HomeMy WebLinkAboutR-04-0357City of Miami
Legislation
Resolution: R-04-0357
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00494 Final Action Date: 5/27/2004
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
ATTORNEY TO INITIATE AN ACTION FOR SPECIFIC PERFORMANCE AGAINST
ALBAAND ULISSES DUARTE, TO COMPEL THE SALE OF THE PROPERTIES
LOCATED AT 1525 AND 1535 NORTHWEST 62ND STREET, MIAMI, FLORIDA, TO
THE CITY OF MIAMI, CONSISTENT WITH THE TERMS AND CONDITIONS OF THE
PURCHASE AND SALE AGREEMENT EXECUTED FOR THE SALE OF SAID
PROPERTIES.
WHEREAS, the Board of Directors of the Model City Community Revitalization District Trust
("Trust") authorized the acquisition of the properties located at 1525 and 1535 Northwest 62nd Street,
Miami, Florida, from Alba and Ulisses Duarte ("Sellers") at its regularly scheduled meeting of
November, 2003, at a price of $14,000 per parcel for a total cost of $28,000; and
WHEREAS, pursuant to Resolution No. 03-1049, adopted September 25, 2003, the City
Commission authorized the acquisition of said properties; and
WHEREAS, the property is located between two properties currently owned by the City of
Miami ("City"), one acquired from the List of Lands on June 5, 2002, and the other acquired upon the
request of the Trust on November 21, 2003; and,
WHEREAS, the properties were acquired by the Sellers with certain title defects that the
Sellers did not cure for closing, including a recorded mortgage on the properties without a recorded
satisfaction of said mortgages and general warranty deeds without reference to the marital status of
the transferor; and
WHEREAS, the City Attorney's Office has assessed the potential of such title defects in the
future and considers the risk of challenge to be limited; and
WHEREAS, the Trust continues to have an interest in acquiring the property and has enlisted
the assistance of the City Attorney's Office to secure the interest; and
WHEREAS, the City Attorney's Office will record a Memorandum of Agreement to advise
potential buyers of the properties of the executed Purchase and Sale Agreement between the City
and the Sellers related to this property;
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 Attorney is directed to initiate an action for specific performance against
City of Miami
Page 1 of 2 File Id: 04-00494 (Version: 1) Printed On: 9/14/2016
File Number: 04-00494 Enactment Number: R-04-0357
Alba and Ulisses Duarte, to compel the sale of the properties located at 1525 and 1535 Northwest
62nd Street, Miami, Florida, to the City of Miami, consistent with the terms and conditions of the
Purchase and Sale Agreement executed for the sale of said properties.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1}
Footnotes:
{1} 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: 04-00494 (Version: 1) Printed On: 9/14/2016