed
construction of the police substation. The motion also specified
that unless a final deal was reached by March 12, 19871, all
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Honorable Mayor and Resolution authorizing
Members of the City the City Manager to
Commission authorize an offer to
Page 2 purchase - Simon property
negotiations would be terminated forthwith. Recent negotiations
have culminated in an offer to settle for $990,000, for the
City's acquisition of total interest of the Simon tract. This is
not only inclusive of the fee simple estate, but also the
leasehold estate held by Quality Auto Shops -including the
nonconforming use, as well as relocation costs-, relocation costs
for the minor tenants, attorney s fees and opportunity cost
savings related to the avoidance of lengthy condemnation
proceedings.
Attachments: Proposed resolution
Proposed purchase & sale agreement
87-2of' 9 * 1