HomeMy WebLinkAboutR-03-1094City of Miami
Legislation
Resolution: R-03-1094
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 03-0022 Final Action Date: 10/9/2003
(4/5THS VOTE)
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
BYA FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AUTHORIZING THE CITY
MANAGER TO EXERCISE THE OPTION TO PURCHASE REAL PROPERTY
LOCATED AT 749 NORTHEAST 79TH STREET, MIAMI, FLORIDA
("PROPERTY"), AS LEGALLY DESCRIBED IN "EXHIBIT A," FOR THE
DEVELOPMENT OF A FIRE STATION, FOR A TOTAL PURCHASE PRICE OF
$480,000, AUTHORIZING THE CITY MANAGER TO EXECUTE AN OPTION TO
PURCHASE REAL PROPERTY AGREEMENT ("OPTION AGREEMENT"), IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND
DELIVERANCE CHURCH OF THE NAZARENE, A FLORIDA CORPORATION;
ALLOCATING FUNDS, IN THE AMOUNT OF $500,000 FROM THE
NEIGHBORHOOD FIRE STATIONS AND TRAINING FACILITY PROJECT,
ACCOUNT NO. 313306.289307 APPROPRIATED FROM THE $255 MILLION
HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND TO COVER
THE COST OF SAID ACQUISITION INCLUSIVE OF COST OF SURVEY,
ENVIRONMENTAL REPORTS, AND TITLE INSURANCE.
WHEREAS, Resolution No. 02-1294, adopted December 12, 2002, authorized and approved
certain projects to be funded from the Homeland Defense/Neighborhood Improvement Bond
Funds; and
WHEREAS, Ordinance No. 12380, adopted July 17, 2003, as amended, the Capital Projects
Appropriations Ordinance, appropriated $15,750,000 available funds from the Homeland
Defense/Neighborhood Improvement Bond Proceeds for various capital improvement purposes
including appropriating $5,500,000 to the Neighborhood Fire Stations and Training Facility Project
Account No. 313306; and
WHEREAS, the Department of Fire -Rescue has determined a need to add a fire station in the
Upper Eastside area of the City of Miami to improve emergency response time and that the fire
station must be located within the following boundaries between Northeast 5th Avenue to the west,
Northeast 11th Avenue to the east, Northeast 73rd Street to the south, and Northeast 82nd Street
to the north, Miami, Florida, ("NE Fire Station Project"); and
WHEREAS, the property located at 749 Northeast 79th Street, Miami, Florida, is within the
Northeast Fire Station Project boundary; and
WHEREAS, an independent appraisal was procured and established $400,000 as the fair
market value for the Property; and
City of Miami
Page 1 of 2 File Id: 03-0022 (Version: 2) Printed On: 8/17/2016
File Number: 03-0022 Enactment Number: R-03-1094
WHEREAS, the Purchase Price exceeds the appraised value of $400,000 by $80,000; and
WHEREAS, the Deliverance Church of the Nazarene, A Florida Corporation (Seller) has
agreed to demolish, cap the sewer, and remove all structures and debris (excluding any fencing)
from the Property as part of the purchase price; and
WHEREAS, it is a condition precedent to the validity of the Option to Purchase Real Property
Agreement ("Option Agreement") and its execution by the City Manager that the Miami City
Commission approve the Option Agreement by a greater majority of a 4/5th affirmative vote; and
WHEREAS, failing such approval the Option Agreement shall be automatically null and void
without the necessity of further action by either party;
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 adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized{1} to exercise the Option to Purchase Real Property
located at 749 Northeast 79th Street, Miami, Florida, for the development of a fire station.
Section 3. The City Manager is authorized{1} to execute the Option Agreement, in substantially
the attached form, between the City of Miami and Deliverance Church of the Nazarene, a Florida
corporation, to purchase said property, as legally described in "Exhibit A," attached and
incorporated, with funds, in the amount of $500,000, allocated from the Neighborhood Fire
Stations and Training Facility Project, Account No. 313306.289307 appropriated from the $255
Million Homeland Defense/Neighborhood Improvement Bond to cover the costs of said acquisition
inclusive of cost of survey, environmental reports, and title insurance.
Section 4. 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: 03-0022 (Version: 2) Printed On: 8/17/2016