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9
Resolution
File Number: 15-00689
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
DECLARING SURPLUS AND APPROVING THE SALE OF A CITY OF MIAMI
("CITY") OWNED CLUC 90 PROPERTY, FOLIO NUMBER 01-3133-028-0430, TO
TOWN & COUNTRY INVESTMENTS, LLC ("PURCHASER"), ESTABLISHINGSIX-
THOUSAND FIVE HUNDRED DOLLARS ($6,500.00) 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
SUCH OTHER DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
AS MAY BE NECESSARY TO CONSUMMATE SUCH TRANSACTION IN
ACCORDANCE WITH 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.
WHEREAS, the City of Miami ("City") has been approached by Town & Country Investments,
LLC, ("Purchaser") regarding the sale of approximately 3,498 square feet of a City -owned CLUC 90
property, Folio number 01-3133-028-0430 ("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 six thousand five hundred dollars
($6,500.00), or approximately $1.86 per square foot; and
WHEREAS, the Purchaser wishes to purchase the Property in order to maintain and control the
constant problem with debris; and
WHEREAS, the Property currently sits vacant, represents a maintenance cost and liability to
the City, and does not generate ad valorem taxes; and
WHEREAS, pursuant to Section 18-182 of the Code of the City of Miami, Florida, as amended,
the City Manager has the authority to sell any real property owned by the City that is not needed for
public use, or that may have become unsuitable for use by any City department; and
WHEREAS, Section 29-B of the City Charter provides an exception from the competitive
bidding requirements for disposition of non -waterfront City -owned property when conveying to an
adjacent property owner, when 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," and the City will not
warrant the sufficiency of its title nor any interest it may have in the Property;
City of Miami Page 1 af2 File Id. 15-00689 (Version: 1) Printed On 6/22/2015
File Number: 15-00689
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 fully set forth in this Section.
Section 2. The City -owned Property, as more particularly described in Exhibit "A," attached and
incorporated, is declared surplus property, and the sale of the same to the Purchaser is approved.
Section 3. The City Commission hereby establishes a purchase price of six thousand five
hundred dollars ($6,500.00) as the amount to be paid -to -the City -by -the -Purchaser:- _- -- - -
Section 4. The City Manager is hereby authorized{1} to execute an Agreement for Purchase
and Sale (`Agreement"), in substantially the attached form, and to execute such other documents, in a
form acceptable to the City Attorney, that 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 5. 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 Purchaser "AS IS" and "WHERE IS," and which Property is accepted by the Purchaser "AS IS" and
"WHERE IS" as to all conditions.
Section 6. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITYATTORNEY
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 (10) 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 Miand Page 2 of 2 File Id: 15-00689 (Version; 1) Printed On: 6/2212015