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HomeMy WebLinkAbout2018-19-400 Agreement of Sale - BH Miami Gardens Town Center ORDINANCE NO. 2018-19-400 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE SALE OF THAT CERTAIN CITY OWNED PROPERTY MORE PARTICULARLY DESCRIBED IN THE AGREEMENT OF SALE ATTACHED HERETO AS EXHIBIT "A" TO BH MIAMI GARDENS TOWN CENTER, LLC IN ACCORDANCE WITH THAT AGREEMENT OF SALE ATTACHED HERETO IN SUBSTANTIAL FORM; PROVIDING FOR INSTRUCTIONS TO THE CITY MANAGER, CITY ATTORNEY, CITY CLERK AND TO THE MAYOR; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Miami Gardens is the owner of the parcel(s) of land located on the northeast corner of N.W. 191st Street and NW 27th Avenue with Folio No. 34-2103-001-0715, containing approximately 2.483 acres of unimproved land; and Folio No. 34-2103-001-0710 containing approximately 33.185 acres of unimproved land on the north and south sides of NW 191st Street located east of NW 27th Avenue ("Property"), and WHEREAS, the City entered into negotiations on the subject property with BH Miami Gardens Town Center, LLC, pursuant to Resolution No. 2018-09-3322 on January 10, 2018, and WHEREAS, a conceptual plan, was presented at the July 11, 2018, City Council meeting, the conceptual plan provides for a number of entertainment uses on the property, and WHEREAS, the City desires to finalize negotiations and transfer the sale of the property to BH Miami Gardens Town Center, LLC, for the development of a commercial town center, and 1 Ordinance No. 2018-19-400 WHEREAS, the purchase price for the Property shall be Fifteen Million Four Hundred Thousand and No/100 ($15,400,000) Dollars, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. Section 2. AUTHORIZATION: The City Council hereby authorizes the sale of that property described in the Agreement of Sale attached hereto as Exhibit "A" to BH Miami Gardens Town Center, LLC. The City Council further authorizes the Mayor, City Manager, City Attorney and City Clerk to take all steps necessary to effectuate the sale of the property, including drafting any amendments to the Agreement of Sale not affecting price and all closing documents may be necessary. Section 3: CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. Section 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 25th DAY OF JULY, 2018. 2 Ordinance No. 2018-19-400 PASSED ON SECOND READING ON THE 24th DAY OF OCTOBER, 2018. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE 24th DAY OF OCTOBER, 2018. OLIVER BERT, III, MAYOR ATTEST: MARIO BATAILLE, CMC, trfy CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: CAMERON BENSON, CITY MANAGER Moved by: Councilwoman Robinson Second by: Councilwoman Odom VOTE: 6-0 Mayor Oliver Gilbert, III (Yes) (No) (absent) Vice Mayor Erhabor Ighodaro, Ph.D. X (Yes) (No) Councilwoman Lisa C. Davis X (Yes) (No) Councilman Rodney Harris X (Yes) (No) Councilwoman Lillie Q. Odom X (Yes) (No) Councilwoman Felicia Robinson X (Yes) (No) Councilman David Williams Jr X (Yes) (No) 3 Ordinance No. 2018-19-400