HomeMy WebLinkAboutR-05-0405City of Miami
Legislation
Resolution: R-05-0405
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-00546 Final Action Date: 6/23/2005
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA
FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC
HEARING, AUTHORIZING THE CITY MANAGER TO EXERCISE THE OPTION TO
PURCHASE REAL PROPERTIES LOCATED AT 958 AND 960 NORTHEAST 79TH
STREET, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN "EXHIBIT A," ATTACHED
AND INCORPORATED, IN CONNECTION WITH THE DEVELOPMENT OF A FIRE
STATION, FORA TOTAL PURCHASE PRICE AMOUNT NOT TO EXCEED
$1,050,000; FURTHER 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 AND 79TH STREET LLC, A FLORIDA LIMITED LIABILITY COMPANY,
AND TO CONSUMMATE SAID TRANSACTION IN ACCORDANCE WITH THE
TERMS OF SAID OPTION AGREEMENT; ALLOCATING FUNDS, IN THE AMOUNT
NOT TO EXCEED $1,095,000 FROM THE NEIGHBORHOOD FIRE STATIONS AND
TRAINING FACILITY PROJECT, ACCOUNT NO. 313306.289307 APPROPRIATED
FROM THE $255 MILLION HOMELAND DEFENSE/NEIGHBORHOOD
IMPROVEMENT BOND FOR COSTS, INCLUDING BUT NOT LIMITED TO,
SURVEYS, ENVIRONMENTAL REPORTS, DEMOLITION AND OTHER COSTS
ASSOCIATED WITH SAID ACQUISITION; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS IN CONNECTION WITH
SAID OPTION AGREEMENT.
WHEREAS, Resolution No. 02-1294, adopted December 12, 2002, authorized and approved
certain projects to be funded from the Homeland Defense/Neighborhood Improvement Bond Funds;
and
WHEREAS, Ordinance No. 12380, adopted July 17, 2003, as amended, the Capital Projects
Appropriations Ordinance, appropriated $15,750,000, of available funds from the Homeland
Defense/Neighborhood Improvement Bond Proceeds for various capital improvement purposes
including appropriating $5,500,000, to the Neighborhood Fire Stations and Training Facility Project
Account No. 313306; and
WHEREAS, the Department of Fire -Rescue has determined a need to add a fire station in the
Northeast area of the City of Miami to improve emergency response time and that it must be located
within the following boundaries: between Northeast 5th Avenue to the west, Northeast 11th Avenue to
the east, Northeast 73rd Street to the south and Northeast 82nd Street to the north, Miami, Florida,
("Northeast Fire Station Project"); and
WHEREAS, the two properties located at 958 and 960 Northeast 79th Street, Miami, Florida, are
within the Northeast Fire Station Project boundary; and
WHEREAS, two independent appraisals where procured and established $947,500, as the fair
City of Miami
Page 1 of 2 File Id: 05-00546 (Version: 11 Printed On: 11/18/2016
File Number: 05-00546 Enactment Number: R-05-0405
market value for both properties; and
WHEREAS, the purchase price exceeds the appraised value by 11%; and
WHEREAS, the Department of Economic Development has prepared an Option to Purchase Real
Property Agreement ("Option Agreement") to purchase said properties for $1,050,000; and
WHEREAS, pursuant to Section 166.045, Florida Statutes, it is a condition precedent to the
validity of the Option Agreement and its execution by the City Manager that the Miami 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, after an advertised public hearing, the City
Manager is authorized{1} to exercise the option to purchase real properties located at 958 and 960
Northeast 79th Street, Miami, Florida, as legally described in "Exhibit A," attached and incorporated,
in connection with the development of a fire station, for a total purchase price amount not to exceed
$1,050,000, 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 79th street LLC, a Florida Limited
Liability Company, and to consummate said transaction in accordance with the terms of said Option
Agreement, with funds, in the amount not to exceed $1,095,000, allocated from the Neighborhood
Fire Stations and Training Facility Project, Account No. 313306.289307, appropriated from the $255
Million Homeland Defense/Neighborhood Improvement Bond for costs, including but not limited to,
surveys, environmental reports, demolition and other costs associated with said acquisition, and to
execute all necessary documents in connection with said Option Agreement.
Section 4. 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: 05-00546 (Version: 11 Printed On: 11/18/2016