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2011-08 ORDINANCE NO. 2011-08 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A REAL ESTATE SALES CONTRACT WITH MHI- ELEVEN OAKS, L.L.C., FOR CERTAIN REAL PROPERTY, TOGETHER WITH IMPROVEMENTS THEREON, OWNED BY THE CITY AND LOCATED PARTIALLY WITHIN THE CITY AND PARTIALLY WITHIN THE COUNTY OF FAIRFAX, AND FURTHER IDENTIFIED AS CITY TAX MAP NO. 57 -4 -02 -003 AND COUNTY TAX MAP NO. 57 -4 -01 -006. WHEREAS, the City is the owner of certain real property, together with improvements thereon, located partially within the City and partially within the County of Fairfax, and more particularly identified as City Tax Map No. 57 -4 -02 -003 and County Tax Map No. 57 -4 -01- 0006 (the "Property "); and WHEREAS, the City Council has determined, following receipt of proposals in response to a City issued Request for Proposals, that it is in the best interest of the City to negotiate and enter into a Real Estate Sales Contract with MHI - Eleven Oaks, L.L.C., for the Property, and to sell the Property to MHI- Eleven Oaks, L.L.C., assuming the satisfaction of all conditions set forth in the final Real Estate Sales Contract. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that the City Manager is authorized to negotiate and execute a Real Estate Sales Contract on behalf of the City with MHI - Eleven Oaks, L.L.C. for the entirety of the Property, such Real Estate Sales Contract to be in a form approved by the City Attorney, and substantially of the form of the draft Real Estate Sales Contract attached to this ordinance. BE IT FURTHER ORDAINED by the City Council of the City of Fairfax, Virginia, that the City Manager, or his designee, is authorized to execute any and all documentation in connection with the transaction that is the subject of this Ordinance, including but not limited to, any documentation required as part of the closing or settlement of this transaction, with the concurrence of the City Attorney. This ordinance shall become effective as provided by law. Introduced: April 28, 2011 PUBLIC HEARING: May 10, 2011 ENACTED: May 10, 2011 U f\ AA -1 44 .- % 1 i Mayor ATTEST: t ;ft 1 // City Cler The vote on the motion to approve was recorded as follows: Votes Councilwoman Cross Absent Councilman Drummond Aye Councilman Greenfield Aye Councilman Meyer Aye Councilman Schmidt Aye Councilman Stombres Aye