HomeMy WebLinkAboutR-86-0884J86-893
10/29/86
RESOLUTION NO.
A RESOLUTION AUTHOR17ING THE CITY
ATTORNEY TO INSTITUTE AND 14AINTAIN LEGAL
PROCEEDINGS AGAINST T A R STORE
FIXTURES, 11K. A/V/ A T F� R PROPERTIES,
INC. (COLLF_CTI VEL Y ("T f P" ) AND/OR ITS
PROPRIETORS, ANTONID AND PEYNALDO
HECHAVARRIA IN C0N141CTION WJTH ALL
REMEDIES AVAILABLE TO THE CITY OF MIAMI
REGARDING THE FAILURE OF T & R TO REMOVE
ITSELF FROM CITY -OWNED REAL PROPERTY
LOCATED IN THE SOUTHEAST OVERTOWN/PARK
WEST REDEVELOPMENT AREA OF THE CITY OF
MIAMI.
WHEREAS, Resolution No. 85-864 adopted September 12, 1985,
authorized the City Manager to purchase eight parcels of land
located within the Southeast Overtown/Park West Redevelopment
Area upon the terms and conditions set forth therein; and
WHEREAS, on or about September 25, 1985, the City purchased
from Antonio and Reynaldo Hechavarria the premises known as T & R
Store Fixtures in the aforementioned area; and, despite repeated
requests, the business operating on the premises, T & R Store
Fixtures, Inc., has not vacated the premises within the time
prescribed by the Ci.ty;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Attorney is hereby authorized to
institute and maintain proceedings against T & R Store Fixtures,
Inc., A/K/A T & R Properties and/or its proprietors, Reynaldo and
Antonio Hechavarria (collectively "T & R") in connection with all
remedies available to the City of Miami regarding the failure of
T & R to remove itself from City -owned real property located in
the Southeast Overtown/Park West Redevelopment Area of the City
of Miami.
CITY COMMISSION
MEETING OF
NOV 13 1966
1 1ESSMION W.86
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PASSED AND ADOPTED this 13th day of _Noyember
WEST:
PREPARED AND APPROVED BY:
i
APPROVED/AS'TO FORM & CORRECTNESS:
N
CITY OF MIAM1, FLORIDA
INTER -OFFICE MEMORANDUM DUD
TO.Honorable Mayor and Members DATE. NOV 51986 ME:
of the City Commission
SUBJECT Resolution authorizing
the City Attorney to
Institute Lecal Action
FROM: REFERENCES• Against 7 & p Store
Fixtures, Inc. for
Cesar H. Odio Eviction
City Manager ENCLOSURES November 13th Comm. Agenda
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the
attached resolution authorizing the City Attorney to institute
and maintain legal proceedings against T & R Store Fixtures,
Inc., and its proprietors, Antonio and Reynaldo Hechavarria to
remove T & R Store Fixtures from property previously purchased by
the City at 918 North Miami Avenue.
BACKGROUND:
The Department of Development and the Law Department have
reviewed this item. On June 4, 1985, the City reached a
negotiated agreement with Antonio and Reynaldo Hechavarria (The
SELLERS) to purchase their properties at 842 and 918 North Miami
Avenue for the Southeast Overtown/Park West Redevelopment
Project. Located at 918 North Miami Avenue was T & R Fixtures,
Inc., wholly owned by the Hechavarrias. The agreement provided
for a minimum period of 120 days after date of closing in which
to relocate the business.
On September 20, 1985 upon payment of more than $860,000 for the
two parcels, of which $539,000 was cash in hand to the Sellers,
the City took title to the properties. At that time a Securi ty
Agreement was executed evidenced by a Promissory Note for $28,549
(in place of $73,000 escrow as previously agreed) that the
Sellers would not hold over beyond February 28, 1986 (150 days
from date of closing). Rent was fixed at $1,250 per month (less
than 25% of market).
Thirty -day Notices to Vacate were sent to T & R Store Fixtures on
January 6 and again on July 21 of 1986. Finally, on August 28th
a notice was sent to vacate no later than September 30, 1986.
Inasmuch as development was delayed, the City was very lenient in
granting extensions so as not to unnecessarily disrupt the
business operation.
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♦ 4
Honorable Mayor and City =2=
Commission
Discussions have been held with the Sellers and their attorney.
They have indicated that they would attempt to relocate by March
1, 1987, but definite assurances have not been forthcoming.
Now, Cruz Construction Co., is scheduled to start construction on
that si to by April 1, 1987 and the property must be turned over
to the demolition contractor for clearance no later than March 1,
1987. Jn order to meet this schedule and to forestall any
further delays, eviction proceedings must be instituted as soon
as possible.
Attachment -Resolution