HomeMy WebLinkAboutR-04-0104City of Miami
Legislation
Resolution: R-04-0104
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00096 Final Action Date: 2/26/2004
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 245 NORTHEAST 59TH STREET, MIAMI, FLORIDA,
("PROPERTY"), AS LEGALLY DESCRIBED IN "EXHIBIT A," ATTACHED AND
INCORPORATED, IN CONNECTION WITH THE DEVELOPMENT OF LITTLE
HAITI PARK, WITH A PURCHASE PRICE OF $100,000, AUTHORIZING THE
CITY MANAGER TO EXECUTE THE OPTION TO PURCHASE REAL PROPERTY
AGREEMENT ("OPTION AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED
FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THOMAS N. YATES AND
KEITH M. YATES ("SELLER") AND TO CONSUMMATE SAID TRANSACTION IN
ACCORDANCE WITH THE TERMS OF THE OPTION AGREEMENT;
ALLOCATING FUNDS, IN THE AMOUNT OF $110,420, 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
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 245 Northeast 59th Street, Miami, Florida ("Property"), is
within the Park Project boundaries and is necessary as part of the land assembly required for the
Park Project; and
WHEREAS, an independent appraisal established $65,000 as the fair market value for the
Property; and
WHEREAS, the Department of Economic Development prepared, and the City Manager
executed, an Option to Purchase Real Property Agreement ("Option Agreement") to purchase said
property for the amount of $100,000, with an option payment of $100; and
City of Miami
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File Number: 04-00096 Enactment Number: R-04-0104
WHEREAS, the Purchase Price exceeds the appraised value of $65,000 by $35,000; and
WHEREAS, as a condition for the Purchase Price exceeding the appraised value, Thomas N.
Yates and Keith M. Yates ("Seller") shall provide the property free and clear of all tenants, perform
the removal of all debris and/or miscellaneous materials related to the existing business in place
(auto paint and body shop); and
WHEREAS, Seller shall provide the City of Miami ("City") the property free and clear of all
freestanding materials that may be of a hazardous nature (chemicals, oils, paints, etc.); and
WHEREAS, Seller agrees that if at least five (5) business days prior to closing all debris and/or
miscellaneous materials are not removed from the Property, the Purchase Price will be
automatically adjusted by the cost of such removal, and a credit given to the City; and
WHEREAS, Seller agrees that this credit will be automatically granted without the necessity of
executing any addendum or amendment to the Agreement; and
WHEREAS, it is a condition precedent to the validity of the Option Agreement and its execution
by the City Manager, that the City Commission approve the Option Agreement by a greater
majority of a four -fifths (4/5ths) 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. By a four -fifths (4/5ths) affirmative vote, the City Manager is authorized{1} to
exercise the Option to purchase real property located at 245 Northeast 59th Street, Miami, Florida,
at a purchase price of $100,000, which exceeds the independent appraisals established at fair
market value.
Section 3. The City Manager is further authorized{1} to execute the Option Agreement, in
substantially the attached form, between the City of Miami and Thomas N. Yates and Keith M.
Yates, to purchase said property, as legally described in "Exhibit A," attached and incorporated, in
connection with the development of Little Haiti Park, at a total purchase price of $100,000 and to
consummate said transaction in accordance with the terms of said Option Agreement, with funds,
in the amount of $110,420, allocated from the $255 Million Homeland Defense/Neighborhood
Improvement Bond for costs including but not limited to surveys, appraisals, environmental
reports, title insurance, and demolition.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
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File Number: 04-00096 Enactment Number: R-04-0104
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.
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