The URL can be used to link to this page

Home My WebLink AboutR-96-05501 J-96-668 7/18/96 RESOLUTION NO. 9 6" 550 A RESOLUTION RELATED TO THE PURCHASE AND SALE OF CITY -OWNED PROPERTY LOCATED AT 5500 NORTHWEST 17 AVENUE, MIAMI, FLORIDA (THE "PROPERTY"), AS MORE PARTICULARLY LEGALLY DESCRIBED HEREIN; RESCINDING RESOLUTION NO. 96-424, ADOPTED JUNE 13, 1996, IN ITS ENTIRETY AND SUBSTITUTING, IN LIEU THEREOF, THE HEREIN RESOLUTION; REJECTING ALL BIDS RECEIVED IN RESPONSE TO THE INVITATION TO BID ISSUED ON JANUARY 5, 1996 FOR THE SALE SAID PROPERTY AND DIRECTING THE CITY MANAGER TO RETURN THE BID DEPOSITS SUBMITTED SIMULTANEOUSLY WITH SAID BIDS TO THE RESPECTIVE BIDDERS; FURTHER DIRECTING THE CITY MANAGER TO REISSUE THE INVITATION TO BID, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SALE OF SAID PROPERTY SUBJECT TO CONDITIONS OF SALE THAT THE DEED OF CONVEYANCE INCLUDE THE PROVISION THAT IF 1) THE PROPERTY IS UTILIZED FOR A HOMELESS SHELTER, DRUG REHABILITATION CENTER OR MENTAL HEALTH CLINIC, OR 2) THE PROPERTY IS NOT BROUGHT UP TO CODE OR DEMOLISHED WITHIN SIX MONTHS OF CLOSING, THE PROPERTY AUTOMATICALLY REVERTS BACK TO THE CITY OF MIAMI. WHEREAS, on June 13, 1996, the City Commission adopted Resolution No. 96-424 which accepted the bid of Lake Paul for the purchase of City -owned property located at 5500 Northwest 17th Avenue, Miami, Florida (the "Property"), for the sum of $25,000 and authorized the City Manager to enter into a purchase and sale agreement with Lake Paul, and further authorized the City Manager and City Attorney to take the necessary steps to effectuate said sale; and CITY CObUCSSION MEETING OF J U L 2 5 1996 Resolution No. WHEREAS, the City Commission further directed the City Manager to include a provision within the Purchase and Sale Agreement that the deed of conveyance would contain a reverter provision whereby if 1) the Property is utilized for a homeless shelter, drug rehabilitation center or mental health clinic, or 2) the Property is not brought up to code or demolished within six months of closing, the property would automatically revert back to the City of Miami; and WHEREAS, Mr. Paul does not wish to accept said conditions and has indicated a willingness to proceed with the sale based on the conditions stipulated in the Invitation to Bid issued January 5, 1996; and WHEREAS, based on the provisions of Section 18-78.1(b) of the Code of the City of Miami, as amended, the City Commission cannot condition the acceptance of the Lake Paul bid upon Lake Paul accepting conditions which were not disclosed in the Invitation to Bid; and WHEREAS, Section 18-78.1(b) of the Code of the City of Miami, as amended, further authorizes the City Commission to reject all bids; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA; Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 2 - 00- 550 Section 2. Resolution No. 96-424, adopted June 13, 1996, is hereby rescinded in its entirety. Section 3. All bids received in response to the Invitation to Bid issued on January 5, 1996 for the sale of City - owned property located at 5500 Northwest 17th Avenue, Miami, Florida, are hereby rejected and the City Manager is hereby directed to return the bid deposits submitted simultaneously with said bids to the respective bidders. Section 4. The City Manager is hereby directed!' to reissue the Invitation to Bid, in a form acceptable to the City Attorney, for the sale of said property located at 5500 Northwest 17th Avenue, Miami, Florida, more particularly legally described as Lot 24, Block 13 of FLORAL PARK, according to the Plat thereof, recorded in Plat Book 5, Page 53, of the Public Records i of Dade County, Florida, less however the East 10.00 ft. of Lot i 24 in Block 13 of FLORAL PARK, according to the Plat thereof recorded in Plat Book 8, at Page 5, formerly recorded in Plat I Book 5, at Page 53 of the Public Records of Dade County, Florida, 1 and less that part of said Lot 24, which lies within the external area formed by a 5.00 ft. radius arc concave to the northwest, tangent to the south line of said Lot 24, and tangent to a line that is 10.00 ft. west of and parallel to the east line of said Lot 24, subject to conditions of sale that the deed of conveyance i� The herein direction is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. -3- 96- 55( include the provision that if 1) the property is utilized for a homeless shelter, drug rehabilitation center or mental health clinic, or 2) the property is not brought up to code or demolished within six months of closing, the property automatically reverts back to the City of Miami. Section 5. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 25rh day of July 1996. ATTEST: JU KOLLa , MAYOR WALTER EMAN CITY CLERK i PREPARED BY: c?- ED A RODR G DIRECTOR AS SET MANAGE E APPROVED AS TO FORM AND CORRECTNESS: W1005/LL./BSS Z� 56- 550 SENT 6Y:COM PLAN REWASSET MGM: 7-18-96 ;10:01AM CITY OF MIAMI-a CITY MANAGER'S OFF. :# CITY OF MIAMI, FLORIDA. INTER -OFFICE MEMORANDUM 23 TO The Honorable Mayor & Members of the City Commission Cesa City MCOMMENDATION: DATE : SU6JE(.:T REFERENUFS: ENCLOSUR17`5 JUL 18 1996 Rescind Resolution & Reject Bids for Purchase of City Property at 5500 NW 17 Ave FILE : It is respectfully requested tbatu the City Commission adopt the attached Fcsclutinn related to the purchase and sale of the City -owned property located at 5500 Northwest 17 Avenue, Miami. Florida (the "Property"); rescinding Resolution 96-424 adopted on June 13, 1996 in its entirety and substituting in lieu thereof the herein Resolution; rejecting all bids received in response to the invitation to Bid issued on January 5, 1.996 for the sale of the Property; directing the City Manager to return the bid depoeits submitted simultaneoualy with said bide; [-.urther directing the City Manager to reissue the Invitation to Bid, in a form acceptable to the City Attorney, for the sale of the Property, as more particularly described herein, ,4ubjeet to applicable City Charter and Code provisions; directing the City Manager to include within the eonditiona of sale that the deed of conveyanLe shall include a provision whereby if 1) the Property is utilized for a homeless shelter, drug rehabilitation center or mental health clinic, or 2) the Property iy not brought up to code or demolished within six months of closing, the property would automatically revert back to the City of Miami. . ACKGROTJND; The Office of Asset Management has prepared the attached Resolution for consideration by the City Commission. On. June 13, 1996, the City Ummission adopted Resolution 96-424 which accepted the bid of Lake Paul for the purchase of the Property for the sum of $25,000 and authorized the City'Manager to enter into a purchase :and sale agreement with Lake Paul. Said Resolution also authorized the City Manager and City Attorney to take the necessary steps to effectuate said sale. The City Commission further directed the City Manager to include a provision within the Purchase and Sale Agreement that the deed of conveyance would contain a reverter provision whereby if 1) the Property is utilized for a homeless shelter, drug rehabilitation center or mental health clinic, or 2) the Property is not brought up to Code or demolished within six months of closing, the property would automatically revert back to the City of Miami. Mr. Paul does not wish W accept these conditions and has indicated a willingneas to proceed with the sale based an the conditions sttipulated in the Invitation to Bid issued. on January 5, 1906. Based on the provisions of Section 18-78A(b) of the Code of the City of Miami, as amended, the City Commission cannot condition the acceptance of Mr. Paul's bid upon his acceptance of conditions which were not disdutaed in the Invitation. to Bid. Section til•78.1(b) of the City Code does, however, authorize the City Commission to reject al1 bids+. Sb-- 55 SENT BY;COM PLAN REV/ASSET MGM; 7-16-66 ;10;O1AM ; CITY OF M1AM1- CITY MANAGER'S OFF.;# 3/ 6 Honorable Mayor, and Members of the Citv 'commission Page 2 Therefore, it is recommended at this time that the City Commission adopt the attached Resolution rescinding Resolution 96.424 and reject all bids received in response to the Invitation to Bid. It is further requested the City Manager be authorised to reissue the Invitation to Bid, subject to applicable City Charter and Code provisions, and to include within the conditions of sale that the deed of conveyance shall include a provision whereby if 1) the Property is utilized for a homeless shelter, drug rehabilitation center or mental health clinic, or 2) the Property is not brought up to code or demolished within six months of closing, the property would automatically revert back to the City of Miami. E 2 96-- 550