HomeMy WebLinkAboutresolutionCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 05-00546 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY
A FOUR -FIFTHS (4/5THS) 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, FOR A 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 3 Printed On: 6/13/2005
File Number: 05-00546
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 (415ths) 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 (415ths) 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}
APPROVED AS TO FORM AND C • ' RECTNESS/
JO.FERNANDEZ
A TORNEY
Footnotes:
City of Miami
Page 2 of 3 Printed On: 6113/2005
File Number. 05-00546
{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 3 of 3 Printed On: 6/13/2003