HomeMy WebLinkAboutR-04-0068City of Miami
Legislation
Resolution: R-04-0068
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00040 Final Action Date: 2/12/2004
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
BYA FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AUTHORIZING THE CITY
MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT
("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF MIAMI AND B & B ENTERPRISES, FOR THE ACQUISITION OF
PROPERTY LOCATED AT 247 NORTHEAST 59TH STREET, MIAMI, FLORIDA
("PROPERTY"), AS LEGALLY DESCRIBED IN THE AGREEMENT, IN
CONNECTION WITH THE DEVELOPMENT OF LITTLE HAITI PARK, FOR A
TOTAL PURCHASE PRICE OF $189,750, AND TO CONSUMMATE SAID
TRANSACTION IN ACCORDANCE WITH THE TERMS OF THE AGREEMENT;
FURTHER ALLOCATING FUNDS, IN THE TOTAL AMOUNT NOT TO EXCEED
$215,950, FROM THE $255 MILLION HOMELAND DEFENSE/NEIGHBORHOOD
IMPROVEMENT BOND FOR COSTS INCLUDING BUT NOT LIMITED TO
SURVEYS, APPRAISALS, ENVIRONMENTAL REPORTS, TITLE INSURANCE,
AND DEMOLITION.
WHEREAS, Resolution No. 01-1029, adopted September 25, 2001, directed the City Manager
to take all steps necessary to initiate and implement the development of a superlative park in the
Little Haiti area ("Park Project"); and
WHEREAS, the boundaries for the Park Project as established by the City Commission are to
be from Northeast 59th Street to Northeast 64th Terrace between Northeast 2nd Avenue and
Northeast 4th Avenue, Miami, Florida; and
WHEREAS, Resolution No. 02-395, adopted April 11, 2002, directed the City Manager to
expedite the land acquisition for the Park Project approved in the $255 Million Dollar Homeland
Defense/Neighborhood Improvement Bond Issue; and
WHEREAS, the property located at 247 Northeast 59th Street, Miami, Florida ("Property"), is
within the park boundaries and is necessary as part of the land assembly required for the Little
Haiti Park Project; and
WHEREAS, an independent appraisal established $170,000 as the fair market value for the
Property; and
WHEREAS, the Department of Economic Development prepared a Purchase and Sale
Agreement ("Agreement") to purchase said property for $189,750, with a deposit of $25,000; and
WHEREAS, the Purchase Price exceeds the appraised value of $170,000 by $19,750; and
City of Miami
Page 1 of 2 File Id: 04-00040 (Version: 1) Printed On: 8/29/2016
File Number: 04-00040 Enactment Number: R-04-0068
WHEREAS, it is a condition precedent to the validity of the Agreement and its execution by the
City Manager that the City Commission approve the Agreement by a greater majority of a
four -fifths 4/5ths vote of its members; and
WHEREAS, failing such approval the 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. By a four -fifths (4/5ths) affirmative vote, the City Manager is authorized{1} to execute
an Agreement, in substantially the attached form, between the City and B & B Enterprises, for the
acquisition of property located at 247 Northeast 59th Street, Miami, Florida, as legally described in
the Agreement in connection with the development of Little Haiti Park, with a total purchase price
of $189,750, and to consummate said transaction in accordance with the terms of said Purchase
and Sale Agreement, with funds allocated, in the total amount not to exceed $215,950, from the
$255 Million Dollar Homeland Defense/Neighborhood Improvement Bond for costs including but
not limited to surveys, appraisals, environmental reports, title insurance, and demolition.
Section 3. 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: 04-00040 (Version: 1) Printed On: 8/29/2016