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Resolution
File Number: 09-00611
Final .action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO REVERT THE PARCEL OF LAND
CONVEYED TO PROGRESSIVE VISION COMMUNITY DEVELOPMENT
CORPORATION, INC., LOCATED AT 779 NORTHWEST 57TH STREET, MIAMI,
FLORIDA, LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND
INCORPORATED, BACK TO THE CITY OF MIAMI ("CITY") FOR
NON-COMPLIANCE WITH THE TERMS SPECIFIED IN THE CITY DEED,
SECTION 2: COMMENCEMENT OF CONSTRUCTION WITHIN TWELVE (12)
MONTHS FROM THE DATE OF CONVEYANCE; AS SPECIFIED IN EXHIBIT "A",
ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL DOCUMENTS, FOR SAID PURPOSE.
WHEREAS, pursuant to Resolution No. 05-0347, adopted May 26, 2005, the Miami City
Commission authorized the City Manager to execute the Purchase and Sale Agreement between the
City of Miami ("City") and Progressive Vision Community Development Corporation, Inc. ("Progressive
Vision") for the site located at 779 Northwest 57th Street, Miami, Florida; and
WHEREAS, on March 29, 2006, the Purchase and Sale Agreement between the City and
Progressive Vision was executed; and
WHEREAS, pursuant to Resolution 07-0192, adopted April 12, 2007, the Miami City Commission
authorized the City Manger to ratify the First Amendment to the Purchase and Sale Agreement to
provide for (i) a three (3) months extension to satisfy conditions precedent; and (ii) modification of the
unit count and type to provide three owner occupied townhouse units; and
WHEREAS, pursuant to Resolution 07-0372, adopted June 28, 2007, the Miami City Commission
authorized the City Manager to execute the Second Amendment, executed on July 23, 2007, to extend
the deadline to satisfy conditions precedent by a period of seventy (70) days, expiring on September 7,
2007 and Consent to Assignment of Purchase and Sale Agreement; and
WHEREAS, the City Deed ("Deed") was executed on October 3, 2007 between the City and
Progressive Vision requiring construction to start within twelve (12) months from the date of the Deed;
and
WHEREAS, construction has not started on the property despite continuous reminders to the
developer with respect to his obligation under the Deed restrictions; and
WHEREAS, the Administration recommends to revert the parcel of land located at 779 Northwest
57th Street, Miami, Florida, from Progressive Vision back to the City for non-compliance with the terms
specified in the Deed;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
City of Miami Page I of 2 Printed On: 5/29/2009
File Number.• 09-00611
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized {1} to revert the parcel of land conveyed to Progressive
Vision, located at 779 Northwest 57th Street, Miami, Florida, legally described in Exhibit "A", attached
and incorporated, to the City for non-compliance with the terms specified in the Deed, Section 2:
Commencement of Construction within twelve (12) months from the date of conveyance; as specified
in Exhibit "A" attached and incorporated.
Section 3. This Resolution shall become effective immediately upon its adoption and Signature of
the Mayor.{2}
APPROVED AS TO FORM AND RRECTNESS:
JULIE O. BRU !'
CITY ATTOF
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 (10) 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 Printed On: 5/29/2009