PH.13 - A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS PURSUANT TO SECTION 18-182(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ATTACHED AND INCORPORATED AS EXHIBIT “A,” AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; DECLARING SURPLUS AND APPROVING SALE AND CONVEYANCE PURSUANT TO SECTIONS 29-B(E) AND 29-B(F) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 79 NORTHWEST 46 AVENUE MIAMI, FLORIDA, FOLIO NO. 01-4105-019-0030, AS MORE PARTICULARLY DESCRIBED IN THE AGREEMENT FOR PURCHASE AND SALE ("AGREEMENT"), TO LUIS LANZA AND DOLORES CASTILLO (COLLECTIVELY, THE “PURCHASER”) FOR THE PURCHASE PRICE OF FIFTEEN THOUSAND AND 00/100 DOLLARS ($15,000.00) AS THE AMOUNT TO BE PAID TO THE CITY BY THE PURCHASER, BY WAY OF QUITCLAIM DEED WITH USE RESTRICTIONS AND REVERTER PRO...

WHEREAS, the City of Miami (“City”) has been approached by Luis Lanza and Dolores Castillo (collectively, the “Purchaser”) regarding the sale of approximately one thousand, three hundred twenty (1,320) square feet of a City-owned property located at 79 Northwest 46 Avenue, Miami, Florida, Folio No. 01-4105-019-0030 (“Property”), by way of a Quitclaim Deed (“Deed”) in substantially the form included in the Agreement, as more particularly described in the agreement for Purchase and Sale ("Agreement"); and

WHEREAS, the Purchaser is an adjacent property owner that is interested in the Property and has agreed to pay the City a purchase price of Fifteen Thousand and 00/100Dollars ($15,000.00) for the Property; and

WHEREAS, the Purchaser wishes to purchase the Property for the purchase price of Fifteen Thousand and 00/100Dollars ($15,000.00) (“Purchase Price”); 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(e) of the Charter of the City of Miami, Florida, as amended (“City Charter”), provides that the requirements for competitive bidding shall not apply when disposing of property acquired in connection with delinquent taxes which properties were conveyed to the City by the Board of County Commissioners of Miami-Dade County (“County”) under the provisions of Section 197.592(3), Florida Statutes, as amended; and

WHEREAS, the Property was conveyed from the County to the City for no consideration and in accordance with Section 197.592(3), Florida Statutes; and

WHEREAS, Section 29-B(f) of the City Charter provides an additional 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 warranty for sufficiency of its title nor any interest it may have in the Property; and

WHEREAS, the City Manager recommends the City, remise, release and quitclaim the Property to Purchaser, subject to restrictions and reverter, pursuant to Section 29-B(e) and 29-B(f) of the Charter of the City of Miami, as amended (“City Charter”), for the purposes described herein; and

WHEREAS, the City Manager hereby finds that the proposed conveyance of the Property and a waiver of the restriction contained in Section 18-182(a) of the Code of the City of Miami, Florida, as amended (“City Code”) is in the best interest of the City;

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.  By a four-fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager’s findings pursuant to Section 18-182(c) of the City Code, are ratified, approved, and confirmed, and the City Commission hereby waives the requirements for said procedures.

Section 3.  The City Manager is hereby authorized, pursuant to Section 29-B(e) and Section 29-B(f) of the City Charter, to execute the Agreement and Deed in a form acceptable to the City Attorney, to convey the Property with restrictions and reverter to the Purchaser, for the Purchase Price.

Section 4.  The City Manager is further authorized1 to negotiate and execute any and all necessary documents, including amendments, extensions, and modifications to the Agreement and Deed, all in a form acceptable to the City Attorney, as deemed necessary, to consummate such transaction and conveyance for said purpose in accordance with terms and conditions of the Agreement.

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 the Purchaser "as is" and "where is" without express or implied representations or warranties, including but not limited to those relating to the Property’s condition or sufficiency of title.

Section 6.  This Resolution shall become effective immediately upon its adoption and signature of the Mayor.