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HomeMy WebLinkAboutLegislation-SUBR 3 - sulos2(' City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 vnvw.miamigov.com File Number: 08-01137 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE ACQUISITION OF THE PROPERTIES LOCATED AT 551 NORTHWEST 71 STREET, 7142 AND 7148 NORTHWEST 5 COURT, MIAMI, FLORIDA, (COLLECTIVELY THE "PROPERTY"), CONTAINING AN AGGREGATE AREA OF 35,643 SQUARE FEET MORE OR LESS, AS LEGALLY DESCRIBED IN THE PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF MIAMI AN3 DAVID AND WALTER R. MILLER, ATTACHED AND INCORPORATED, FOR A TOTAL PURCHASE PRICE OF ONE MILLION TWO HUNDRED SIXTY EIGHT THOUSAND SEVEN HUNDRED AND FIFTY DOLLARS ($1,268,750); AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WHICH ARE NECESSARY TO EFFECTUATE SAID CONVEYANCE; FURTHER ESTABLISHING AN AWARD AND ALLOCATING FUNDS IN THE TOTAL AMOUNT NOT TO EXCEED ONE MILLION THREE HUNDRED TWENTY FOUR THOUSAND DOLLARS ($1,324,000), FROM THE PUBLIC WORKS GENERAL FUND TO CAPITAL ACCOUNT, PROJECT NO. B-30551, ENTITLED, "PUBLIC WORKS MAINTENANCE YARD," TO COVER THE COST OF SAID ACQUISITION, INCLUSIVE OF THE COST OF SURVEY, ENVIRONMENTAL REPORT, TITLE E INSURANCE AND RELATED CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER, AS MAY BE NECESSARY IN ORDER TO MEET THE BEST INTEREST OF THE CITY. WHEREAS, the Public Works Departrnent ("Department') has been looking for a permanent facility to house their Operations Division and has determi -led an u cent need to move their Operations Division maintenance yard from the present location that has become too small, to store the growing inventory of heavy equipment, to a iarger facility that provide ample storage area for their equipment, materials, and accommodate their employees; and WHEREAS, the properties located at 551 Northwest 71 Stree:, 714,2 and 7'148 Northwest 5 Court, Miami, Florida (collectively "Property"), meet the needs of the Department and is close to I- 95 which will increase the Department's response time during ernergency situations; and WHEREAS, two independent appraisals were procured and established One Million Two Hundred Sixty Eight Thousand Seven Hundred and Fifty Dollars ($1;268,75U; as the average fair market value for the Property; and WHEREAS, the Fiscal Year 2009 budget allocation ,For Public Works midi allow the Department to proceed with this purchase, however, certain eligible, right-of-way maintenance activities as City of Miami 0-OIr7-,.e1Stat i0n-SU(� Page 1 of 2 Printed On: 10/14/2008 File Number: 08-01137 permissible in Chapter 54, Section 54-3, of the Code of the City of Miami, Florida, as amended, entitled, "Streets and Sidewalks," wili be funded via the Lane Closure Special Revenue Fund; 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 a Purchase and Sale Agreement ("Agreement"), in substantially the attached forrn, for the acquisition of the Property, containing an aggregate area of 35,643 square feet more or less, as legally described in the Agreement between the City of Miami and David and Walter R. Miller, attached and incorporated, for a total purchase price of One Million Two Hundred Sixty Eight Thousand Seven Hundred and Fifty Dollars ($1,268,750), with funds allocated and an award established, in the total amount not to exceed One Million Three Hundred Twenty Four Thousand Dollars ($1,324,000), from the Public Works General Fund to Capital Account, Project No. B-30551, entitled, "Public Works Maintenance Yard," to cover the cost of said acquisition inclusive of the cost of survey, environmental report, title insurance and related closing costs associated with said acquisition, in accordance with the terms and conditions of the agreement, which terms may be amended by the City Manager, as may be necessary in order to meet the best interest of the City. Section 3. The City Manager is further authorized{1} to execute any necessary documents, in a form acceptable to the City Attorney, which are necessary to effectuate said conveyance. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS: JULIE OBRU CITY ATTORNEY 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. City of Miami Page 2 of 2 Printed On: 10/14/2008 Ram SUBSTITUTED City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 vwx.miamigov.com File Nu tier: 08-01 137 Final Action Date: A RE •LUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHO ZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEM T ("AGREEMENT), IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE A QUISITION OF THE PROPERTIES LOCATED AT 551 NORTHWEST 71 STREET, 42 AND 7148 NORTHWEST 5 COURT, MIAMI, FLORIDA, (COLLECTIVEL THE "PROPERTY"), CONTAINING AN AGGREGATE AREA OF 35,643 SQUARE ET MORE OR LESS, AS LEGALLY DESCRIBED IN THE PURCHASE AND S LE AGREEMENT BETWEEN THE CITY OF MIAMI AND DAVID AND WALTE MILLER, ATTACHED AND INCORPORATED, FOR A TOTAL PURCHASE P E OF ONE MILLION TWO HUNDRED SEVENTY SEVEN THOUSAND FIVE HUND D DOLLARS ($1,277,500); AUTHORIZING THE CITY MANAGER TO EXECUTE Y NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CIT TTORNEY, WHICH ARE NECESSARY TO EFFECTUATE SAID CONVEY CE; FURTHER ESTABLISHING AN AWARD AND ALLOCATING FUNDS IN THE TOTAL AMOUNT NOT TO EXCEED ONE MILLION THREE HUNDRED TWENTY FOU" THOUSAND DOLLARS ($1,324,000), FROM THE PUBLIC WORKS GENERAL F D TO CAPITAL ACCOUNT, PROJECT NO. B-30551-,'ENTITLED, 'PUBLIC WORK` AINTENANCE YARD;' TO -COVER THE-- - COST OF SAID ACQUISITION, INCLUS E OF THE COST OF SURVEY, ENVIRONMENTAL REPORT, TITLE INSU NCE AND RELATED CLOSING COSTS ASSOCIATED WITH SAID ACQUIS ION, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREE NT, WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER, AS MAY : NECESSARY IN ORDER TO MEET THE BEST INTEREST OF THE CITY. WHEREAS, the Public Works Department ("Department') has b=en facility to house their Operations Division and has determined an ur Operations Division maintenance yard from the present location that store the growing inventory of heavy equipment, to a larger facility that area for their equipment, materials, and accommodate their employees; a looking for a permanent nt need to move their s become too small, to 'II provide ample storage d WHEREAS, the properties located at 551 Northwest 71 Street, 7142 and 7 8 Northwest 5 Court, Miami, Florida (collectively ''Property"), meet the needs of the Departm f and is close to I- 95 which will increase the Department's response time during emergency situatio s; and WHEREAS, two independent appraisals were procured and established One Millio Two Hundred Seventy Seven Thousand Five Hundred Dollars ($1,277,500) as the average •ir market value for the Property; and WHEREAS, the Fiscal Year 2009 budget allocation for Public Works will allow the Depart nt to proceed with this purchase, however, certain eligible, right-of-way maintenance activities as City of Miami Page 1 of 2 Printed On: 9/30/200 SUBSTITUTED File Number: 08-01137 ermissible in Chapter 54, Section 54-3, of the Code of the City of Miami, Florida, as amended, titled, "Streets and Sidewalks," will be funded via the Lane Closure Special Revenue Fund; FLO NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, A: Section ' . The recitals and findings contained in the Preamble to this Resolution are adopted by reference,a d incorporated as if fully set forth. in this Section. Section 2. T - City Manager is authorized{1} to execute a Purchase and Sale Agreement ("Agreement"), in ubstantially the attached form, for the acquisition of the Property, containing an aggregate area of ,643 square feet more or less, as legally described in the Agreement between the City of Miami an. •avid and Walter R. Miller, attached and incorporated, for a total purchase price of One Million Tw, Hundred Seventy Seven Thousand Five Hundred Dollars ($1,277,500), with funds allocated and : award established, in the total amount not to exceed One Million Three Hundred Twenty Four Tho and Dollars ($1,324,000), from the Public Works General Fund to Capital Account, Project No. -30551, entitled, "Public Works Maintenance Yard," to cover the cost of said acquisition inclusive of ie cost of survey, environmental report, title insurance and related closing costs associated with saiacquisition, in accordance with the terms and conditions of the agreement, which terms may be a •ended by the City Manager, as may be necessary in order to meet the best interest of the City. Section 3. The City Manager is furthe authorized(1) to execute any necessary documents, in a form acceptable to the City Attorney, whic are necessary to effectuate said conveyance. --Section4.--This Resolution shall-become-e' -ctive immediately upon its adoption and signature • of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS: JULIE BRU CITY ATTOR Y t Footnotes: -.. (1)-The-.herein.-authorization. is. further-subject._to_. compliance .with_all_requi -meats- that maybe- _. imposed by the City Attorney, including but not limited to those prescribed by ap•licable City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of to calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it - all become effective immediately upon override of the veto by the City Commission. Ciry of Miami Pagel oft Printed 0n: 9/30/70