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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.uas
File Number: 05-00047
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO DECLARE SURPLUS THE CITY -
OWNED REAL PROPERTY LOCATED AT 2459 SOUTHWEST 28TH STREET,
MIAMI, FLORIDA ("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN "
EXHIBIT A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY
MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("
AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE SALE OF
THE PROPERTY TO RUBIN BRICKMAN, TRUSTEE, NANCY RUBIN, AND
DEBBIE BRICKMAN, TRUSTEE IN THE AMOUNT OF TWO THOUSAND SIX
HUNDRED AND FOUR DOLLARS ($2,604), AND TO CONSUMMATE SUCH
TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF
THE AGREEMENT, WHICH TERMS MAY BE SOLELY AMENDED BY THE CITY
MANAGER AS MAY BE NECESSARY IN ORDER TO EFFECT THE SALE IN AN
EXPEDITIOUS MANNER.
WHEREAS, the City of Miami ("City") has been approached by Rubin Brickman, Trustee and
Nancy Rubin, and Debbie Brickman, Trustee, ("Purchaser") regarding the sale of a two -foot strip of
City -owned property located at 2459 Southwest 28th Street, Miami, Florida ("Property"); and
WHEREAS, Purchaser is in the process of constructing a home on the adjacent site and this
Property is desired in connection with such development; and
WHEREAS, the Property was conveyed to the City by Miami -Dade County in connection with
delinquent taxes under provisions of Florida Statute Section 197.592, as amended; and
WHEREAS, currently the Property sits vacant, represents a maintenance cost and liability to the
City, and does not generate ad valorem taxes; and
WHEREAS, a purchase price of Two Thousand Six Hundred and Four Dollars ($2,604) is to be
paid by the Purchaser to the City; and
WHEREAS, Section 29B of the City Charter provides an exemption from the competitive bidding
requirements and return of fair market value when disposing of City -owned property acquired in
connection with delinquent taxes;
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 to declare surplus the Property, as more particularly
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Printed On: 2/15/21105
City of Miami
File Number: 05-00047
described in "Exhibit A," attached and incorporated.
Section 3. The City Manager is authorized{1 } to execute an Agreement, in substantially the
attached form, for the sale of the Property to the Purchaser in the amount of two thousand six hundred
and four dollars ($2,604) and to consummate such transaction in accordance with the terms and
conditions of the Agreement, which terms may be solely amended by the City Manager as may be
necessary in order to effect the sale in an expeditious manner.
Section 4. The City does not warrant the sufficiency of its title nor any interest it may have in the
Property, nor does it make any covenant whatsoever as to the Property, which are being conveyed to
Purchaser "AS IS" and "WHERE IS" and which Property, Purchaser accepts "AS IS" and
"WHERE IS."
Section 5. Purchaser shall pay any and all expenses existing at this time and incurred in the future
relating to the Property, including but not limited to all costs involved in the conveyance of title, all
recording fees, documentary stamp taxes and any other fees, taxes or charges upon the Property, as
may exist at this time and from this day forth in the future.
Section 6. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTN
ORGE
CITY AT 0 EY
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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