HomeMy WebLinkAboutR-22-0080City of Miami
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Resolution: R-22-0080
File Number: 11488
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 2/24/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A PURCHASE AND SALE
AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, BETWEEN
THE CITY OF MIAMI AND ELBA MONTES, F/K/A ELBA HERNANDEZ, FOR
THE ACQUISITION OF REAL PROPERTY LOCATED AT 713 SOUTHWEST 63
COURT, MIAMI, FLORIDA ("PROPERTY") FOR A PURCHASE PRICE OF FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00); FURTHER AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER
NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND
MODIFICATIONS TO THE AGREEMENT, ALL IN FORMS ACCEPTABLE TO
THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE THE
ACQUISITION OF THE PROPERTY; ALLOCATING FUNDS FROM PROJECT
NO. 40-13213414, DISTRICT 4 PARK AND AFFORDABLE HOUSING LAND
ACQUISITION, IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED FORTY-
FIVE THOUSAND DOLLARS ($545,000.00) TO COVER ALL COSTS OF THE
ACQUISITION OF THE PROPERTY, INCLUSIVE OF THE COST OF SURVEY,
ENVIRONMENTAL REPORTS, TITLE INSURANCE, ATTORNEYS' FEES,
DEMOLITION, SECURING THE PROPERTY, PROJECT SIGNAGE, AND ALL
RELATED CLOSING COSTS ASSOCIATED WITH THE ACQUISITION.
SPONSOR(S): Commissioner Manolo Reyes
WHEREAS, the City of Miami ("City") wishes to acquire the real property located at 713
Southwest 63 Court, Miami, Florida ("Property"); and
WHEREAS, the City plans to construct a park at the Property that will serve the
recreational and cultural needs of the area including enhancing the quality of life of area
residents; and
WHEREAS, Elba Montes, f/k/a Elba Hernandez ("Seller"), has agreed to enter into a
Purchase and Sale Agreement ("Agreement") with the City to convey the Property to the City for
a purchase price of Five Hundred Thousand Dollars ($500,000.00) ("Purchase Price"); and
WHEREAS, the City obtained an appraisal from a licensed State of Florida certified
appraiser pursuant to Section 166.045(b), Florida Statutes, stating that the appraised value of
the Property is Four Hundred Fifty Thousand Dollars ($450,000.00); and
WHEREAS, pursuant to Section 166.045(b), Florida Statutes, the City is required to
approve the purchase of the Property by an extraordinary vote (i.e. a four -fifths [4/5ths] vote) as
the Purchase Price exceeds the appraised value; and
City of Miami Page 1 of 2 File ID: 11488 (Revision:) Printed On: 3/7/2022
File ID: 11488
Enactment Number: R-22-0080
WHEREAS, the City's estimated total cost for the acquisition of the Property will not
exceed Five Hundred Forty -Five Thousand Dollars ($545,000.00) with funds being allocated
from Project No. 40-13213414, District 4 Park and Affordable Housing Land Acquisition;
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 Manager is authorized' to negotiate and execute the Agreement
between the City and the Seller for the acquisition of the Property for the Purchase Price, in a
form acceptable to the City Attorney.
Section 3. The City Manager is further authorized' to negotiate and execute any and all
necessary documents, including amendments and modifications to the Agreement, all in forms
acceptable to the City Attorney, as may be necessary to effectuate the acquisition of the
Property.
Section 4. Funding for the acquisition of the Property is allocated in an amount not to
exceed Five Hundred Forty -Five Thousand Dollars ($545,000.00) from Project No. 40-13213414,
District 4 Park and Affordable Housing Land Acquisition, to cover all costs of the acquisition of
the Property, inclusive of the cost of survey, environmental reports, title insurance, attorneys'
fees, demolition, securing the property, project signage, and all closing costs associated with
the acquisition.
Section 5. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i "ndez, Cify Kttor iey 2/14/2022
' The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 2 of 2 File ID: 11488 (Revision:) Printed on: 3/7/2022