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J-03-408
05/07/03
RESOLUTION NO. 0 3— 4 7 1
A RESOLUTION OF THE MIAMI CITY COMMISSION BY
A FOUR --FIFTHS AFFIRMATIVE VOTE, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER
TO EXECUTE THE OPTION TO PURCHASE REAL
PROPERTY AGREEMENT ("OPTION AGREEMENT"),
ATTACHED AND INCORPORATED, BETWEEN THE CITY
OF MIAMI AND THE ESTATE OF WESNER ISSAC
FABIUS (SELLER), TO PURCHASE THE PROPERTY
LOCATED AT 263 NORTHEAST 5971i TERRACE, MIAMI,
FLORIDA ("PROPERTY"), AS LEGALLY DESCRIBED IN
"EXHIBIT A" OF THE OPTION AGREEMENT, IN
CONNECTION WITH THE DEVELOPMENT OF LITTLE
HAITI PARK, WITH A PURCHASE PRICE OF
$150,000, AND IN ACCORDANCE WITH THE TERMS
AND CONDITIONS OF THE OPTION AGREEMENT;
FURTHER ALLOCATING FUNDS IN THE AMOUNT OF
$169,000 FROM THE $255 MILLION HOMELAND
DEFENSE/NEIGHBORHOOD IMPROVEMENT BONDS TO
COVER THE COSTS OF SAID ACQUISITION INCLUDING
THE COST 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
5 9th
Street to
Northeast 67th Street between Northeast 2'd Avenue and the
Railroad Tracks, Miami, Florida; and
:. e.
Ey L G.: ■ .�'L 4 uG i�
CITY COMMISSION
MEETING OF
MAY 0 3 2003
a•Y6li11i0A HP.
03— 471
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•
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 $140,000; and
WHEREAS, an Option to Purchase Real Property Agreement
("Option Agreement") to purchase this property for $150,000, with
an option payment of $100 was prepared by the Department of Real
Estate and Economic Development and executed by the City Manager.
WHEREAS, the Purchase Price exceeds the appraised value of
$140,000 by $10,000 dollars; 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
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003- 471
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• •
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 (4/5°ha) affirmative vote,
the City Manager is authorized!' to exercise the Option to
Purchase Real Property Agreement ("Option Agreement"), attached
and incorporated, between the City of Miami and the Estate of
Wesner Issac Fabius (Seller), to purchase the property located at
263 Northeast 59°' Terrace ("Property"), Miami, Florida, as
legally described in "Exhibit A" of the Option Agreement, in
connection with the development of Little Haiti Park, with a
purchase price of $150,000 and in accordance with the terms and
conditions of the Option Agreement; with funds allocated, in the
amount of $169,000, from the $255 Million Homeland
Defense/Neighborhood Improvement bond to cover the costs of said
acquisition inclusive of the cost of survey, appraisal,
environmental report, 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.
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®03- 471
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Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.2/
PASSED AND ADOPTED this RtiL day of May
ATTEST:
ISCILLA A. F1pM O
CITY CLERK
APPROVED
O * LARELLO
ATTORNEY
W7204:tr:AS:BSS
a/
AND CORRECTNESS:,
, 2003.
MANUEL A. DIAZ, MAYOR
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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