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HomeMy WebLinkAboutPre-Legislation 2J-03-380 04/28/03 EXEIIBIT A RESOLUTION NO. 0 3— 4 7 2 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN OPTION TO PURCHASE REAL PROPERTY AGREEMENT ("OPTION AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND ARY MOISE INTERNATIONAL, INC., A FLORIDA CORPORATION, TO PURCHASE PROPERTY LOCATED AT 253 NORTHEAST 59TH TERRACE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, IN CONNECTION WITH THE DEVELOPMENT OF LITTLE HAITI PARK, FOR A PURCHASE PRICE OF $85,000 AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE OPTION AGREEMENT; ALLOCATING FUNDS, IN THE AMOUNT OF $88,310 FROM THE $255 MILLION HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BONDS TO COVER THE COSTS OF SAID ACQUISITION INCLUSIVE OF COSTS OF SURVEY, APPRAISAL, ENVIRONMENTAL REPORT, TITLE INSURANCE AND DEMOLITION. WHEREAS, Resolution No. 01-1029, adopted September 25, 2001, directed the City Manager to take all steps necessary to initiate and implement the development of a superlative park in the Little Haiti area ("Park Project"); and WHEREAS, the boundaries for the Park Project as established by the City Commission are from Northeast 59th Street to Northeast 67th Street between Northeast 2na Avenue and the Railroad Tracks, Miami, Florida; and Are' `CT [El CCNIp r ns D CITY COMMISSION MEETING OF MAY 0 rj 2003 Aaaoloinn No. 03— 472 • Book21706/Page2203 Page 2 of 6 • WHEREAS, Resolution No. 02-395, adopted April 11, 2002, directed the City Manager to expedite the land acquisition for the Park Project approved in the $255 Million Homeland Defense/Neighborhood Improvement Bond Issue; and WHEREAS, the above referenced property is within the park boundaries and is necessary as part of the land assembly required for the Little Haiti Park Project; and WHEREAS, an independent appraisal established the fair market value for the Property at $60,000; and WHEREAS, an Option to Purchase Real Property Agreement to purchase the property at a purchase price of $65,000 was prepared; and WHEREAS, the Purchase Price exceeds the appraised value of $60,000 dollars by $25,000 dollars; and WHEREAS, Ary Moise International, Inc., SELLER, A Florida Corporation, has agreed to demolish, cap the sewer, and remove all structures and debris (excluding any fencing) from the Property as part of the purchase price; and WHEREAS, 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 (4/5tha) 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; Page 2 of 4 03— 472 Book21706/Page2204 Page 3 of 6 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-1/ to execute an Option to Purchase Real Property Agreement ("Option Agreement"), in substantially the attached form, between the City of Miami and Ary Moise International, Inc., a Florida Corporation, to purchase the property located at 253 Northeast 59th Terrace, Miami, Florida, ("Property"), as legally described in "Exhibit A," attached and incorporated, in connection with the development. of Little Haiti Park, with a purchase price of $85,000, and in accordance with the terms and conditions of said option Agreement, with funds, in the amount of $88,310, allocated from the $255 Million Homeland Defense/Neighborhood Improvement Bonds to cover the costs of said acquisition inclusive of costs of survey, appraisal, environmental report, and title insurance, and demolition. 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. Page 3 of 4 Q3 03-- 472 13ook21706/Page2205 Page 4 of 6 • • Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2V PASSED AND ADOPTED this 8th day of May , 2003. MANUEL A. DIAZ, MAYO ATTEST: AbwJeAL PRISCILLA A. THOMPSON CITY CLERK APPROVEDFORM,,AND CORRECTNESS:t/ RO VILARELLO ATTORNEY W7178:tr:AS:BSS 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. Page 4 of 4 CQ3- 472 Book21706/Page2206 Page 5 of 6