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HomeMy WebLinkAboutCRA-R-23-0040 Exhibit AExhibit "A" Southeast Overtown/Park West Community Redevelopment Agency Legislation CRA Resolution: CRA-R-23-0029 File Number: 14068 Final Action Date:5/25/2023 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA"), AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO COUNSEL, BETWEEN THE CRA AND ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH INC. FOR THE ACQUISITION OF THE REAL PROPERTIES LOCATED AT 1322 NW 3 AVENUE, 311 NW 13 STREET, AND 1300 NW 3 AVENUE MIAMI, FLORIDA 33136, CONTAINING AN APPROXIMATE TOTAL ADJUSTED AREA OF 26,241 SQUARE FEET ("PROPERTY"), AS LEGALLY DESCRIBED IN THE AGREEMENT FOR A TOTAL PURCHASE PRICE NOT TO EXCEED TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00), CONTINGENT UPON THE CRA OBTAINING A WRITTEN APPRAISAL FROM A LICENSED FLORIDA APPRAISER STATING THAT THE APPRAISED VALUE OF THE PROPERTY, IS AT A MINIMUM, THE REFERENCED AMOUNT HEREIN, PURSUANT TO SECTION 163.370, FLORIDA STATUTES, AND THE CRA REDEVELOPMENT PLAN, WITH THE OPTION TO REPURCHASE THE PROPERTY AT A LATER DATE, AS SPECIFIED IN THE AGREEMENT; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING ANY AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO COUNSEL, TO EFFECTUATE SAID ACQUISITION; ALLOCATING FUNDS FROM ACCOUNT TITLED PURCHASE OF REAL PROPERTY, IN A TOTAL AMOUNT NOT TO EXCEED THE APPRAISED VALUE PLUS THE COST OF A SURVEY, ENVIRONMENTAL REPORT, TITLE INSURANCE, AND RELATED CLOSING COSTS ASSOCIATED WITH THE ACQUISITION, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT; FURTHER AUTHORIZING THE COUNSEL TO ENGAGE WILLIAM BLOOM OF THE HOLLAND AND KNIGHT LAW FIRM AS OUTSIDE COUNSEL FOR THE REPRESENTATION OF THE CRA ON ALL MATTERS RELATED TO A TITLE COMMITMENT AND POLICY, A PHASE I ENVIRONMENTAL SITE ASSESSMENT REPORT (AND PHASE II IF REQUIRED), A SURVEY, AND REPRESENTATION AT CLOSING; PROVIDING FOR THE INCORPORATION OF RECITALS AND AN EFFECTIVE DATE. WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("CRA") is a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, and is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2018 Updated Southeast Overtown/Park West Community Redevelopment Plan Update (the "Plan"); and WHEREAS, the CRA wishes to acquire the real properties currently owned by St. John Institutional Missionary Baptist Church, Inc. ("Seller") located at 1322 Northwest 3rd Avenue, 311 Northwest 13th Street, and 1300 Northwest 3rd Avenue, Miami, Florida 33136, containing an approximate total adjusted area of 26, 241 square feet ("Property"), City of Miami Page 1 of 3 File ID: 14068 (Revision:) Printed On: 6/5/2023 File ID: 14068 Enactment Number: CRA-R-23-0029 as legally described in the Purchase and Sale Agreement ("Agreement"), in a form acceptable to Counsel; and WHEREAS, pursuant to Section 163.370, Florida Statutes, and the Plan, the CRA plans to develop the Property to enhance the quality of life in the surrounding area and address slum and blight; and WHEREAS, the proposed acquisition of the Property is consistent with Section 1 of the Plan at page 10; and WHEREAS, the CRA's estimated total cost for the acquisition of the Property will not exceed the appraised value of the subject property plus the cost of a survey, environmental report, title insurance, and related closing costs associated with said acquisition; and WHEREAS, William Bloom of the Holland and Knight law firm can assist the General Counsel with the representation of the CRA on all matters related to a title commitment and policy, a Phase I Environmental Site Assessment Report (and Phase II if required), a survey, and representation at closing; WHEREAS, it is in the best interest of the CRA to authorize an amendment to the Covenant; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. Pursuant to Section 163.370, Florida Statutes, and the Plan, the Executive Director is authorized to execute the Agreement, in a form acceptable to the General Counsel, between the CRA and the Seller for the acquisition of the Property for a total purchase price not to exceed the appraised value. Section 3. The CRA shall obtain a written appraisal from a licensed Florida appraiser stating that the appraised value of the Property. Section 4. The Executive Director is further authorized to negotiate and execute any and all necessary documents, including any amendments and modifications to said Agreement, in a form acceptable to Counsel, as may be necessary to effectuate said acquisition, with funds allocated from account number 10050.920101.662000.0000.00000, to cover the cost of said acquisition, plus the cost of a survey, environmental report, title insurance, and related closing costs associated with said acquisition, in accordance with the terms and conditions of the Agreement. Section 5. The Executive Director shall issue a report on the status of this potential acquisition within 14 days of the passage of this resolution. City of Miami Page 2 of 3 File ID: 14068 (Revision:) Printed on: 6/5/2023 File ID: 14068 Enactment Number: CRA-R-23-0029 Section 6. The CRA is authorized to engage William Bloom of the Holland & Knight law firm for the representation of the CRA on all matters related to a title commitment and policy, a Phase I Environmental Site Assessment Report (and Phase II if required), a survey, and representation at closing. Section 7. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the Executive Director, or the Executive Director's designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. Section 8. This Resolution shall be effective immediately upon its adoption. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 4 ounsel 6/2/2023 City of Miami Page 3 of 3 File ID: 14068 (Revision:) Printed on: 6/5/2023