HomeMy WebLinkAboutR-05-0406City of Miami
Legislation
Resolution: R-05-0406
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-00547 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 PROPERTY LOCATED AT 990 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 $900,000;
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
JEFFREY LEFCOURTAND TO CONSUMMATE SAID TRANSACTION IN
ACCORDANCE WITH THE TERMS OF SAID OPTION AGREEMENT; ALLOCATING
FUNDS, IN THE AMOUNT NOT TO EXCEED $935,200, 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;
FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE ASSIGNMENT
OF THE EXISTING LEASE AGREEMENT ("LEASE"), IN SUBSTANTIALLY THE
ATTACHED FORM, FOR THE PROPERTY AND TO EXECUTE ALL NECESSARY
DOCUMENTS IN CONNECTION WITH THE OPTION AGREEMENT AND
ASSIGNMENT OF SAID LEASE.
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 ("City") 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 property located at 990 Northeast 79th Street, Miami, Florida ("Property"), is
within the Northeast Fire Station Project boundary; and
City of Miami
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File Number: 05-00547 Enactment Number: R-05-0406
WHEREAS, two independent appraisals were procured and established $747,500 as the fair
market value for this Property; and
WHEREAS, the purchase price exceeds the appraised value by 20.4%; and
WHEREAS, the Department of Economic Development has prepared an Option to Purchase Real
Property Agreement ("Option Agreement") to purchase the property for $900,000; and
WHEREAS, the purchase is subject to acceptance of an existing lease which provides Vertigogo,
Inc. and Rafael R. Legisima, jointly and severally, the ability to continue operating on the Property,
subject to the terms of the Lease Agreement ("Lease"), for a period not to exceed August 31, 2006;
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 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 property located at 990 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
$900,000, 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 and Jeffrey Lefcourt and to consummate said
transaction in accordance with the terms of said Option Agreement, with funds in the amount not to
exceed $935,200, 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.
Section 4. The City Manger is further authorized{1} to accept the assignment of the existing
Lease, in substantially the attached form, for the Property and to execute the necessary documents in
connection with the Option Agreement and assignment of said Lease.
Section 5. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
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File Number: 05-00547 Enactment Number: R-05-0406
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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