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File Number: 15-01662
City of Miami
Legislation
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov,com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING THE SALE OF APPROXIMATELY 825 SQUARE FEET OF A
CITY -OWNED PROPERTY LOCATED AT 21 NORTHEAST 281-H STREET, MIAMI,
FLORIDA, FOLIO NO. 01-3125-005-0480 ("PROPERTY"), TO THE ASSOCIATION
FOR THE DEVELOPMENT OF THE EXCEPTIONAL INCORPORATED
("PURCHASER"), PURSUANT TO AN EXEMPTION GRANTED UNDER SECTION
29-B OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR
SIXTY TWO THOUSAND DOLLARS ($62,000.00) AS THE AMOUNT TO BE PAID
TO THE CITY OF MIAMI ("CITY") BY THE PURCHASER; AUTHORIZING THE CITY
MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT
("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, PROVIDING THAT
THE PROPERTY WILL BE CONVEYED "AS IS" AND "WHERE IS", THAT CITY WILL
NOT WARRANT THE SUFFICIENCY OF ITS TITLE NOR ANY INTEREST IT MAY
HAVE IN THE PROPERTY, AND THAT PURCHASER ACCEPTS THE PROPERTY
"AS IS" AND "WHERE IS" AS TO ALL CONDITIONS; FURTHER AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS,
INCLUDING AMENDMENTS AND MODIFICATIONS TO THE AGREEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO
CONSUMMATE SUCH TRANSACTION.
WHEREAS, the City of Miami ("City") has been approached by The Association for the
Development of the Exceptional Incorporated ("Purchaser"), a Florida non-profit corporation that has
served Miami -Dade County's developmentally disabled population for more than twenty-five (25)
years, regarding the sale of approximately 825 square feet of a City -owned property located at 21
Northeast 28th Street, Miami, Florida, Folio No. 01-3125-005-0480 ("Property"); and
WHEREAS, Purchaser is the only adjacent property owner that is interested in the Property and
has agreed to pay the City a purchase price of Sixty Two Thousand Dollars ($62,000.00) or
approximately $75.15 per square foot; and
WHEREAS, Purchaser wishes to purchase the Property to be able to maintain and control the
constant problem with debris on site, as well as provide the additional square footage for further usage
by the program's participants; 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 of the Charter of the City of Miami, Florida, as amended ("Charter"),
provides an exemption from the competitive bidding requirements for disposition of non -waterfront
City -owned property when conveying to an adjacent property owner subject property of 7,500 square
feet or less or subject non -waterfront property which is non -buildable; and
WHEREAS, the area contained in the Property is not in excess of 7,500 square feet, is
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File Number: 15-01662
non -buildable, non -waterfront, and its conveyance to the adjacent property owner would assist 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;
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 approves the sale of the Property to the Purchaser,
pursuant to an exemption granted under Section 29-B of the City Charter for sixty two thousand dollars
($62,000.00) as the amount to be paid to the City by the Purchaser.
Section 3, The City Manager is hereby authorized(l) to execute an Agreement, in substantially the
attached form, providing that the Property will be conveyed "as is" and "where is" as to all conditions,
that City will not warrant the sufficiency of its title nor any interest it may have in the property, and that
Purchaser accepts "as is" and "where is" as to all conditions.
Section 4. The City Manager is further authorized{1 } to negotiate and execute all other
documents, including amendments and modifications to the Agreement, in a form acceptable to the
City Attorney, as may be necessary to consummate such transaction.
Section 5. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APP OVED 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.
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