HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Todd B. Hannon, City Clerk
FROM: Victoria Mende City Attorney
DATE: September f1; 2 8
RE: Resolution No. f -0493
File No. 2921
At its October 12, 2017 meeting, the City Commission adopted the above referenced
agenda item, PH.1, approving the sale of City of Miami owned CLUC 90 property to Rosa
Romney, pursuant to Section 29-B(f) of the Charter of the City of Miami, Florida, as amended. A
typo in the title of the Legislation has been corrected and placed in Revision A of the file.
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Enclosure(s)
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City of Miami
Legislation
Resolution: R-17-0493
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 2921
Final Action Date: 10112/247 .71
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S'. 1
PURSUANT TO SECTION 29-B(F) OF THE CHARTER OF THE CITY OF MIAM,' . L
FLORIDA, AS AMENDED, APPROVING THE SALE OF A CITY OF MIAMI .00 cn
("CITY') OWNED CLUC 90 PROPERTY IDENTIFIED AS FOLIO NUMBER 01- �.-k C
3207-000-0680, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" OF c,
THE PURCHASE AND SALE AGREEMENT, TO ROSA ROMNEY
r-
("PURCHASER"); ESTABLISHING THREE THOUSAND DOLLARS ($3,000.00)
AS THE AMOUNT TO BE PAID TO THE CITY BY THE PURCHASER; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR
PURCHASE AND SALE ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED
FORM, AND TO EXECUTE ANY AND ALL OTHER DOCUMENTS AS MAY BE
NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO
CONSUMMATE SUCH TRANSACTION 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 City of Miami ("City") has been approached by Rosa Romney
("Purchaser") regarding the sale of approximately 159 square feet of a City -owned CLUC 90
property with Folio No. 01-3207-000-0680 ("Property"); and
WHEREAS, the Purchaser is the only adjacent property owner that is interested in the
Property and has agreed to pay the City a purchase price of Three Thousand Dollars
($3,000.00) or approximately $18.87 per square foot for the Property; and
WHEREAS, the Purchaser wishes to purchase the Property to be able to maintain and
control the constant problem with debris on the Property and the surrounding area; and
WHEREAS, currently, the Property sits vacant, represents a maintenance cost and
liability to the City, and does not generate ad valorem taxes; and
WHEREAS, Section 29-B(f) of the Charter of the City of Miami, Florida, as amended
("Charter"), provides an exception from the competitive bidding requirements for disposition of
non -waterfront City -owned property when conveying to an adjacent property owner, the subject
property is 7,500 square feet or less, or the subject non -waterfront property is non -buildable;
and
WHEREAS, the area contained in the Property is not in excess of 7,500 square feet, is
non -buildable, non -waterfront, and its conveyance to the adjacent property owner would assist
in providing for the assemblage of land by the Purchaser; and
WHEREAS, the Property will be conveyed "as is" and "where is," absent any warrant for
sufficiency of its title nor any interest it may have in the Property;
City of Miami Page 1 of 2 File ID: 2921 (Revision: A) Printed On: 9/14/2018
File ID: 2921 Enactment Number: R-17-0493
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 herein as if fully set forth in this Section.
Section 2. The City Commission hereby establishes a purchase price of Three
Thousand Dollars ($3,000.00) as the amount to be paid to the City by the Purchaser.
Section 3. Pursuant to Section 29-B(f) of the Charter, the City Manager is hereby
authorized' to execute an Agreement for Purchase and Sale ("Agreement"), in substantially the
attached form, and to execute any and all other documents as may be necessary to
consummate such transaction 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 interests of the City.
Section 4. The City does not warrant the sufficiency of its title nor any interest it may
have in the Property, nor does it make any covenant whatsoever as to the Property, which is
being conveyed to the Purchaser "as is" and "where is" and which the Property is accepted by
the Purchaser "as is" and "where is" as to all conditions.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
na
ttor
•
11/14/2017 Barnaby L. Min, Deputy City Attomey 9/14/2018
1 The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attomey, 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 File ID: 2921 (Revision: A) Printed on: 9/14/2018