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HomeMy WebLinkAboutR-09-0169Vop City of Miami Legislation < U R �O Resolution: R-09-0169 File Number: 09-00180 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 4/2/2009 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING SURPLUS AND APPROVING THE SALE OF A CITY OF MIAMI OWNED STRIP OF LAND LOCATED ON THE NORTH SIDE OF NORTHWEST 19 TERRACE AND 7TH AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO 7TH AVE MARKET LLC, A FLORIDA LIMITED LIABILITY COMPANY ("PURCHASER"); ESTABLISHING FIFTEEN THOUSAND DOLLARS ($15,000) AS THE AMOUNT TO BE PAID TO THE CITY OF MIAMI BY THE PURCHASER; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PURCHASE AND SALE, IN SUBSTANTIALLY THE FORM ATTACHED, AND TO EXECUTE SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID AGREEMENT, WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY IN ORDER TO MEET THE BEST INTERESTS OF THE CITY. WHEREAS, the City of Miami ("City") has been approached by 7th Ave Market LLC, a Florida Limited Liability Company ("Purchaser"), regarding the sale of approximately 529 square feet of a City -owned strip of land located on the north side of Northwest 19 Terrace and 7th Avenue, Miami, Florida (the "Property"); and WHEREAS, currently, the Property sits vacant, represents a maintenance cost and liability to the City, and does not generate ad valorem taxes; and WHEREAS, a purchase price of Fifteen Thousand Dollars ($15,000) or approximately $28.36 per square feet is to be paid by the Purchaser to the City; and WHEREAS, Section 29-B of the City of Miami Charter provides an exception from the competitive bidding requirements for the disposition of non -waterfront City -owned property when conveying to an adjacent property owner when the subject property is 7,500 square feet or less, or the subject non -waterfront property is non -buildable; and WHEREAS, the area contained in the Property is not in excess of 7,500 square feet, is non -buildable, is non -waterfront, and its conveyance to the adjacent property owner would assist in providing for the assemblage of land by the Purchaser; and WHEREAS, the Property will be conveyed "as is" and "where is" and the City will not warrant the sufficiency of its title nor any interest it may have in the Property; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miand Page 1 of 2 File Id. 09-00180 (Version: 1) Printed On: 6/5/2017 File Number: 09-00180 Enactment Number: R-09-0169 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. The City -owned strip of land located on the north side of the Property, as more particularly described in Exhibit "A," attached and incorporated, is declared surplus property and the sale of same to the Purchaser, is approved. Section 3. The City Commission establishes a purchase price of Fifteen Thousand Dollars ($15,000) as the amount to be paid to the City by the Purchaser. Section 4. The City Manager is authorized{1} to execute an Agreement for Purchase and Sale ("Agreement"), in substantially the attached form, to consummate such transaction in accordance with the terms and conditions of the Agreement, and to execute such other documents that may be necessary to consummate such transaction in accordance with the terms and conditions of the Agreement, which terms may be amended by the City Manager as may be necessary in order to meet the best interests of the City. Section 5. The City does not warrant the sufficiency of its title nor any interest it may have in the Property, nor does it make any covenant whatsoever as to the Property, which is being conveyed to Purchaser, "AS IS" and "WHERE IS" and which Property, Purchaser accepts "AS IS" and "WHERE IS" as to all conditions. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: {1} The herein authorization 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 {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission City of Miami Page 2 of 2 File Id. 09-00180 (Version: 1) Panted On: 6/5/2017