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HomeMy WebLinkAboutR-23-0206City of Miami Resolution R-23-0206 alldl 11 li.Rl I + Legislation File Number: 13854 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 4/27/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY') AND JENNY MARY WEINREB ("SELLER"), FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT 3691 SOUTHWEST 1ST AVENUE, MIAMI, FLORIDA, FOLIO NUMBER 01-4139-007-0370 ("PROPERTY'), FOR A PURCHASE PRICE NOT TO EXCEED SEVEN HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($775,000.00); AUTHORIZING THE CITY MANAGER TO IDENTIFY, BUDGET, ALLOCATE AND APPROPRIATE FUNDS IN AN AMOUNT NOT TO EXCEED EIGHT HUNDRED TWENTY THOUSAND DOLLARS ($820,000.00), TO COVER THE COST OF SAID ACQUISITION, INCLUSIVE OF THE COST OF SURVEYS, ENVIRONMENTAL REPORTS, TITLE INSURANCE, DEMOLITION, SECURING THE PROPERTY, PROJECT SIGNAGE AND ALL RELATED CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION, IN ACCORDANCE WITH THE TERMS AND CONDITIONS HEREIN; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. SPONSOR(S): Commissioner Joe Carollo WHEREAS, the City of Miami ("City") wishes to acquire the property located at 3691 Southwest 1 st Avenue, Miami, Florida, Folio Number 01-4139-007-0370 ("Property"); and WHEREAS, the City plans to construct a park that will enhance the quality of life of residents in the surrounding area; and WHEREAS, the City intends to negotiate a Purchase and Sale Agreement ("Agreement") with Jenny Mary Weinreb ("Seller") for a purchase price not to exceed Seven Hundred Seventy - Five Thousand Dollars ($775,000.00); and WHEREAS, pursuant to Section 166.045(b), Florida Statutes, titled "Proposed Purchase of Real Property by Municipality; Confidentiality of Records; Procedure," for each purchase in an amount in excess of $500,000.00, the governing body shall obtain at least two (2) appraisals by appraisers approved pursuant to Section 253.025, Florida Statutes; and WHEREAS, the City obtained two (2) appraisal reports from licensed State of Florida certified appraisers; and WHEREAS, Section 166.045(b), Florida Statutes, further states that if the agreed purchase price exceeds the average price of the two (2) appraisals, the governing body is City of Miami Page 1 of 3 File ID: 13854 (Revision:) Printed On: 5/9/2023 File ID: 13854 Enactment Number: R-23-0206 required to approve the purchase by an extraordinary vote (i.e. a four -fifths (4/5ths) vote of the City Commission); and WHEREAS, the City Manager shall identify, budget, allocate and appropriate the necessary funds in an amount not to exceed Eight Hundred Twenty Thousand Dollars ($820,000.00), to cover the cost of said acquisition, inclusive of the cost of surveys, environmental reports, title insurance, demolition, securing the property, project signage and all related closing costs associated with said acquisition, in accordance with the terms and conditions herein; and WHEREAS, the City Manager is authorized to execute the Agreement and all necessary documents, including amendments and modifications to said agreement, all in a form acceptable to the City Attorney; 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. By a 4/51" affirmative vote, the City Manager is authorized' to negotiate and execute an Agreement, between the City of Miami ("City") and ("Seller"), for the acquisition of the Property, for a purchase price in an amount not to exceed Seven Hundred Seventy -Five Thousand Dollars ($775,000.00). Section 3. The City Manager is also authorized, to identify, budget, allocate and appropriate the necessary funds in an amount not to exceed Eight Hundred Twenty Thousand Dollars ($820,000.00) to cover the cost of said acquisition, inclusive of the cost of surveys, environmental reports, title insurance, demolition, securing the property, project signage and all related closing costs associated with said acquisition, in accordance with the terms and conditions herein. Section 4. The City Manager is further authorized to negotiate and execute all necessary documents, including amendments and modifications to said Agreement, in a form acceptable to the City Attorney, as may be necessary to effectuate said acquisition. Section 5. This Resolution shall become effective immediately upon its adoption.2 ' The herein authorization is further subject to compliance with all legal requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and City 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 City of Miami Page 2 of 3 File ID: 13854 (Revision:) Printed on: 5/9/2023 File ID: 13854 Enactment Number: R-23-0206 APPROVED AS TO FORM AND CORRECTNESS: 1 Vft6ria-Vrdel, City Attor iey 4/18/2023 City of Miami Page 3 of 3 File ID: 13854 (Revision:) Printed on: 5/9/2023