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HomeMy WebLinkAboutR-04-0069City of Miami Legislation Resolution: R-04-0069 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-00041 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") BETWEEN THE CITY OF MIAMI AND BEN PUMO, REVOCABLE TRUST, ATTACHED AND INCORPORATED, FOR THE ACQUISITION OF PROPERTY LOCATED AT 6421 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, ("PROPERTY"), AS LEGALLY DESCRIBED IN THE AGREEMENT, IN CONNECTION WITH THE DEVELOPMENT OF LITTLE HAITI PARK, FORATOTAL PURCHASE PRICE OF $538,225 AND TO CONSUMMATE SAID TRANSACTION IN ACCORDANCE WITH THE TERMS OF THE AGREEMENT; ALLOCATING FUNDS, ATATOTALAMOUNT NOT TO EXCEED $576,270, 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 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 Homeland Defense/Neighborhood Improvement Bond Issue; and WHEREAS, the property located at 6421 Northeast 2nd Avenue, Miami, Florida ("Property"), is within the Park Project boundaries and is necessary for the land assembly required for the Little Haiti Park Project; and WHEREAS, an independent appraisal established $520,000 as the fair market value for the Property; and WHEREAS, the Department of Economic Development prepared a Purchase and Sale Agreement ("Agreement") between the City of Miami ("City") and Ben Pumo, Revocable Trust, attached and incorporated, to purchase the property for $538,225, with a deposit of $50,000; and WHEREAS, the Purchase Price exceeds the appraised value of $520,000 by $18,225; and City of Miami Page 1 of 2 File Id: 04-00041 (Version: 1) Printed On: 8/29/2016 File Number: 04-00041 Enactment Number: R-04-0069 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 between the City and Ben Pumo, Revocable Trust, attached and incorporated, for the acquisition of property located at 6421 Northeast 2nd Avenue, Miami, Florida, as legally described in the Agreement in connection with the development of Little Haiti Park, with a total purchase price of $538,225 and to consummate said transaction in accordance with the terms of the Agreement; with funds allocated, at a total amount not to exceed $576,270, from the $255 Million Homeland Defense/Neighborhood Improvement Bond to cover the costs of said acquisition inclusive of costs of survey, appraisal, environmental report, 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: 04-00041 (Version: 1) Printed On: 8/29/2016