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
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• •
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.
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CQ3- 472
Book21706/Page2206 Page 5 of 6